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5.1 Vacate Easement Grand Prairie AdditionCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/11/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 BY: ITEM PUBLIC WORKS DEPARTMENT FINAL APPROVAL: NO: 1 Page 1 BY: Daniel R. Stack BY: ITEM: Ordinance No. 13 -10683 Public hearing and report on Petition 4345, filed by the Cornerstone Development Group, LLC, requesting the vacation of a platted 10 ft. utility easement along the north side of Lot 12, Block 2 of the Grand Prairie Addition to the City of Salina, Saline County, Kansas. BACKGROUND: The Grand Prairie Addition, located north of Cedar Ridge Drive and west of Markley Road was platted in 2009. The subdivision was built around the Salina Municipal Golf Course (Muni) property with an entrance from Cedar Ridge Drive. Infrastructure improvements to the subdivision are being built in phases as lot demand increases. The Phase 1 improvements were built in 2010 and focused on the 34 lots near the Cedar Ridge Drive entrance. As shown on the attached vicinity map, Phase 1 ended approximately 500 ft. south of Lot 12 along the number six fairway. The Muni has a restroom facility serving the front nine holes, which is located between holes number four and seven to the east of Grand Prairie Addition. This facility is currently serviced by a septic tank system. Last year, the septic system failed and since that time, the restroom has been closed. The next phase of improvements in Grand Prairie provides for a public sewer system and service tap for the Muni restroom. However, it is unknown when the demand for lots will necessitate that this sewer line be constructed. City staff has designed a sewer service line to connect the golf course restroom to the closest available public sewer. This route will utilize an easement area on Lot 12 and will eliminate the need for approximately 200 ft. of public sanitary sewer line when the improvements to Phase 2 of Grand Prairie are constructed. However, this easement area needs to be transitioned from a public easement to a non - public easement for a specific use. Nature of Request The City of Salina asked the Cornerstone Group to file this petition initiating the process for vacating this 10 ft. public utility easement. Public easements are provided for use by the public and franchise utilities. The need for a non - public service line exists now so it can be constructed prior to the 2013 peak golf season. Cornerstone Group has agreed to grant a specific purpose easement to the City for the new service line as a substitute for the current public utility easement. The project is currently out for bids and is expected to be awarded at the March 18, 2013 City Commission meeting along with the easement dedication from Cornerstone Group. Affected Public and Franchise Utilities All local utility providers have been contacted about this vacation request. There are no active public or franchise utilities located within the platted 10 ft. public utility easement. Westar Energy will utilize an adjacent 10 ft. utility easement along the south edge of Lot 13 for street lighting along Bentgrass Drive. The public and franchise utilities contacted have no objection to the vacation of the utility easement. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/11/2013 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 BY: ITEM PUBLIC WORKS DEPARTMENT FINAL APPROVAL: NO: 1 Page 2 BY: Daniel R. Stack BY: FISCAL NOTE: There is no fiscal impact due to this item. The 2013 sub -CIP budget for buildings and facilities allocates $30,000 in sales tax funds for the sewer line construction, City Project No. 13 -2957. COMFORMANCE WITH STRATEGIC PLAN: Goal 3: The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality. RECOMMENDED ACTION: Staff has identified the following options and recommends Option 1: Option 1. Pass Ordinance No. 13 -10683 on first reading vacating the platted 10 ft. utility easement along the north side of Lot 12, Block 2 of the Grand Prairie Addition.. Option 2. Pass Ordinance No. 13 -10683 on first reading with edits to be incorporated prior the second reading. Option 3. Deny Ordinance No. 13 -10683 and provide staff with further