Loading...
5.1 Vacate 8th / Teague Easements CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 7/17/2006 TIME 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 5 AGENDA: DEPARTMENT OF PUBLIC WORKS ITEM NO. 1 BY: Brad Johnson BY: Page 1 ITEM: Ordinance No. 06-10341 A public hearing to consider the vacation of an eighty foot (80') public utility easement located in the vacated right-of-way of Eighth Street from the north line of Otis Avenue to the south line of Euclid Avenue and an eighty foot (80') utility easement located in the vacated right-of-way of Teague Avenue from the east line of Ninth Street to the west line of Eighth Street located in Blocks 64 and 81 Military Addition to the City of Salina, Kansas. BACKGROUND: Petition number 4283 was filed on June 16, 2006 by Jack Fox, President of St. Johns Military School, property owner for the area that contains the proposed easement vacations. Please find attached a copy of the petition and map. The purpose of the requested easement vacation is to eliminate unused and unneeded easements and to facilitate the construction of a proposed new dormitory on the property. The existing easements were reserved through the vacation of sections of Teague Avenue and Eighth Street rights-of-way in 1946 (Ordinance No. 5182). Section 42-63 of the City Code which was adopted in 1991 prohibits the placement of structures within the limits of public easements. The easements are excessive in width when compared to what we would currently require and this action will allow St. Johns Military School to continue with expansion plans on their existing campus. All utilities have indicated that they have no objection to the vacation of the proposed easement vacations as submitted. FISCAL NOTE: This action will have no fiscal impact to the City of Salina. RECOMMENDED ACTION: It is recommended that the City Commission approve Ordinance No. 06-10341 on first reading vacating two eighty foot (80') public utility easements (vacated Teague Street and Eighth Street) in Blocks 64 and 81, Military Addition to the City of Salina, Kansas. CC: Jack Fox, President, St. Johns Military School Jeff Gillam, Jones-Gillam Architects DO NOT WRITE IN THIS SPACE PETITION NUMBER 4-~~:3 THE GOVERNING BODY City of SaUna. Kansas City Clerk's Office Filed '06 J.UN 16 PM12:02 We. the undersigned. being residents and property owners in the.City of Salina, Kansas. do hereby petition your honorable body for:", The vacation of an 80ft. utility easement located in the vacated riQ ht-of-way of Eig hth Street from the north line of Otis Avenue to the south line of Euclid Avenue and an 80 ft. utility easement located in the vacated right-of-way of Teaaue Avenue from the east line of Ninth Street to the west line of EiQhth Street. Respectfully submitted b . t. John's Milita School Telephone Number: NAME ADDRESS St. John's Military School Jack Fox 110 East Otis Avenue Salina, KS 67401 Section 42-63. Easements. (a) No building or structure, nor any addition thereto, shall be constructed or placed within any platted or recorded public easement, unless expressly authorized by the board of commissioners. Prior to granting such authorization, the city shall consult with public utilities whose lines may be affected. In granting such authorization, the board of commissioners may impose conditions necessary to protect any existing. A property owner may place buildings or structures not requiring a building permit and fences, trees, shrubs and other nonstructural improvements within a utility easement at his or her own risk (Le., removal, relocation, or replacement) without special authorization provided required permits have been obtained. (b) No property owner may construct maintain or allow any natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fences, walls or pole signs) within any drainage easement dedicated, purchased or otherwise granted to the public which the City Engineer finds obstructs, impedes, or otherwise interferes with the drainage of stormwater. Drainage easements shall not be filled or otherwise physically altered without the written approval of the City Engineer. (Ord. No. 91-9486, ~ 1, 12-9-91; Ord. No. 04-10219, ~ 1, 7-26-04) Sec. 42-64. Residential-design manufactured homes. On and after January 1, 1992, residential design manufactured homes, as defined in this chapter, shall