14-10726 Vacation utility easement replat of Schippel Addition(Summary published in The Salina Journal on January � I , 2014.)
ORDINANCE NUMBER 14-10726
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TEN (10) FOOT UTILITY
EASEMENT LOCATED ON LOT EIGHT (8), BLOCK FOUR (4) IN THE REPLAT OF SCHIPPEL
ADDITION BLOCKS FOUR(4) AND FIVE (5) AND PART OF THREE (3) AND THE WEST TEN (10)
FEET OF A THIRTY-TWO (32) FOOT UTILITY EASEMENT LOCATED ON LOT FIVE (5), BLOCK
ONE (1) OF THE KING ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina. Kansas:
n 1. Petition and Public Hearing. On January 6. 2014 the governing, body conducted a public hearing
is Hearing") on the petition filed by Karen Young on behalf of TC Vets. LLC ("Petitioner") requesting
in of the following described utility easements:
A part of an existing utility easement located in Lot Eight (8), Block Four (4), Replat of Schippel
Addition Blocks 4. 5 & Part of 3, of the City of Salina, Saline County, Kansas and more particularly
described as: The west nine (9) feet of the ten (10) foot utility easement that abuts the east line of said Lot
8, except the south one hundred thirteen and twenty-seven hundredths (113.27) feet thereof, and the ten
(10) foot utility easement that abuts the north line of said Lot 8, except the east one (1) foot thereof, and
the West Ten (10) feet of the existing Thirty-two (32) foot sanitary sewer easement that is located in Lot
5. Block 1. King Addition to the Cin, of Salina. Saline County. Kansas.
tion 2. Findings and Conclusions. The governing body determines from the evidence presented:
(A) Due and legal notice has been given by publication as required by law.
(B) The public will suffer no loss or inconvenience by the vacation of the utility easements because no
public or franchise utilities are located in the portions of utility easement which are being requested to be
vacated.
(C) No private rights will be injured or endangered by the vacation because the subject property and
adjacent property will still be served by public and franchise utilities.
(D) That injustice to the Petitioner vacation of the east -west utility easement and a portion of the north -south
Utility easement should be granted because the continued presence of these utility easements no longer
serves a public purpose because there are no franchise or public utility lines located within these easement
areas and the utility presence ofthe easements prevents the potential expansion of a small animal hospital.
(E) The public interest is promoted by the vacation of these public utility easements because it would allow the
Petitioner to expand her small animal hospital on to Lot 5. Block 1 of the King Addition.
Section 3. Order of Vacation. A part of an existing utility easement located in Lot Eight (8), Block Four (4),
Replat of Schippel Addition Blocks 4. 5 & Part of 3, of the City of Salina. Saline County, Kansas and more
particularly described as: The west nine (9) feet of the ten (10) foot utility easement that abuts the east line of said
Lot 8, except the south one hundred thirteen and twenty-seven hundredths (113.27) feet thereof, and the ten (10)
foot utility, easement that abuts the north line of said Lot 8, except the east one (1) foot thereof, and the West Ten
(10) feet of the existing Thirty-two (32) foot sanitary sewer easement that is located in Lot 5, Block 1; King
Addition to the Cit• of Salina. Saline County. Kansas.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of
Deeds. this vacation ofutility easements relates to the tract of real property described as Lot Eight (8), Block Four (4)
in the Replat of the Schippel Addition Blocks Four (4). Five (5) and Part of Three (3) and Lot Five (5), Block One (1)
of the King Addition to the City of Salina, Saline County. Kansas.
Section 5. Effective Date. That this ordinance shall be in full force and effect from and after its adoption
and summary publication once in the official city newspaper.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the following
summary:
Ordinance No. 14-10726 Summary
On January 27, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10726. The ordinance vacates a ten
foot (10') public utility easement located on Lot Eight (8), Block Four (4) in the Replat of Schippel Addition
Blocks Four (4), Five (5), and Part of Three (3) and the West Ten feet (10') of a Thim-two foot (32') public
utility easement located on Lot Five (5), Block One (1) of the King Addition which do not contain any public or
franchise utilities. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the cin,
clerk. 300 \V. Ash Street, free of charge. This summary is certified by the cit- attorney.
REBECCA SEEMAN
%'.`•-- REGISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1277 Page: 1095-1096
•�°` '"`•'
Receipt '- 92932 Recording Fee: Other
Pages Recorded: 2 CNpJ++
Date Recorded: 1/31/2019 10:55:16 AM
Introduced: Januar• 6, 2014
Passed: January 27. 2014
'0�
[SEAL]
ATTEST:
Shands \Vicks, Cb1C, Interim City Clerk
rn: KI
(gym zo[o
Book: 1277 Page: 1096
Barbara V. Wrley. Mayor
hereby certify that the above and foreuoing is a true
and correct copy of Ordinance No. 14-10766 that was
adopted by the Governing Bode of the Cite of Salina
at their regular meeting on January 27, 2014.
V�j \ (� v OF
W
ps i
hlik Orr-Dluths. 6i 1870 _
Administratke Assistant III �Ir`.✓ea
i4