alloc expense sewer n. park add 11/18/1986,it�'9fgS ti: e �
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GREG A. BENGTSON, CITY ATTORNEY
129 S. 8TH P.O. BOX 380
SALINA. KANSAS 67002.0380
AREA CODE 913 823.6325
November 18, 1986
Don Hoff
Assistant City Engineer
City -County Building
300 West Ash
Salina, Kansas 67401
Re: Allocation of Expense for
Installation of Sanitary
Sewer in North Park Addition
Dear Don:
I have reviewed Ordinance No. 5121 and Ordinance No.
5150 regarding the easement retained by the City in Block
One of North Park Addition. I have also discussed the
matter with Larry.
It is our view that removal of the prohibition against
construction of any buildings over the easement does not
alter the general rule the one builds over an easement at
one's own peril. It is our thought that the owner of the
building over the easement should incur the additional cost
of the utility installation caused by the presence of the
structure.
You are the engineer, but Larry raised the question of
whether the cost of installation could be reduced by
requesting an easement from the building owner allowing the
City to trench around the structure rather than boring
underneath it.
Please let me know if we can be of further assistance.
Sincerely,
CIT F SALINA, KANSAS
eg A. Bengtson
y torney
GAB/dg
MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES
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Remarks
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17,
4oas Fonx 3335 U
r Lindsay
LINDSAY water Conditioning
LARRY ROCKHOLD
P. O. BOX 2941 TELEPHONE
SALINA, KANSAS 67402-2941 913-825-8432
. \ OR^n 41 t.0. St 50
i
(First nublished_in the Salina Jenr^al IT _ lV^b)
A.s 0"Dl:'A: �' orovidl:, for the y-catio: of a ^.erta_n portion o£n. alis;,
t._
in Block Cone (1) north Park4ticn, cbias rune north and ccutil be—.-m=
� Srr'iStreet P rn 3-.- ee. .:0 s ' Br •s3 .n. aid 2ro-
rd ? or one e:l of Or i a. cr o 1 1.
A—
77
0;, suns _vara 01:he City 0f ail tea, aansas:'
Sea on 1. That tne -'_... __. ;15) £cot s'n e:, e:hcoa nt s nor-h a::3 south between
Street and
and :vas north to C +_ ... .._ . .... ,. 's:., 27,
29, 31, 33, 35, 37, 60, 41, 43 ond 41; an,! -ocs 0? =1 a^_;aoe ao Lot. 703. 1.9,
20, 22. 24, 26, 28, a0, 32, 34, 36, o8 and 40, all in Block One (1) north Park
Addition to the City of Salina, be and the sane is hereby aiacated as and for a
public alley and that said -ortion of said alley so vacated shall revert to and
become part of the lots which lie adjacent to and 'abut unon said portion of said
alley so vacated as above described, in equal portions an; provided by law, subject,
however, to the following reservation and condition, to-wit:
The City of Selina shall and does hereby reserve a right of way
and oasenent on, over and snider said portion of said alley so
vacated for the construction and maintenance thereon and therein
of sewer and water mine and for the construction and mintenance
of telephone and electric wires, poles, conduits and gas amine,
which are now or ray hereafter be constructed therein by or under
the direction of the City or with its consent,
� I
Section L. The cost of publishing this ordinance and recording a certified
copy thereof as in hereinafter provided for, shall be paid by the owners of the
land adjacent to and abutting ¢pea said portion of said alley therein vacated.
i
Section S. That Ordinance No. S1L1 be and it is hereby repealed.
Section 4, this Ordinance shall take offset and be in force after its publiea.
tion in the official city paper and after a certified copy thereof and proof of
i
publication is recorded in the Office of the Register of Deeds ofSalineCounty,
Kansas.
Introduced, April 80 1946
Passed, April 15, 1945
J. R. Moore, Jr.
Mayor
Attest: Chas. E. Ranker
c er
STYE OF EADSAS )
SS
I
OODiin OF Sam )
I, Chas. E. Banker, City Clerk of the City of Salina, do hereby certify that
the above and Foregoing in a true and correct copy of Ordinance No. 6150 passed
and approved by the Board of G=nissioners of the City of Salina April 15, 19461
and a record of the vote on its -final adoption is found on page Journal 15.
i
I
1W Clerk
r
ORDMUCE 5121 �
(.First published in -the. Salina Journal_. . //.o-�e..,,.w�t// i9 -e)
ai? ORDZIX7CE providing for the vacation of a certain oortica of an alley $ licca 1,
17pr+h park A?d?tion, •..3ch r..rs Tor#`.: 3 -.. `-cr^.a :'!i -:'d -o ..-_cct
and -arnoy Street, no_-th of Brcod-:a7 --otaovn^d.
BE IT 03DA11TED by the 9oar2 of Cannis3ioner3 of w:a City of
Seoaon 1. That the fifteen foot (151) allay -andeh rrns n..a: and aouth be'cresn
Stree- and 'ai"ley S�^eat a ,• ich 1- .- -
.. --_ .o_- _ _ ._d and
stats north ;o i'n, Creek and n !:ua - andnd„. :�'.; •_, "', 29, 31,
33, 35, 37, 39, 41, 43 and 45; and Trost of and adjac. . Jos. 13, 20, 22, 24,
26, 28, 30, 32, 34, 36, 38 and 400 all in Block 1 J(orth Park addition to -,ho City of
Salina, be and the some is hereby vacated as end for a public alley and that said
portion of said alley so vacated shall revert to and become cart of the lots .,hien
lie adjacent to and about upon said portion of said alley so vacated as above des-
cribed, in equal portions as provided by law subject, however, to the following
reservation and condition, to -wits
The City of Salina shall and does hereby reserve a right of •.•ray and easeneut
oar over and under said portion of said alley so vacated for the construction and
I '
msinteneaos thereon and therein of sewer, water and gas= lights and for telephone
and electric wires poles, conduit, which are now or may hereafter be constructed
i
therein by or under the direction of the city or with its consent, and..provided
further that no buildings or structures shall at any time be emoted or constructed
an or moved onto said vacated portion of said alley.
{ Section 2. The cost of publishing this ordinance and recording a certified copy
thereof as in hereinafter provided for, shall be paid by the owners of the land ad-
jacent to and abutting upon said portion of said alley therein vnoated.
Section 3. This ordinance ALall take effect and be in force after its publication
in the official city paper and after a certified copy thereof and proof of publication
Is recorded in the office of the Register of Deeds of Saline County, Kansas.
i
i
Introduced, October 29. 1945
Passed, October 29, 1946
J. R. Room, Jr.
r
Atteett Chas. E. Banker
- �ty ell rE—
STATE OF KAi1SAS )
) SS
COUNTY OF SALIN}) )
I, Chas. E. Banker, City Clerk of the City of Salina. Kansas* do hereby oertiiy
that the above and foregoing is a true and correct copy of Ordinance No. 5121 passed
and approved by the Board of Counias'oners of the City of Salina October 29, 19451
and a record of the vote on its final adoption is found an page 11 J'ucaal Ro. lb.
Cler