15-10807 Utility Easement Vacation Pacific Addition0
7
(Summary published in The Salina Journal on October '9, 2015.)
(Published on the City of Salina's website from October AD - 451 . 2015.)
ORDINANCE NUMBER 15-10807
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY
FOOT (20') UTILITY EASEMENT LOCATED ON THE WEST EIGHTY EIGHT FEET (88)
II OF THE NORTH TWENTY (20) FEET OF LOT SEVENTEEN (17), BLOCK TWELVE (12)
w OF THE PACIFIC 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 October 12, 2015 the governing body conducted a
public hearing ("Public Hearing") on the petition filed by Pat Beatty on behalf of the OPG Land
Development, LLC ("Petitioner") requesting vacation of the following described utility easement:
The West Eighty Eight feet (88) of the North Twenty (20) feet of Lot Seventeen (17), Block
Twelve (12), Pacific Addition to the City of Salina, Saline County, Kansas.
The requested utility easement vacation will allow construction of Phase 11 of the Heritage at
Hawthorne Village Apartments.
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 location no longer serves a public
purpose and prevents the construction of a third apartment building.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct a third sixteen (16) unit apartment building on the
property.
Section 3. Order of Vacation. The above described twenty foot (20') utility easement located
on Lot Seventeen (17), Block Twelve (12) of Pacific Addition to the City of Salina, Kansas is ordered
vacated.
Section d. 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 Seventeen (17), Block Twelve (12) of Pacific Addition to the City of Salina, Saline
County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 15-10807 Summary
On October 19. 2015, the City of Salina. Kansas. passed Ordinance No. 15-10807. The ordinance
w vacates a twenty foot (20') public utility easement located on Lot Seventeen (17). Block Twelve (12) of
the Pacific Addition which no longer contains any public utilities. A complete copy of the ordinance is
available at w%v%v.salina-ks.eov or in the office of the city clerk. 300 W. Ash Street. free of charge. This
summary is certified by the city attorney.
U
Section 6. 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: October 12. 2015
Passed: October 19. 2015
jJon4.d�Ma-yor
[SEAL]
ATTEST: /�� J"
asJ on Gage. City Manager
of Publication Summary:
A. BeAgtsbn, City Attorney
I
40' R/W
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SCALE: 1' = 20'
EXHIBIT 'A'
POINT OF BEGINNING
NW
R. LOT 17, BLOCK 12
w _ 89044'29" E 88.00' _ _ 3_ _ LOT 15
� LOT 17
�I 20' UTILITY EASEMENT of 1
U-) 0 ORD. 7-10368 0Ii17
p O (MISC. BOOK 1144, O O I
C) N PAGES 1300-1301) N O
O — — o -
Z 89'44'29" W 88.00' N
N VACATED 20' ALLEY
I I ORD, 7-10368
MISC. BOOK 1144,
PAGES 1300-1301)
25' BUILDING
SETBACK
(PER ZONING)
I
LOT 17
LOT 19
I
DESCRIPTION:
A PORTION OF LOT 17, BLOCK 12 OF THE PACIFIC ADDITION TO THE CITY OF SAUNA, SALINE
COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE ON AN ASSUMED BEARING
OF S 89'44'29" E. ON THE NORTH UNE OF SAID LOT 17, A DISTANCE OF 88.00 FEET;
THENCE S 00'05'15" W A DISTANCE OF 20.00 FEET; THENCE N 89'44'29" W A DISTANCE OF
88.00 FEET TO A POINT ON THE WEST UNE OF SAID LOT 17; THENCE N 00'05'15" E ON SAID
WEST LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING:
742 DUVALL AVENUE
SAUNA, KANSAS 67401
PH. (785) 823-3400 1 FAX (785) 823-3411
saCk"ng.com 1 www.k"ng.com
♦ KAW VALLEY ENGINEERING
P M C
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E15S1267 9-18-15
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REBECCA SEEMAN
r: °®ISTER OF DEEDS SALINE COUNTY KANSAS
" Book: 1309 Page: 76-61
Receipt ": 105592 G N +. - Recording Fee: Daher
Pagee Recorded: 9,Q.pi 411:1
Date Recorded: 10/22/2015 10:32:05 AM
Grantor
Grantee
Type of Document
Certified Copy Of Ordinance
Recording Fees
$0.00
Mtg Reg Tax
$0.00
Total Amount
$0.00
Return Address CITY OF SALINA
MIKI - ROOM 206
(Summary published in The Salina Journal on October P, 2015.)
