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5.2 Vacation Riffel Addition CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 4/5/04 TIME 4:00P.M. AGENDA SECTION NO: 5 ORIGINATING DEPARTMENT: Department of Pu bl ic Works APPROVED FOR AGENDA: ITEM NO. Page 1 2 BY: Bradley D. Johnson BY: ITEM: A public hearing to consider the vacation of an existing platted 66-foot wide natural gas line easement through Lot 2, Block 2, Riffel Addition. Ordinance No. 04-10193 vacating the 66-foot wide natural gas line easement across Lot 2, Block 2, Riffel Addition BACKGROUND: Petition number 4247 was filed on January 23, 2004 by Norman Riffel (President of Riffel Moving Services, Inc.) to vacate the above stated gas line easement. Please find attached a copy of the petition, vicinity map of the subdivision, drawing of the easement, and partial release of right-of-way. Kansas Gas Service has released this portion of the easement, but since it was platted, the City Commission must also vacate this easement. This is simply a formality as the easement was for Kansas Gas Service exclusively. The high-pressure natural gas pipeline was relocated over one year ago by Kansas Gas Service at the request and cost to Mr. Riffel. Inadvertently, Mr. Riffel failed to request the vacation of the easement at that time. Staff is proceeding with the acquisition of the necessary documents from Kansas Gas Service to facilitate the vacation of the remainder of the easement west of this lot. The vacation of the easement across Lot 2, Block 2, Riffel Addition has recently become a priority over the remainder of the easement due to a proposed development on this lot. Staff is anticipating receipt of a building permit application within a couple weeks, and release of the building permit can not occur until this easement is properly vacated. Staff will bring back the remainder of the easement vacation when the documentation from Kansas Gas Service becomes available with a petition from the property owner of Lots 2 and 3, Block 1, Riffel Addition. FISCAL NOTE: This action will have no fiscal impact to the City of Salina. RECOMMENDATION: City staff recommends the City Commission approve Ordinance No. 04-10193 vacating a portion 66' platted gas line easement across Lot 2, Block 2, Riffel Addition to the City of Salina, Kansas. î \ 1 , DO NOT WRITE IN THIS SPACE PETITION NUMBER 4-1..4-¡ TO: THE GOVERNING BODY City of Salina, Kansas City Clerk's Office Filed '04 JAN 23 A~8: 13 We. the undersigned. being residents and property owners in the: ~ity of Salina. Kansas, to hereby petition your honor~ble body for: :........................................... The vacation of the platted 66) gas line easement throuGh Lots 2 and 3. Block 1 ñnd Lot 2. Block 2 in the Riffel Addition to the City of Salina, Saline County, Kansas. Respectfully submitted by: Wally Storey Te1ephone Number: 823 7293 ,/ NAME ADDRESS Norman D. Riffel (Riffel Moving Services. Inc.J X 1~ -,~ h ~ /) f1^e.~ . Lots five and six (L's 5 & 6) in Block one (blk and Lots two. three. four and five (l's 2, 3.4 & 5) in Block two (blk 2) of the Riffel Additiol to the City of Salina, county of Saline, state { Kansas. . . . . J:21a ï'iOKM RIFFE rt1U' u~¡;';;-D{-r(J r" ... -- .:;.- ...::is=- ..= =-- - -==: -.