direction. Enclosures: Ordinance No. 13 -10683 Petition Easement vacation exhibits A and B Sewer line plan sheet Vicinity map cc: Cornerstone Development Group DO NOT WRITE IN THIS SPACE PETITION NUMBER 110 City Clerk's Office Filed TO: THE GOVERNING BODY City of Salina, Kansas We, the undersigned, being residents and property owners in the City of Salina, Kansas, do hereby petition your honorable body for: Vacation of the ten foot utility easement located along the north side on Lot 12, Block 2, Grand Prairie Addition to the City of Salina, Saline County, Kansas except that portion contained within the twenty foot utility and walking trail easement. Respectfully submitted by: Cornerstone Development Group, LLC Telephone Number: 785- 822 -7282 ADDRESS 7nQ Q Qanta Fa 75d7 DiinrjPP T nnP PLF — 074,2/6/2013 Exhibit A A tract of land in Lot 12, Block 2, Grand Prairie Addition, City of Salina, Saline County, Kansas and more particularly described as follows: Beginning at the Northwest corner of said Lot 12; Thence on an assumed bearing of North 87° 24' 18" East on the North line of said Lot 12, a distance of 123.26 feet; Thence South 15° 07' 49" East, a distance of 10.24 feet to the Utility and Sidewalk Easement line; Thence South 87° 24' 18" West on the south line of the utility easement, a distance of 124.82 feet to the west edge of said Lot 12; Thence on the west edge of said Lot 12 on a curve to the left, said curve has a Radius of 80.00 feet, an arc length of 10.03 feet, a Chord Distance of 10.02 feet, and a Chord Bearing of North 06° 23' 31" West, to the Point of Beginning. Said tract contains 1239 square feet more or less. Exhibit B Ui Q Point of Beginning Northwest Corner (0 of Lot 12 co L =10.03 R= 80.00_/ �i C Dist = 10.02 C Dir N06' 23' 31 "W L =84.46 Q� R =80.00 (p) C Dist = 80.59 (p) C Dir = N20' 15' 46 "E i 20' UT &s Walking Trail Easement \ Lot 13 N87' 24' 18 "E 143.75' (p)- N87° 24' 18 "E = - S87' 24' 18 "W 124.82' S15° 07' 49 "E 10.24' [.rand Prairie Addition Legend / Easement Vacation Easement Line Lot Line Subdivision Line - - - — Right of Way Line • � V r a c9 0 20 40 60 80 SCALE: 1 " = 40' City of Salina, Kansas Salina Municipal Golf Course Sanitary Sewer Service Line Project 13 -2957 - 40 Location of Future Sanitary Sewer Manhole Grand Prairie Addition, Block 2 41 bl'bZl Future 8" Sanitary Sewer, Block 1 8 Sanitary Sewer Sta. 117 +10.29 Existing Sanitary Manhole Top: 1278.72 FL out (n) 1267.22 FL In (e) 1267.27 M 57,UT �1 Salina Municipal iWig} j t61b3 Golf Course I fr_a, Sta. 78 +38.5 - Install 45' Q and 4" x 23.42' Sanitary Bentgrass Drive Flowline Elevation: 1 (Grand Prairie Addition) 13 Q Baseline 4" Sprite, Service Line �1 10.ao - In -y w" Sta. 75 +08.68 - Install 45' fitting and 4" x 331.82' Sanitary Service Flowline Elevation: 1285.74 12 Grand Prairie Addition Block 2 1s 8" Sanitary Sewer Ste. 117 +95.42 = 11 Sta. 70 +00.00 - Install Wye Fitting and Begin 4" x 13.212 Sanitary Service Flow(ine Elevation: 6' Sanitary Lo-t Sanitary Sewer Maannhholol i e on of uture Back of Curb 10 Sta. 71 +76.56 - Install 22.5' fitting and 4" x 330.12' Sanitary Service y Flowline Elevation: 1279.65 \q� L ... nd 4" Sanitary Sewer Service Line Sta. 71 +10.35 - Install 22.5' fitting ss Sanitary Sewer Manhole (See Pian) °yea leeamm(y@i �- d 4" x 66.22' Sanitary Service -R- Property Line Flowline Elevation: 1276.25 - - - - -- Easement Line Right. of Way Line °m °. Sta. 70 +13.26 - Install45' fitting - v'�v� � Special Trench Compaction d 4" x 97.09' Sanitary Service Salina Municipal 0 40 80 120 160 Flowline Elevation: 1 271 .27 Golf Course 7 SCALE: 1' = 40' Sta. 78 +61.92 - Install 45' fitting and 4" x 5.84' Sanitary Service Flowline Elevation: 1289.44 Ste. 78 +67.76 End 4" San. Sewer Service Connect to existing 4" service line Match Existing 4" Sanitary Service Flowline Elevation: 1289.50 1 m I F O i Location Mop (N.T.S.) Project Laca2 0 1 1 ' - ------ 96 E Existing G, d d 9 ,____ 92- 4" Service Lin Minimum grade J" per foot o'd'i 4" 5ery ce Detail AT .S.) 8" Mai 4" Service 4" Service Clean Out Detail .T- General Note: 1. Maintain m of 2' of co r above top of service line. 2. Install clear out every 100' and at each turn of 135' or more. 3. UPC 701.1 Drainage piping shall