5.2 Vac Twin Oaks II Sub CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
12/8/97 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO, 5 AGENDA:
Engineering and General Sem'ices
ITEM
NO. 2
BY: Shawn O' Leary~ BY:.
ITEM
Report on Petition No. 4155 requesting the vacation of a portion of the public right-of-way in the
, Twin Oaks II subdivision.
BACKGROUND
The attached Petition No. 4155, submitted by Mr. Robert Haworth on November 18, 1997, requests
the vacation of a portion of the public street right-of-way for Oak Lane in the Twin Oaks II
Subdivision. This subdivision is located west of Ohio Street and directly south of Jerry Ivy Park.
The purpose of the request is to allow the applicant to gain full private use of the adjacent residential
lots including a set-back variance for a new home. The attached plat map indicates the location of
the right-of-way in question.
This portion of the right-of-way for Oak Lane was first platted in May, 1980. The portion of Oak
Lane east of Tara Lane was vacated by the City Commission at the request of the owner in June,
1989. A number of other changes have also occurred in the subdivision in terms of replatting,
planned development districts, etc.. The development of public improvements (streets, drainage,
water and sanitary sewer) for Oak Lane and Tara Lane was completed in 1996 by city contract with
special assessment financing. Several of the lots are now developed with single family homes,
however Lots 3 and 4, Block 7 are still vacant. A building permit is pending on Lot 4 for a single
family home. The vacated right-of-way, if approved, will be used for landscaping and other private,
non-building-related improvements.
The franchise utility companies were contacted regarding this request for vacation of public right-of-
way. It was determined that there is a 6-inch public water line and underground telephone cable
located in this right-of-way. In these circumstances, the applicant has the option of relocating the
utilities at his expense or allowing the retention of a public utility easement over the entire vacated
right-of-way. In this case, it is the applicant's choice to retain the easement.
RECOMMENDATION
It is recommended that the City Commission approve Ordinance No. 97-9846 authorizing the
vacation of a portion of the public right-of-way in Block 7, Twin Oaks II Subdivision to the City of
Salina, Kansas with the condition that a utility easement be retained over the entire vacated right-of-
way area.
7.97' ~2~-'-
TWI
TWIN ~ OAKS ~ DRIVE
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BURR ~ ' OAK - LANE
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Proposed
Vacation
I0
TO= THE GOVERNING BODY
City of Saline, Ken,es
the undersigned, being residents end property mmers tn the
DO NOT ~RITE IH THIS SPACE
PETITION NUMBER .,,
FILED
'97N01./18 P~ 3 38
OITY OF ,..:,;.L;,';.:'., ~(S
" CITY OLER;('S OFFIOE
City of Saline, Kansas, to hereby petition yOur honorable body for: : ............... , .... ,,,.,..,,.,.., .........
Rich_t-of,way ¥~ga~on of Dart of Oak Lane as shown on attached sheet.
Respectfully submitted by: ~.CC Hawor~h Const. ruction Co, Inc
Telephone Number: 823-7168
ADDRESS
?
Lee Haworth Constructio. n~o ,Inc //
~b'~rt~ Lee_~awor~, Pres~M~t
J._'
Pam George
348 E Avenue A, Salina, KS
Lot 1 Block 5 2621 Tara Lane, Salina, KS
Lot 1 Block 5 2621 Tara Lane, Salina, KS
RIGHT-OF-WAY VACATION
BARRY J. HUMMEL
404 W. WALNUT
SALINA, KANSAS 67401
(785) 825-0698
N
DESCRIPTION: See Attached Sheet
LOT 7
~,oc~ ~
~/I
R/W PREVIOUSLY ~
OAK LANE
~ ~Eo'oo"w
~OB~
I
LOT $ I LOT 4
BLOCK 7' I BLOCK
I
LOT I
BLOCK 5
SCALE: 1"= 30'
OAK LANE
(VACATE D)
I, hereby certify that this is a
true and accurate plat of the
above described property.
SURV~tE /
DATE
RIGHT- OF-WAY VACATION
BARRY J. }R~MEL
404 W. WALNUT
SALINA, KANSAS 67401
(785) 825-0698
DESCRIPTION: See Attached Sheet
SW Corner
Lot I, Block 5
S 71°32'59"E
/ IS.a~'
SCALE: 1"= 20'
OAK LANE
J
~N~Corner
Lot 4) Block 7
N 90°00'00" W
75.12'
,0
Right-of-way to be vacated
to Lot 1, Block 5, Twin Oaks II
Right-of-way to be vacated
to Lot 4, Block 7, Twin Oaks II
NE Corner
13,~~f Lot 4, Block 7
I, hereby certify that this is a
true and accurate plat of the
above described property.
SURV
DATE
RIGHT-OF-WAY TO BE VACATED
DESCRIPTION: A portion of Oak Lane and Tara Lane in Twin Oaks II Subdivision in the City
of Salina, Saline County, Kansas, more particularly described as follows:
Beginning at a point on the south line of Oak Lane said point being ten (10) feet east of the
northwest comer of Lot Four (4), Block Seven (7);
Thence N 48° 31' 28" E a distance of 90.59 feet to a point on the easterly line of Tara Lane and
the southwest comer of Lot One (1), Block Five (5);
Thence S 06° 53' 06" E along the easterly line of Tara Lane a distance of 60.43 feet to a point on
the south line of Oak Lane and 13.34 feet west of the northeast comer of Lot Four (4),
Block Seven (7);
Thence N 90° 00' 00" W along the south line of Oak Lane a distance of 75.12 feet back to the
Point of Beginning.
The above described right-of-way to be vacated contains 2253 square feet, more or less.
VACATED RIGHT-OF-WAY TO LOT 4, BLOCK 7, TWIN OAKS H SUBDIVISION
DESCRIPTION: A portion of Oak Lane and Tara Lane in Twin Oaks II Subdivision in the City
of Salina, Saline County, Kansas, more particularly described as follows:
Beginning at a point on the south line of Oak Lane said point being ten (10) feet east of the
northwest comer of Lot Four (4), Block Seven (7);
Thence N 48° 31' 28" E a distance of 69.87 feet;
Thence S 71° 32' 59" E a distance of 18.88 feet to a point on the easterly line of Tara Lane and
19.84 feet south of the southwest comer of Lot One (1), Block Five (5);
Thence S 06° 53' 06" E along the easterly line of Tara Lane a distance of 40.59 feet to a point on
the south line of Oak Lane and 13.34 feet west of the northeast comer of Lot Four(4),
Block Seven (7);
Thence N 90° 00' 00" W along the south line of Oak Lane a distance of 75.12 feet back to the
Point of Beginning.
The above described right-of-way to be vacated to Lot 4, Block 7, contains 2084 square feet,
more or less.
VACATED RIGHT-OF-WAY TO LOT 1, BLOCK 5, TWIN OAKS H SUBDIVISION
DESCRIPTION: A portion of Oak Lane and Tara Lane in Twin Oaks II Subdivision in the City
of Salina, Saline County, Kansas, more particularly described as follows:
Beginning at a point on the easterly line of Tara Lane said point being the southwest comer of
Lot One (1), Block Five (5);
Thence S 06° 53' 06" E along the easterly line of Tara Lane a distance of 19.84 feet;
Thence N 71° 32' 59" W a distance of 18.88 feet;
Thence N 48° 31' 28" E a distance of 20.72 feet back to the Point of Beginning.
The above described right-of-way to be vacated to Lot 1, Block 5, contains 169 square feet,
more or less.