- ";~ KANSAf GAS SERVICE A D,V\StON OF ONEOK 3/3/00 Norman Riffel 26002 South Ribbonwood Drive Sunlake~~zona 85248 t~\?lr RE: EASEMENT - PIPEL~"'E REROUTE, RIFFEL ADDITION Dear. Mr. Riffe~, Attached is an original ofthe Grant Of Right Of Way for the pipeline reroute you requested through the Rif(el Addition in Salina- This document .covers the ne\ { route we agreed u¡x¡n. Once we complete the pipeline construction we will release the Right -Of-Way Grant for the existing '.O1.lte. '," Please sign and date the attaChed document where shown, have the Corporate AcknOw leò ~ent form notorized~d return it to me for further processing. Call if you have questions. Attachment': - G11U1t 0 f RighI ot' Way . E)Chibit 'A' : ' - Corporate. AckJIowledgment Form - 1 110 "W. 2nd \ HutchinSon, Kansas6iSOl " . "fl';"', 0, , I' , ",," ,,', ' NL....,M r.lFFEL- (480) 802-b74L p. 1 PARTIAL RELEASE OF RIGHT OF WAY KNOW ALL MEN BY THESE PRESENTS, that In consideration of the sum of one dollar ($1.0Q) and other valuable consideration, receipt of which Is hereby acknowledged. ONEOK, Inc.. an Oklahoma corporation, d/b/a ,Kansas Gas Service Company. as successor to -TI'~ I<ansas powl~r and h!J¡l>t <?om panv . is th e owner ofa certain Grant Qf ..Bi!Ihl of Wav . dated October 1 r". .W£. with ..li !::\i!m!!!!.kam¡> and.Bos', Anna ~mp~hllsband and wife as Grantor and The Kansas Power and , !.i!IbL Companv as Grantee. and recorded In !he offICe of the Reaister of Deeds of Saline County, Kansas, In Book ÆL at Page 166 . does hereby release. relinquish and sunrmder an its right, title and interest In and to said Grant of Ri ht 0 Wa only with respect to the following p .oporty: Lot 2, Block _2 in the, Riffel Addition to the City of Salina, Saline County, Kansas As to the remainder of the property covered by said grant. all rights and interest shall remain in full force and effect, ..\"" 1111'/ ---:---.----." - . ~>" . Jill WITIIIESS WHERE~F. ONEOK, I"".. has causl'd this release to be executed by the of- c/" "".: 7"-'~~." duly authorl2ec!,' and lis corporate seal to be hereunto affixed thIS Z -3 ~b - day }.:.:.~..' mot<'.. .. ",', .200~. :: -~: ~;.() . ~ ' , ;:: r- ,- ok ,t 0 ::.. ~= ,;; .;.;. 0':0 :-~ -.: ,... ~ " . , "'- - ......::", "'_,l -- ~---- -;: .,.. , ~ . . ~ 6~ "-. õ:' ':.. (.7 '.~ . T~~If'" ,~' "~,.-.'...6. .."':" '~ "" .. . .- ..." ' .- '.' JC: ."'...- .."" ';::. ' .,,0- I"~"~ ,,'-' . fl1,'J )I' ..,~\l . I- QNEOK, Inc, dlbla Kansas Gas Service Company - r/lt{ ST ATE OF Kansas ) ) 55: COUNTY OF Johnson) I , ~ -By" " \ ~ L Phyllis. rley President, nsas Gas ~, ' ,~ Service Company, a Division of ONEOK. Inc. REBECCA SEEMAN ElSTER g: DEEm CJ tJ ~ SLIJ£ auïfY M- I f -. ~ook I 10.lt6 Pa¡;le I: 1175 RICf1~ It 9463 Totll Ftti: sa.. Pig" Recorded: 1 J)ate Recorded: 5I29/eø83 18= eEi:32 ÇI4 John P. DeCoursey Assistant Secretary BE IT REM~MeERED, that on t~.is '2~ @ day of ~y . 200.~, beta ra me. a Notary Public în aod for said State, came ".,;--Phv¿l is Wor ley. .'. Presldent of Kam as G~s, Service Comparw. a~ivislon of ONEOK, Inc.\ to me :'personally known to be the same person who exm:uted the foregoing instru.ment and duly acknowledged the execution of the same for and on behalf of, and as the act and deed pt, salëi corporatiort ',. ... .. ,. ..1~ WITNESS WHER~OF. _I have subscribed my name and affixed my official seal the day and year last a~C)Ve written. ... ' , My Appointment Expires .. " . .. '" :.~J:rr:~'~ r~y,.;¡':~~,;¡, .. , Notary Pub ..-....:,,:-.;. .'..7-Ptl: ~"d~~-.T.7e~?-. . .' . ..... 1/"C/.l:;};'Blud Q(12 ,," 3ð(J1"': "~~¿'t)/-97;Z5 0-- .':, ?J. No. 21~242a prs Riffe!'" ~7-PR5.1 ", ;" (48LJ 802 -67',>...J f',,-,RM RIFFEL GRANT OF RIGHT OF WAY p.3 For and in consideration- of' One Dollar ($:l..00) and other valuable consideration, th€ "ceipt of.' which is hereby a cknowl edg-eq. , the undersigned Grantor does hereby grant, convey ant arrant unto ONEOK, INC., an Oklahoma corporation d/b/a Kansas Gas Service Company, hereinafte~ referred to as Grantae. its successors. assigns and lessees, the r~ght, privilege and easement to lay, construct, maintain, alter, inspect, repair, rep1ace, protect, relocate, change t.he: siz~ 01;, operate and remove a pipe line or lines. service