be cast -iron, galvanized steel, galvanized wrought Iron, lead, copper, brass, Stainless Steel 304 or 316L. Schedule 40 ABS DWV. Schedule 40 PVC DWV, extra - strength vitrified clay pipe, or other approved materials having a smooth and uniform bore. UPC 701.2 Drainage fittings shall be of cast -iron, malleable 308 n. lead, brass, copper, ABS, PVC, vitrified clay, stainless steel 304 and 316L (304 shall not be installed underground and shall 304 be kept at least 6 inches (152 mm) aboveground), or other approved mater,:, havng o smooth interior waterway of the 300 same diameter a the piping served, and all such fittings h,l: be compatible with type of pipe used 196 192 1188�e�: xE•� 1184 i 3 160 (1 11 276 CITY OF SALINA, 300 W ASH, SAUNA, KANSAS a "' •• " "° 1-72 Ur1U PUBLIC WORKS - ENGINEERING - UTILITIES nc Ov 268 cF' Safina Municipal GO Course Sanitary Sewer Service Line ?64 1 -1 3 ­13-2957 Feb 2013 Go. ,Sle 4$ i http://maps.google.com/ 3n12013 Summary published in The Salina Journal on March , 2013. Posted on the City of Salina website from March , 2013. ORDINANCE NUMBER 13 -10683 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF A 10 FOOT UTILITY EASEMENT LOCATED ON LOT 12, BLOCK 2 OF THE GRAND PRAIRIE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Petition and Public Hearing. That on March 11, 2013 the governing body conducted a public hearing ( "Public Hearing ") on a petition filed by Cornerstone Development Group, LLC. ( "Petitioner ") requesting vacation of a ten (10) foot utility easement located along the north ten (10) feet of Lot Twelve (12), Block Two (2) of the Grand Prairie Addition, more particularly described as follows: Beginning at the Northwest corner of said Lot 12; Thence on an assumed bearing of North 87° 24' 18" East on the North line of said Lot 12, a distance of 123.26 feet; Thence South 15° 07' 49" East, a distance of 10.24 feet to the Utility and Sidewalk Easement line; Thence South 87° 24' 18" West on the south line of the utility easement, a distance of 124.82 feet to the west edge of said Lot 12; Thence on the west edge of said Lot 12 on a curve to the left, said curve has a Radius of 80.00 feet, an arc length of 10.03 feet, a Chord Distance of 10.02 feet, and a Chord Bearing of North 06° 23' 31" West, to the Point of Beginning. Said tract contains 1239 square feet more or less. Section 2. Findings. That the governing body finds from the evidence presented in relation to the requested easement vacation: (A) There are no public or franchise utilities located within the east -west portion of the platted utility easement proposed to be vacated. (B) The above described portion of the platted utility easement is no longer needed to serve its original purpose which was the construction of a public sanitary sewer main. Section 3. Conclusions. That on the basis of those findings and conditions, the governing body concludes that: (A) Due and legal notice has been given by publication as required by law; (B) No private rights will be injured or endangered by the requested utility easement vacation; (C) The public will suffer no loss or inconvenience thereby; and (D) In justice to the Petitioner, the prayer of the Petitioner ought to be granted. Section 4. Recording. That for the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this utility easement vacation relates to that tract of real property described as Lot Twelve (12), Block Two (2) in the Grand Prairie Addition to the City of Salina, Saline County, Kansas. Section 5. Summary of ordinance for publication. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Ordinance No. 13 -10683 Summary On March 18, 2013, the City of Salina, Kansas passed Ordinance No. 13- 10683. The ordinance provides for the vacation of a ten foot utility easement along the north side of Lot Twelve (12), Block Two (2) in the Grand Prairie Addition to allow it to be used for a private sewer service line serving the Salina Municipal Golf Course. A complete copy of the ordinance is available at www.salina- ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney. Introduced: March 11, 2013 Passed on second reading: March 18, 2013 Norman M. Jennings, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, City Clerk