14-10741 Utiltiy Easement Holiday Addition(Summary published in The Salina Journal on July 24, 2014.)
rom W4, 77 to An nct 5 7111 d 1
ORDINANCE NUMBER 14-10741
AN ORDINANCE ORDERING THE VACATION OF A FOURTEEN FOOT (14') UTILITY
EASEMENT LOCATED ON THE SOUTH SEVEN FEET (7') OF THE EAST FIFTY-THREE FEET
(53') OF LOT TWELVE (12) AND THE NORTH SEVEN FEET (7') OF LOT FIFTEEN (15), EXCEPT
a THE WEST SEVEN FEET (7') THEREOF AND EXCEPT THE EAST ONE HUNDRED THIRTY-
EIGHT FEET (138') THEREOF, IN BLOCK ONE (1) OF THE HOLIDAY ADDITION TO THE CITY
y OF SALINA, SALINE COUNTY, KANSAS.
o BE IT ORDAINED by the Governing Body of the Cit of Salina. Kansas:
U Section 1. Petition and Public Hearing. On July 14, 2014 the governing body conducted a public hearing
("Public Hearing') on the amended petition filed by George Stein. President of SCR. Inc. ("Petitioner") requesting
vacation of the following described utility easement:
A platted public utility easement located on the south seven feet (7') of the east fifty-three feet (53') of
Lot Twelve (12) and the north seven feet (7') of Lot Fifteen (15), except the west seven feet (7') thereof
and except the east one hundred thirty-eight feet (138') thereof. in Block One (1) of the Holiday Addition
to the Cit of Salina. Saline County. Kansas.
Section 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 easement because the
easement formerly contained a Westar overhead electric line which has now been relocated from the
easement area. No other public or franchise utilities are located within the easement area.
(C) No private rights will be injured or endangered by the vacation because the Petitioner owns all the
property abutting the vacated easement.
(D) Injustice to the Petitioner. vacation of this fourteen foot (141) utility easement should be granted because
the continued presence of the fourteen foot (14') public utility easement no longer serves a public purpose
due to the relocation of the overhead electric line and the continued presence of the fourteen foot (14')
1 utility easement impairs the Petitioner's ability to expand his mini -storage facility to the west.
(E) The public interest is promoted by the vacation of the public utility easement because it would allow the
Petitioner to build on what is currently a vacant, undeveloped lot.
Section 3. Order of Vacation. That the fourteen foot (14') platted utility easement located on the south seven
feet (7`) of the east fifty-three feet (53') of Lot Twelve (12) and the north seven feet (7') of Lot Fifteen (I5),
except the west seven feet (7') thereof and except the east one hundred thirty-eight feet (138') thereof, in Block
One (1) of the Holiday Addition to the City of Salina. Kansas is hereby ordered vacated.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of
Deeds. this vacation of utility easement relates to the tract of real property described as Lot Twelve (12) and Lot
Fifteen (I5). Block One (1) of the Holiday Addition to the City of Salina. Saline Count, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the following
summary:
Ordinance No. 14-10741 Summary
On July 21, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10741. The ordinance vacates a portion of
a fourteen foot (14') public utility easement located on Lot Twelve (12) and Lot Fifteen (15). Block One (1) of the
Holiday Addition which no longer contains any public utilities. A complete copy of the ordinance is available at
www.salina-ks.gov or in the office of the city clerk. 300 W. Ash Street, free of charge. This summary is certified
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by the citv attorney.
Section 6. Effective Date. That this ordinance shall be in full force and effect from and after its adoption
and publication by summary once in the official city newspaper.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
TZA lication Summarv:
A.ne on. City Attorney
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Introduced: July 14, 2014
Passed: Ju1�1f2014
Aaron 9. Householter, Mayor