taps, distribution facilities, valvee, regulators, and other equipment appurtenant thereto, for the transportatioì. and distribution 01 oil or gas in, under, upon, across, over and through certain lands o~ed b r Grantor situated ir Sal~ne County, State of Kansas ~d spe,cifically described as follows: A s~rip of land (66) 'sixty feet wide loca~ed within Lots 2 and 3, Block Two and Lots 3 and 4, Block One, all located in the Riffel Addi,tion to the City of Salina, the bow~darieB of saic strip being defl.nedas (33) thirty-three feet' each side of the centerline described within the attached Exhibit "A", together with the righc of ingress to and egress from the above described land aDd contiguous land owned by Grant9;:. In exercising its right of acce~¡s GX"antee shall, wheneVt~r practicable. use existing roade or.lanes. Pipelines shall' be laid at a minimum depth of Grantor. feet below the surface CJf said land of " , Grantee shall have the right to c~e.ar and keep clear brush, trees, sh:z:'Ubbery, roots, buildings and other'- obs!=ructions which. iÍl' Grantee r s judgment, may interfere '!'lith the safe, proper and expeditious laying, const ruction ,maintenance, alteration, inspe':t.ion, repair, repl.acement, protection, relocation, opeJ:ation and r~moval of said pipe line. lines and faci~itieB, or any part thereof, within or upon the above described land. '.,. Grantor--hereby covenants and a9~;ee!¡l' that: no. building, structure. engineering works or any other °1?structJ.ons will be created.'b;uil~';. erected or constructed on, over or within the above described tract I and after pipe 1ines.' are ',-.in place" Grantor shall not changí!: the. topography of the terrai:n, over the pipe lines withoùt the prior approval ~d written,consent of the Grantee. Grantee'sball. repair any phY6i~,al damage to property of Grantor, or pay any substantial damages on'a9count of physical_, inju,ry to property of Grant,or, by the laying, construction, maintenance, " alt era t i_on , imilpectian, "i'rep,.ir, rap lacement , protect ion, re location, ape ra tieD and removal of said pipe 'line,linea,,"-~,~ facilities. Said damage, if not mutually agreed . upon, shall be ascertained and_determined by ,three disinterested persons, one to be appoi:nte:d by the Grantor, onate be. appointed by the Grantee I an~ the third to be chosen by the two so appointed. The damages determined by such persons, or a majority of them shall be: conclusive as to tl1.e - facts. - " " , . T,he Grantor, . his heir~, - success.ors, assigns and lessees I may use and en.j oy the above described ~and, provided such use does not, in the judgment of Grantee, interfere with the uses and purposes thereof herein granted to Gr~tee.. ' Tbis grant shall be binding UpOD the heirs, successprsand assigns of the undersigned. WITNESS the hand of the Grantor{s} this "':gJ:ti day of ~-c.J, -~ - - ,..~~~\\'\G SE:r /1~~1).~ ~.J ".'.- . .". <:,,;"'0 . .fa .. ~ . '::::." oð. ro. ............ "1.r..::: .. ~ 1;'" "'.'...":1 ".;;:, f\-~ ( ~£4 ~~ r i ... - v Ji..lJ. n';""¡." ¡:;! .. fob .... ~ '¡ 4,'"... ...~-;:--.., "....' .-r- ....".'"~~. .~ ' ',!'. . Cf/J f;'J\" " ~ .7as Cot? "' . , W,Q. Riffe~ Moving~¡¡erv;,l~ ' .. . ~--.. .', " .. .. By: ... ',.T' . . N~l;' P:t;esi. . 92-G-~ "' " . " 0410:2J.d NORM RIFFEL (48LJJ 802 ;748 p.2 " CORPORATE ACKNOWLEDGMENT STATE OF ) ) SS: ) couNTY OF On tlùs, ~'1:E. day of...t;1d1--e 1., ~ 2000~ before me, a Notary Public in and for said " Co~ty and State aforesaid, pers~nallY appeared Norman D. Riffel4 to me personally known, being by me duly sworn, did s~Y-Jhat the said +"Jonnan D. Riffel is the President of Riffel Movin~ ';: ...' I ',' , ,Services. Inc.. the co~oration.