be permitted in any residential district when in compliance with the following architectural and aesthetic standards: (1) The home shall have a minimum of eight hundred eighty (880) square feet of main floor living area, excluding any attached garage or porch, and the longest exterior dimension of the body shall be not more than two and one-half (2 1/2) times the shortest exterior dimension. (2) The roof shall be double-pitched and have a minimum vertical rise of three (3) inches for each twelve (12) inches of horizontal run, and shall be covered with material that is residential in appearance, including but not limited to wood, asphalt, composition or fiberglass, or metal roofing material. The roof shall have a minimum eave projection or overhang of ten (10) inches on at least two (2) sides, which may include a four (4) inch gutter. (3) The exterior siding shall be made of nonreflective material customarily used on site-built dwellings, such as wood, composition or simulated wood, clapboards, conventional vinyl or metal lap siding, brick, stucco, or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior foundation or curtain wall and the joint shall be flashed in accordance with city building codes. (4) The home shall be installed in accordance with the recommended installation procedures of the manufacturer and city building codes. The running gear, tongue, axles, and wheels shall be removed from the unit at the time of installation. A continuous, permanent masonry foundation or permanent masonry piers with masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the home. (5) The home shall have a garage and covered porch at the main entrance, if fifty (50) percent or more of existing homes on the same and/or adjacent block face have garages and/or covered porches. Where required or installed, the roofing and siding material must be of a type approved for the home itself. - 652 - . 8, 1946, at 1:05 -P.M. egister of Deeds. Volume 46 of Misc. Page 630. I Affidavit of Publication md correct copy ofum__u~_~~_~~~__ "~~_~__.~~~_~__ ."_ _ _ _ _______ _ _ _ _ _._ _ _ _ u____ ____..._~__ __.. .__hO-. :ublication of the same. [DAVIT flY ' ._____~_____._~.~.__.....--~._.~.......__..a~..... 6 .--...., and further I say not. \ J/) (PubU::;hed ill the Sa Una J-ournal Seplern bel" 6. 1946) Oltl>JN ANCE SO. 5182 .~:'-J Olll)IN ANCE pro\'i<.llng for the vacation or cert~in portions of. Eighth St]"e~t Anti Teague Street in the Cit.y or Sn.Bna. and Jll~o\"tdlng fOl" the reservation ot eaSClnents therein. n~ 11' ORDi\ l:\}:n hy the Boay-d or COlnllltssloners .or th, City. of Salina. l{an~ns: - Sec-Uon 1. That Eighth Street frolll the :llo'''t:h Jine of Oti~ ,A".enue to the ~outh line of . Euclid .A v~nue and Teag-ue Street f."onl the east l\nc of :\Inth Street to the '\'est line of Eighth Street.. be, and each of the satlle are, herehy vacated. proYldeu, ho"'e\"~r. that the. City of Salina .-e- scrycs lhe toight oC Ingress and cgt"ess COJ. I he purpose of. const.ructing and l11alntaining in said portions of /1 said stlocet~., Sf.'~.er~, .,y. ~t~r Jllalns. plcrtrh' light and telephone poles and Ii n P-~ ~ 11 d R'ns J11 ai n~. ., S('(""on 2. That I.h~ t'r~p~ctJ\"e I hHJ\'es ~)f. ~(1it) ~l"f'et8 ,sh~J1, a{Tt'ue to t I1r nd.lo.rllJ1 g 1 an d ad.t acen t 1 he.oe t fl_ Sf"crjon:l. Th;tt this ordinance . ~h~il 11". in f\lll (or.ce And ....rfer-t front ~ ~n<l . aft.&r ~doption. publicat.ton on{'e- in till' offlcinl city pnpr-l", p3ynlPnt '.of th~ ro.,t of :;ald pu-bUcalfon ~nd the (~(lE't or t'pconJill,:{ n cf'rttfiert ("'01'." 'h~J~fllnf In tllr office of the Rl"g-i~tcl" of D{'ecl~ of Sa Ii n P. COtl n f y. 1\..8n ~a~. h~! th~ o"-ne,. o'~ o\\.ners - or th~' adjacent lallrJ. "I . In troduce<l: A lIR'ust 2fi, 19-t6~. I Passed. Spplenlber 3, ] 1lt6: ' I (SEAl..) . . LLOYD \V. PRICE. :\layo"j' I Attest: Cl-L-\S. E. BA1';KER. City CI(!rk I . o~~ ~cording to law declare that . Journal n the, City of Salina, Saline a general circulation in said .d unin terruptedly published priol" to the da~e of the at- . 5182 ~_f?_ ~ _ _ ~ ~_ ~. _ _ ~ ~~_ ~ _ __ __ _ _ _ _ _ _ _ " _ _ . _ __.. " _ oft h e date of. .. _ . _ u . ~ . ~ . ~ _ _ u . _ _ . .. . ~ ~ ,'---.~--~.." ~ b e f"o rem e _ .. .. . _ _ _ . _ . _ _ . _ . . . . . _ ~ . - . . . _ _ .. . ,4 ,I Iii; "' "''' .1 ~. I '. ,:,1 ! .: ~.' 'I'.t...... 'l. . '41 , :-- V .,lj