15-10800 Vacation Easement Triplett II Addition(Summary published in The Salina Journal on September)-'), 2015.)
(Puhliched on the City of Salinn's wehsite from Sentemherncf, io OW1.0 . 2015.1
ORDINANCE NUMBER 15-10800
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY
FOOT (20') UTILITY EASEMENT LOCATED IN LOTS TWO (2) AND FIVE (5), BLOCK
ONE (1) OF TRIPLETT 11 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 September 14, 2015 the governing body
conducted a public hearing ("Public Hearing") on the petition filed by Mark Augustine on behalf of
the Rebecca Augustine Trusts ("Petitioner") requesting vacation of the following described portion of
a utility easement:
A portion of Lots Two (2) and Five (5). Triplett 11 Addition to the City of Salina, Saline
County, Kansas, described as follows:
Commencing at the Southwest comer of said Triplett 1I Addition: Thence N 89° 22' 36" E
on the South line of Said Triplett II Addition, a distance of four hundred five point thirty
seven feet (405.31') to the point of the beginning: thence N 00°3T24" W a distance of
twenty feet (20.00'): thence N 89°22'36" E a distance of two hundred sixty two point fifteen
feet (262.15') to the west line of Lakewood School Addition: thence S 00°l4'30" W on said
west line, a distance of twenty feet (20.00') to said south line: thence S. 89°22'36" %1' on
said south line, a distance of two hundred sixty one point eight four feet (261.84') to the
Point of Beginning.
The requested utility easement vacation will allow construction of additional buildings at
Citywide Self -Storage.
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 no public or franchise utilities are located in the twenty foot (20') easement.
(C) No private rights will be injured or endangered because vacation of the easement will not
affect any other properties or property owners.
(D) That injustice to the Petitioner vacation of the utility easement should be granted because
the continued presence of a public utility easement in this locations no longer serves a public
purpose.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct additional secure storage facilities on the property.
A I Section 3. Order of Vacation. The above described portion of a twenty foot (20`) utility
easement located on Lots Two (2) and Five (5), Block One (1) of Triplett II 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
w County Register of Deeds, this vacation of utility easement relates to the tract of real property
described as Lots Two (2) and Five (5), Block One (1) of Triplett II Addition to the City of Salina.
8 Saline County. Kansas.
4. Summary of ordinance for publication. This ordinance shall be published by the
2 summary:
Ordinance No. 15-10800 Summary
n September 21, 2015, the City of Salina. Kansas, passed Ordinance No. 15-10800. The ordinance
icates a twenty foot (20') public utility easement on Lots Two (2) and Five (5), Block 1 of the Triplett
Addition which no longer contains any public utilities. A complete copy of the ordinance is available
N«tiNv.salina-ks.aov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary
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: September 14, 2015
Passed: September 21, 2015
Blanchard. Mayor
[SEAL]
ATTEST:
oyl.A .1. [l)l4.Cd'
Shandi Wicks, CMC, City Clerk
of Publication Summary:
— ; - REBECCA SEEMAN
K: ``-O;REGISTER OF DEEDS SALINE COUNTY KANSAS
1302 Page: 1852-1859
+,`'°"",�•� Receipi °- i05163 Recording Fee: Other
Pages Recorded: 3 4}
_..., s G R.t�t�•
Dat a Recorded: 9/25/2015 9:52:03 AM
Grantor
Grantee
Type of Document Certified Copy Of Ordinance
Recordinq Fees
Mtg Reg Tax $0.00
Total Amount
Return Address CITY OF SALINA
ROOM 206
(Summary published in The Salina Journal on September Zr), 2015.)
(Published on the Citv of Salina',; website from Sentemherna, io dr1D . 2015.)
ORDINANCE NUMBER 15-10800
AN ORDIN'AN'CE ORDERING THE VACATION OF A PORTION OF A TWENTY
FOOT (20') UTILITY EASEMENT LOCATED IN LOTS TWO (2) AND FIVE (5), BLOCK
- ONE (1) OF TRIPLETT lI ADDITION TO THE CITY OF SALIN'A, SALINE COUNTY,
w KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section I. Petition and Public Hearing. On September 14, 2015 the governing body
conducted a public hearing ("Public Hearing") on the petition filed by Mark Augustine on behalf of
the Rebecca Augustine Trusts ("Petitioner") requesting vacation of the following described portion of
a utility easement:
A portion of Lots Two (2) and Five (5), Triplett II Addition to the City of Salina, Saline
County, Kansas, described as follows:
Commencing at the Southwest comer of said Triplett II Addition; Thence N 890 22' 36" E
on the South line of Said Triplett II Addition, a distance of four hundred five point thirty
seven feet (405.31') to the point of the beginning; thence N 00°37124" W a distance of
twenty feet (20.00'); thence N 89°22'36' E a distance of two hundred sixty two point fifteen
feet (262.15') to the west line of Lakewood School Addition; thence S 00°14'30" W on said
west line, a distance of twenty feet (20.001) to said south line; thence S. 89°22'36" W on
said south line, a distance of two hundred sixty one point eight four feet (261.84') to the
Point of Beginning.
The requested utility easement vacation will allow construction of additional buildings at
Citywide Self -Storage.
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 no public or franchise utilities are located in the twenty foot (20') easement.
(C) No private rights will be injured or endangered because vacation of the easement will not
affect any other properties or property owners.
(D) That in justice to the Petitioner vacation of the utility easement should be granted because
the continued presence of a public utility easement in this locations no longer serves a public
purpose.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct additional secure storage facilities on the property.
Book: 1302 Rage: 1853
Section 3. Order of Vacation. The above described portion of a twenty foot (20`) utility
easement located on Lots Two (2) and Five (5). Block One (1) of Triplett II 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 Lots Two (2) and Five (5), Block One (1) of Triplett II Addition to the City, of Salina,
Saline County, Kansas.
U
Section 4. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 15-10800 Summary
n September 21, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10800. The ordinance
icates a twenty foot (20') public utility easement on Lots Two (2) and Five (5), Block 1 of the Triplett
Addition which no longer contains any public utilities. A complete copy of the ordinance is available
Nvvw.salina-ks.eov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary
certified by the city attorney.
Section 5. Effective Date. This ordinance shall be in full force and effect from and after its
and publication once in the official city newspaper.
ATTEST:
Shandi Wicks, CMC, City Clerk
of Publication Summary:
Attorney
00 Rt
Introduced: September 14, 2015
Passed: September 21, 2015
CRIT1
RBIanchard. Mayor
1 hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 15-10800 that was
adopted by the Governing Body of the City of Salina
at their reular meeting on September 21, 2015.
Y OFsa.
..i1N •WNY � ��pCvWl2�.[>
i\IM Orr-� uths.
1870
Administraticc Assistant III
SnM QUM Page: 1854