15-10786 Lakewood School Addition Vacation-- REBECCA SEEMAN
•` "� ° `'� EGISTER OF DEEDS SALINE COUNTY KANSAS
oF. Book: 1299 Page: 698-703
' E E v 4 . RBC81Pt 103708 Recording Fee: Other
l,al k Y 6 �.{ Pages Recorded: 6 ��'-�'
Date Recorded: 7/15/2015 2:32:21 PM
Grantor
Grantee
Type of Document Certified Copy Of Ordinance
Recording Fees $0.00
Mtg Reg Tax $0.00
Total Amount
I M
Return Address ROOM 206 SHANDI
(Summary published in The Salina Journal on July tj , 2015.)
(Pnhlkhed on the. Gifu of galina'g wehsite from July 1N ),v JZ 2015.)
ORDINANCE NUMBER 15-10786
i
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY
N FOOT (20') UTILITY EASEMENT LOCATED IN LOT ONE (1), BLOCK ONE (1) OF
LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
W KANSAS.
R
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
a
Section 1. Petition and Public Hearing. On July 13, 2015 the governing body conducted a
public hearing ("Public Hearing") on the petition filed by J Vosseller on behalf of the USD No. 305
Board of Education ("Petitioner") requesting vacation of the following described portion of a utility
easement:
A tract of land in Lot One (1), Block One (1), Lakewood School Addition to the City of
Salina, Saline County, Kansas, described as follows:
Commencing at the Northeast corner of said Lot One (1); thence S 00° 13' 37" W on the
East line of Said Lot One (1), a distance of seven hundred thirty nine point zero seven feet
(739.07'); thence N 89° 46' 24" W a distance of thirty feet (30.00'); thence S 45° 13' 36" W
a distance of five hundred four point fourteen feet (504.14') to the point of the beginning;
thence continuing S 45° 13' 36" W a distance of twenty feet (20.00'); thence N. 44° 46' 24"
W a distance of one hundred sixty feet (160.00'); thence N 45° 13' 36" E a distance of
twenty feet (20.00'); thence S 44° 46' 24" E, a distance of one hundred sixty feet (160') to
the Point of Beginning.
The requested utility easement vacation will allow construction of a safe room addition on the
southwest side of Lakewood Middle School.
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
location because the easement contains a public water main and fire hydrant and the water main
and fire hydrant are being relocated. No other public or franchise utilities are located in the
twenty foot (20') easement.
(C) No private rights will be injured or endangered because the relocated water main and fire
hydrant will provide adequate protection to the school building.
(D) That injustice to the Petitioner vacation of the utility easement should be granted because
the continued presence of a public utility easement no longer serves a public purpose due to the
relocation of the water main and fire hydrant.
Book: 1299 Page: 699
Book: 1299 Page: 700
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct a safe room addition to provide a shelter space for
middle school students and teachers.
Section 3. Order of Vacation. The above described portion of a twenty foot (20') utility
easement located on Lot One (1), Block One (1) of Lakewood School Addition to the City of Salina,
Kansas is 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 One (1), Block One (1) of Lakewood School Addition to the City of Salina, Saline
County, Kansas.
Section 4. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 15-10786 Summary
On July 13, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10786. The ordinance vacates a
portion of a twenty foot (20') public utility easement on Lot 1, Block 1 of the Lakewood School
Addition (Lakewood Middle School) 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 by the city attorney.
Section 5. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: July 13, 2015
Passed: July 13, 2015
jo. laneard, Mayor
[SEAL]
ATTEST:
I hereby certify that the above and foregoing is a true
Sha di Wicks, CMC, City Clerk and correct copy of Ordinance No. 15-10786 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on July 13, 2015.
C
Shandi Wicks, 6; 1870
Cir<, Clerk
Book: 1299 Page: 701
fication of Publication Summary:
A. Beylftbn, City Attorney
I
Ooke 1299 Pageo 702
EXHIBIT 'A'
EASEMENT VACATION DESCRIPTION:
A PORTION OF LOT 1 BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE S 00'13'37" W ON THE EAST LINE OF
SAID LOT 1, A DISTANCE OF 739.07 FEET; THENCE N 89'46'24" W A DISTANCE OF 30.00 FEET; THENCE
S 45'13'36" W A DISTANCE OF 504.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
S 45'13'36" W A DISTANCE OF 20.00 FEET; THENCE N 44'46'24" W A DISTANCE OF 160.00 FEET;
THENCE N 45'13'36" E A DISTANCE OF 20.00 FEET; THENCE S 44'46'24" E A DISTANCE OF 160.00 FEET
TO THE POINT OF BEGINNING.
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS SURVEY WAS AN ASSUMED BEARING OF S 00'13'37" W ALONG THE
EAST LINE OF LOT 1, BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS.
