6.3 Vac Mayfair Add CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE
9/20/82
TIME
4:00 P.M.
AGENDA SECTION:
NO. 6
Consent
ITEM
NO. 3
ORIGINATING DEPARTMENT:
Engineering
BY: Dean Boyer
APPROV ED FOR
AGENDA:
BY:
Request from Shirley Jacques, Saline County Clerk, that the City
Commission consider a petition filed by W. Dean Owens on behalf
of the First Covenant Church and St. Mark Evangelical Lutheran
Church, that a portion of Marlow Drive and a public utility ease-
ment in Mayfair Addition be vacated. The portion of Marlow Drive
to be vacated is described as that portion of Marlow Drive abut-
ting Lots 1 through 6, Block 13 and Lots 10 through 15, Block 14
in Mayfair Addition to the City of Salina, Kansas. The utility
easement to be vacated is described as the 14 foot wide public
utility easement over and across the rear of Lots 4 through 9,
Block 13 in Mayfair Addition to the City of Salina, Kansas.
The utility companies (Kansas Power & Light Co., Salina Cable
T61evision Service, and Southwestern Bell Telephone Co.) state
they have no need to retain the above utility easement or street
for future expansion of their facilities. There are no existing
public watermains or sanitary sewers in the request area. We
can serve the affected property without using the above utility
easement and the overall traffic pattern will not be affected
adversely by the street vacation.
The petitioners represent 100% of the property owners affected
by this vacation request. After reviewing this vacation request
with the Planning staff, we would recommend a resolution be passed
by the Salina City Commission recommending this petition be grant-
ed.
MOTION BY
TO:
COMMISSION ACTION
SECOND BY
m
Scale I": 20'
Property Owned by Petitioner
Request Area
~ ~QIJOIA
300 West Ash
Salina, Kansas 67401
Rufus Nye
City Manager
City of Salina
300 W. Ash
Salina, KS 67401
September 9, 1982
Shirley J. Jacques-County Clerk
Phone: (913) 827-7287
FILED
CiTY OF SALINA
CITY CLERK'S OFFICE
Dear Mr. Nye:
On September 9, 1982, a petition was filed in this office by W. Dean
Owens on behalf of First Covenant Church and St. Mark Evangelical
Lutheran Church, pursuant to K.S.A. 12-504 through 510, asking for
vacation of a portion of Marlow Drive and a public utility easement
in Mayfair Addition to the City of Salina, Saline County, Kansas. A
copy is enclosed.
Because the street and utility easement are located within the City
of Salina, please refer the petition to the Salina City Commission for
its consideration and recommendation to the County Commissioners.
Very truly yours,
Shirley J. Jacques
Saline County Clerk
Enclosure
CC:
L.O. Bengtson
City Attorney
P.O. Box 903
Salina, KS 67401
W. Dean Owens
Hampton, Royce, Engleman,
Nelson
Box 1247, Salina, KS 67401
City County Government Center
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SALINE COUNTY, KANSAS
PETITION FOR VACATION OF A PORTION OF
MARLOW DRIVE AND A PUBLIC UTILITY EASEMENT
IN MAY~AIR ADDITION TO THE CITY OF
SALINA~ SALINE COUNTY~ KANSAS
Come now First Covenant Church, a Kansas corporation wiSh its
registered office at Saline, Kansas, and St. Mark Evangelical
Lutheran Church, a Kansas corporation with its registered office
at Saline, Kansas, and respectfully petition the Board of County
Commissioners of Saline County, Kansas, pursuant to K.S.A. 12-504
through 510, inclusive, for an order vacating that portion of
Marlow Drive in Mayfair Addition to the City of Saline, Saline
County, Kansas, described as follows:
The South 441.1 Feet, more or less, of MarlowDrive, in
Mayfair Addition, an Addition to the City of Saline,
Saline County, Kansas, which may also be described as
that portion of Marlow Drive abutting Lots One (1), Two
(2), Three (3), Four (4), Five (5) and Six (6), in Block
Thirteen (13), and ~ots Ten (10), Eleven (11), Twelve
(12), Thirteen (13), Fourteen (14) and Fifteen (15), in
Block Fourteen (14), in Mayfair Addition, an Addition
tot, ha City of Saline, Kansas;
and vacating t. hat portion of a 14 foot wide Public Utility
Easement in Block Thirteen (13) in Mayfair Addition, an Addition
to the City of Saline, Saline County, Kansas, described as
follows:
The Sout. h 221.1 Feat of t_hat certain 14 foot wide Public
Utility Easement in Block Thirteen (13) in Mayfair
Addition, an Addition to the City of Saline, Saline
County, Kansas, which may also be described as that
certain 14 foot wide Public Utility Easement dedicated
over and across t. he rear 7 feet of Lots Four (4), Five
(5), Six (6), Seven (7), Eight (8) and Nine (9), in
Block Thirteen (13), in Mayfair Addition, an Addition
to t. he City of Saline, Saline County, Kansas.
In support oft. heir Petition, petitioners state that:
1. Petitioner, First Covenant Church, is the owner of all
of Lots One (1) through Twelve (12), inclusive, in Block Thirteen
(13), and all of Lots Four (4) through Fifteen (15), inclusive, in
Block Fourteen (14), in Mayfair Addition, an Addition to the City
of Salin=, Saline County, Kansas, which is all of the land
adjoining on both sides of the above-described street and Public
Utility Easement, has entered into an Agreement to sell =o the
Petitioner, St. Mark Evangelical Lutheran Church, Lots Three (3)
through Ten (10), inclusive, in Block Thirteen (13), and Lots Ten
(10) through Thirteen (13), in Block Fourteen (14), of Mayfair
Addition, an Addition to the City of Salina, Saline County,
Kansas. A condition to such sale is an order of the Board of
County Commissioners of Saline County, Kansas, vacating that
portion of Marlow Drive and that part of the Public Utility
Easement hereinabove described.
2. No private rights will be injured or endangered by such
vacation.
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3. The public will suffer no loss or inconvenience by such
vacation.
4. In Justice to the Petitioners, the prayer of this
Petition ought to be granted.
W~EREFORE, Petitioners respectfully request that this
Petition be referred to t-he governing body of t-he City of Saline,
Kansas, for its recommendation that t. his Petition be granted; t. hat
the Board of County Commissioners of Saline County, Kansas, set a
date and time for hearing on e. his Petition; that notice of the date
and time of such hearing be given in accordance with K.S.A. 12-
504; and that the Board of County Commissioners of Saline County,
Kansas, find t. hat due and legal notice of such hearing has been
given by publication as required by law, that no private rights
will be injured or endangered by such vacation, =hat =he public
will suffer no loss or inconvenience t-hereby, that in justice to
=he Petitioners t_he prayer of the Petition ought to be granted,
and enter an order t. hat such vacation be granted and made.
ST. MARK EVANGELICAL LUTHERAN C~URCH
PREPARED AND SUBMITTED BY:
W. De, Owens, of
HAMPTON, ROY,, ~G~MAN & ~LSON
917 United Building
P. O. Box 1247
Saline, Kansas 67401
913/827-7251
Attorneys for Petitioners
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