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5.1 Vac Highland Meadows HamletCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 12/1/97 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: I APPROVED FOR NO. 5 AGENDA: ITEM --ngineering & General Servio:s BY: Shawn 0' Lear BY: .... ITEM Report on Petition No. 4154 requesting the vacation of a public utility easement in the Highland Meadows Hamlet Addition. BACKGROUND The attached Petition No. 4154, submitted by Mr. Frank C. Norton, R. Steven Preston and Martha J. Preston on November 14, 1997, request the vacation of an existing 10-foot wide public utility easement in the Highland Meadows Hamlet Addition. This is a new subdivision located south of Magnolia Road and west of Markley Road. The purpose of the request is to allow the applicant to gain full private use of the lots. The attached plat map indicates the location of the easement in question. The franchise utility companies were contacted regarding this request for vacation of utility easement. There are no existing public utilities in the easement. If access to this particular area is needed in the future, the burden is on the developer, Mr. Norton, and the property owners to dedicate new utility easements for that purpose.. RECOMMENDATION It is recommended that the City Commission approve the ordinance authorizing the vacation of the public utility easement located on the southwesterly line of Lots 1, 2 and 3, Block 4, Highland Meadows Hamlet to the City of Salina, Kansas. Ordinance Number 97-9842 MAGNOUA HIGHLAND ROAD £osement To Be V~coted NORTON. WAS SERMAN. JONE S- KELLY FRANK C. NORTON KENNETH W. WASSERMAN ROBERT S. JONES NORMAN R. KELLY ROBERT A. MARTIN Attorneys at Law November 12, 1997 MAILING ADDRESS: P.O. Box 2388 Salina, KS 67402-2388 LAW OFFICES AT: 215 S Santa Fe Salina, KS 67401 Telephone 913-82%3646 Telecopier 913-827-0538 E-Mail: nwjk@midusa.net Mr. Shawn O'Leary, Director Dept. of Engineering & Utilities P.O. Box 736 Salina, KS 67402-0736 RE: Vacation of a portion of the utility easement along the Southeasterly line of Lots One (1), Two (2), and Three (3), Block Four (4), Highland Meadows Hamlet, an addition to the City of Salina, Saline County, Kansas Dear Shawn: I am enclosing herewith the original of a Petition to vacate a portion of the easement as described. If I may provide any further information or explanation, please advise. Thank you for your assistance, I am ~urs, Frank C. Norton FCN/jeo Enclosure 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 to: FILED CITY OF ¢i'1'¥ CLERK'S OFFIOE Vacate the Northwesterly Ten Feet (10') of a utility easement along the Southeasterly line of Lots One (1), Two (2) and Three (3), Block Four Highland Meadows Hamletr an addition to the City of Salinar Saline County Kansas~ as shown on the attached drawing. U~. ~EV~. P-kE~STON Telephone Number: 913-827-3646 H. M ~ALINA, LLC NAME ADDRESS R. Steven & Martha J. Preston (owners of Lot 1) 910 Manchester Rd. H.M.H. of Salina~ LLC (owner of Lots 2 & 3) 2524 E. Magnolia Rd. C=\~H\P~ESTON.PET JEO - 0~-19-97 Scale 1" = 100' 179.98' 3 ! \