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
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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
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oft h e date of. .. _ . _ u . ~ . ~ . ~ _ _ u . _ _ . .. .
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