(Published on the Cit♦ of Salina's website from October ,2D - 51 2015.)
ORDINANCE NUMBER 15-10807
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY
FOOT (20') UTILITY EASEMENT LOCATED ON THE WEST EIGHTY EIGHT FEET (88)
OF THE NORTH TWENTY (20) FEET OF LOT SEVENTEEN (17), BLOCK TWELVE (12)
w OF THE PACIFIC ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
a
Section 1. Petition and Public Hearing. On October 12, 2015 the governing body conducted a
public hearing ("Public Hearing") on the petition filed by Pat Beatty on behalf of the OPG Land
Development, LLC ("Petitioner") requesting vacation of the following described utility easement:
The West Eighty Eight feet (88) of the North Twenty (20) feet of Lot Seventeen (17), Block
Twelve (12), Pacific Addition to the City of Salina, Saline County, Kansas.
The requested utility easement vacation will allow construction of Phase II of the Heritage at
Hawthorne Village Apartments.
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 location no longer serves a public
purpose and prevents the construction of a third apartment building.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct a third sixteen (16) unit apartment building on the
property.
Section 3. Order of Vacation. The above described twenty foot (20') utility easement located
on Lot Seventeen (17), Block Twelve (12) of Pacific 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
L County Register of Deeds, this vacation of utility easement relates to the tract of real property
described as Lot Seventeen (17), Block Twelve (12) of Pacific Addition to the City of Salina, Saline
County, Kansas.
Book: 1304 Page: 79
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 15-10807 Summary
On October 19, 20152 the City of Salina, Kansas, passed Ordinance No. 15-10807. The ordinance
vacates a twenty foot (20') public utilityeasement located on Lot Seventeen (17), Block Twelve (12) of
the Pacific Addition which no longer contains any public utilities. A complete copy of the ordinance is
available at Nuw.salina-ks.eov or in the office of the city clerk, 300 W. Ash Street, free of charge. This
summary is certified by the city attorney.
Section 6. 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:
as/�� J"
Man
J on Gage, Cityager
ication of Publication Summary:
7
cAgnt
A. Be gts n, City Attorney
L
Introduced: October 12, 2015
Passed: October 19, 2015
v
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 15-10807 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on October 19, 2015.
i\94.A-,V
"
Administratixe Assislam III
LL� oawKiz�"*C 9
1870
Book: 1304 Page: 80
EXHIBIT 'A'
POINT OF BEGINNING
NW COR, LOT 17, BLOCK 12 '
40' R/W w _ 5944'29" E 88.00' 3_ _ LOT 1s
LOT 17
OI'20' UTILITY EASEMENT p N
I p ORD. 7-10368 OI If)
�
\ 0 (MISC. BOOK 1144, O O I
d' O N PAGES 1300-1301) (VI 0
~ 0—
W Zcn
w �J 89'44'29" W 88.00' VACATED 20' ALLEY
ORD, 7-10368
N I MISC. BOOK 1144,
PAGES 1300-1301)
I
Z I 25BUILDING — —
�arJ SETBACK
(PER ZONING) — —
LOT 17
I I I
DESCRIPTION:
A PORTION OF LOT 17, BLOCK 12 OF THE PACIFIC ADDITION TO THE CITY OF SAUNA, SALINE
COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE ON AN ASSUMED BEARING
OF S 89'44'29' E. ON THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 88.00 FEET;
THENCE S 00'05'15' W A DISTANCE OF 20.00 FEET; THENCE N 89'44'29 W A DISTANCE OF
SCALE: 1' = 20' 88.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 17; THENCE N 00'05'15 E ON SAID
WEST LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING:
742 DUVALL AVENUE
SAUNA, KANSAS 67401
PH. (785) 823-3400 1 FAX (785) 623-3411
scakwng.c I www.kv ngx m
♦ KAW VALLEY ENGINEERING
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