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WILLIAM C. DELKER
KANSAS RLS NO. 1201
delker@kveng.com
742 DUVALL AVENUE
SALINA, KANSAS 67401
PH. (785) 823-3400 FAX (785) 823-3411
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LAKEWOOD SCHOOL ADDITION
Boeko 1299 Page: 703
EXHIBIT 'B'
S 89'24'11" W 369.97'
POINT OF COMMENCEMENT
NE COR, LOT 1, BLK 1
LAKEWOOD SCHOOL ADDITION
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(Summary published in The Salina Journal on July [1 , 2015.)
(Puhlished nn the City of Salina's wehsite from July J4 ko ZS 2015.)
ORDINANCE NUMBER 15-10786
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY
FOOT (20') UTILITY EASEMENT LOCATED IN LOT ONE (1), BLOCK ONE (1) OF
LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On July 13, 2015 the governing body conducted a
public hearing ("Public Hearing") on the petition filed by J Vosseller on behalf of the USD No. 305
Board of Education ("Petitioner") requesting vacation of the following described portion of a utility
easement:
A tract of land in Lot One (1), Block One (1), Lakewood School Addition to the City of
Salina, Saline County, Kansas, described as follows:
Commencing at the Northeast corner of said Lot One (1); thence S 00° 13' 37" W on the
East line of Said Lot One (1), a distance of seven hundred thirty nine point zero seven feet
(739.07'); thence N 89° 46' 24" W a distance of thirty feet (30.00'); thence S 45° 13' 36" W
a distance of five hundred four point fourteen feet (504.14') to the point of the beginning;
thence continuing S 45° 13' 36" W a distance of twenty feet (20.00'); thence N. 44° 46' 24"
W a distance of one hundred sixty feet (160.00'); thence N 45° 13' 36" E a distance of
twenty feet (20.00'); thence S 44° 46' 24" E, a distance of one hundred sixty feet (160') to
the Point of Beginning.
The requested utility easement vacation will allow construction of a safe room addition on the
southwest side of Lakewood Middle School.
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
location because the easement contains a public water main and fire hydrant and the water main
and fire hydrant are being relocated. No other public or franchise utilities are located in the
twenty foot (20') easement.
(C) No private rights will be injured or endangered because the relocated water main and fire
hydrant will provide adequate protection to the school building.
(D) That injustice to the Petitioner vacation of the utility easement should be granted because
the continued presence of a public utility easement no longer serves a public purpose due to the
relocation of the water main and fire hydrant.
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(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct a safe room addition to provide a shelter space for
middle school students and teachers.
Section 3. Order of Vacation. The above described portion of a twenty foot (20') utility
easement located on Lot One (1), Block One (1) of Lakewood School Addition to the City of Salina,
Kansas is 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 One (1), Block One (1) of Lakewood School Addition to the City of Salina, Saline
County, Kansas.
Section 4. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 15-10786 Summary
On July 13, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10786. The ordinance vacates a
portion of a twenty foot (20') public utility easement on Lot 1, Block 1 of the Lakewood School
Addition (Lakewood Middle School) 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 by the city attorney.
Section 5. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
3WL& a%w
Sha di Wicks, CMC, City Clerk
Introduced: July 13, 2015
Passed: July 13, 2015
jolancard, Mayor
ertification of Publication Summary:
A. Be" n, City Attorney
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EXHIBIT 'A'
EASEMENT VACATION DESCRIPTION:
A PORTION OF LOT 1 BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE S 00'13'37" W ON THE EAST LINE OF
SAID LOT 1, A DISTANCE OF 739.07 FEET; THENCE N 89'46'24" W A DISTANCE OF 30.00 FEET; THENCE
S 45'13'36" W A DISTANCE OF 504.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
S 45'13'36" W A DISTANCE OF 20.00 FEET; THENCE N 44'46'24" W A DISTANCE OF 160.00 FEET;
THENCE N 45'13'36" E A DISTANCE OF 20.00 FEET; THENCE S 44'46'24" E A DISTANCE OF 160.00 FEET
TO THE POINT OF BEGINNING.
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS SURVEY WAS AN ASSUMED BEARING OF S 00'13'37" W ALONG THE
EAST LINE OF LOT 1, BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS.
742 DUVALL AVENUE
SALINA, KANSAS 67401
PH. (785) 823-3400 FAX (785) 823-3411
so®kveng.com www.kveng.com
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LAKEWOOD SCHOOL ADDITION
EXHIBIT 'B'
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POINT OF COMMENCEMENT
NE COR, LOT 1, BLK 1
LAKEWOOD SCHOOL ADDITION
N 89'46'24" W
30.00'
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PH. (785) 823-3400 1 FAX (785) 823-3411
soQ<veng.com I www.kveng.com
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