~at ex~uted the-t°regoing instrument, :and that the seal affixl~d to the foœgoing instrument is th~,corporates~a1 of ~aid corporation, and that said instrument was . , ':: " "",' , signed, sealed and delivered inthe Dap1e and on behalf of said corporation , and said Noonan D. , ., " . Riffelacknowledges said instrup:1ent to be the free and voluntary act and deed ofsaid corporation. . WITNES.S ~Y hand and seal the da:y and year last above Written. ':, '-~' M y'Appom tm.entExpires: 4' , Gf1I{IW.IIOTØY-stå of .nu , , ,. W1UI MIl A. CllOIS.~ JP¡. - Q Z "" CØI. &po - :?- , ~ ' , " , ' , , " ~"d'" A~ "J ~. , " -~C~'¡!~otary Public , , ',< L '.." "", 95-NOT wC ,.. .. , ,.' .. ,~ " . , r", " , J:21a NOï<M RIFFE,- -- .. Norman" Riffel I ' 26002 S~uth Ribbonwood Drive Sunlake,Arizona 85248 r8G; d,-¿-bttB ...::.=- ...:=. =- =- --=: =- ~~ KANSAf GAS SERVICE A 01 ;'lS10NOF ONEal( 3/3/00 RE: EASEMENT - PIPELINE REROUTE, RIFFEL ADDITION ," "" ' , ' , 1-'.1 tOtP'Yr "Dear."Mr~', Riffel~ , " ""","> ,,/'i , , """:",, " Attached is ~ 'original of the Grant Of Right Of Way for the pipeline reroute you requested , through the Riffe) AMi tion ÌI'1 ,8 alJ.na~ This document co yers the new ro ute, we agre ed upon. , ,,' ' " ...J", ' ..""" ..", ,,"" ' , ",' Once we comp¡gte the pipelil1eco~lruction we will release the Right-Of-Way Grant for the -, ex.istingLOute.:~,:~. ' ",," ' .~ ' c Please sign and:.pate the attac4eddocument where shown, have the Corporate AclrnowledgJ[nent fonn notorized',_~d return it 10, me'forfurther processing. ,",:<, t c': - ':, " ' '" ,", ""," , ' " ,J.. ~all if you hav~. questions., " Attac::hmcnts:- ",,':' . Gr!lnt of ltiJht otWay - Exhibit' A ' ':S:' .- - ClJrpCfta!.e Acknowl~¡mcn\ F Dm1 ',"'d",-,', - " <:_:;~$: ' """:"" ¡,r' ",:"",' ,:,'., 'I 110 'W'. 2nd L tlutchinsoo. K2nsas 67501,,' ,;" ',¡!!'-,'" ,,'~¡;b";' ,-,-",",," ':?;y.., ~j;~~':,' , 'f~:~", I :i~:~<~,;- ,,',i , " ',,; ....,' .. ::~,;~'... /""':::'. " ' " ,'.. - ;",;"': " < " , '",' . ;,". . . :4/n ,', " .. , ' " l'tORI" R I F~.EL (480J BO2-G74u p.'i EXHIBIT IIAn 1.Dt-4 un' IaJ ~ "-t 5 .n' ~ ~ œ: CI z :::i ::x: 0 U) 51 .00' ~ =.: lilt 1 pUs II 'l.1!: lot ~ 252.7&" N B9"42'5S-W 60.00 14a"S5' ,J'. '" ~ soUTH NImH STREET (OLD us Hf.GHWAY 81) NORTH ~ DESCRIPTION: ' A tract of -'and, 66 feet iFl.-width, in Lots 2 end 3, Block J'!"o and Lots :5 and 4, Block "One ill the Riffe! Addition tD the City of Salina~ Saline County, Kansas, the centerline of whJch is dçscribed as follows: Beginning 01 0 point that iSs 00'08'.39" W 95.61f.eet fnim the northeast comer of the sojd Lot 2, Block Two. sa:ld point being on ',the east line 'of the said lot 2. BJock TwQ; t~~nce ,,'- N 89"42'55'"W,aO.DO",feet; thence -J'.", 5 00'08'37" W270.85 feet parallel to the east "line "of the soid Lots 2 ono 3¡ Block One; thence N 89" 51 '21. W 343.1 5 feet paraU el to the - South line of the $oid Lot .3, Block Two; thence N 70"29"05- W 319.06 feet paralrel' to .the;,_,~Duther~, line of the. said Lot 4-, Black One; thence N 1S"O4'2r E 50.63 feet parallel La the.:weste,Dy';:Hne of the said Lot J, Block One; thence ,N 19-29'4t E 74.39 feet p,orcUel to the \ve,s'terly'iine ,",()f. the said Lot .3, Block One: thence 586'.31'14" W 35.84 feet, said point being',6n"Jhe"wes!~rly' line of the said Lot 3, alack ,One and S , g' 2~' 42- W 55,38 ,feet from the ncrthwest carner ç{;:;,the said Lot 3. Block On e. and thence termi-noting. , "', "-,c:""::', " " ,/,,(,,' '-,',"c'." .3 , :2 1 REV. DWNi{-BY:' -DBA DATE:' 2-25-00 <,'K;~,/ ; ~-- -- -- -- = = Kansas Gas SeJ~ice -- -- ':'~.;- , ,n-'" ',."""" " DESCRIPTION CHK:TS SCALE: "1-=2001 : N/ DAlE BY u; TiTLE APPD'fay, "" Lots J & "- Block 1 t lob! 2 and 3.- BIoclc 2, ,""'Y1"" . ". Riffel Addi~n , W.O.NP:;: -OOO217CS "Cît¥ M SoiI1a. Saline "" County f Kanscs . OWG,NO: SHEET NO~ .. "