15-10808 Utility Easment Vacation Quail Meadows Estates Addition1
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(Summary published in The Salina Journal on October ,�* , 2015.)
(Published on the City of Salina's website from October . 2015.
ORDINANCE NUMBER 15-10808
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TEN FOOT
(10') UTILITY EASEMENT ADJACENT TO THE COMMON LOT LINE BETWEEN LOTS
FIFTEEN (15) AND SIXTEEN (16) IN BLOCK ONE (1) OF QUAIL MEADOWS ESTATES
w 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 Gary Hecker on behalf of the Legacy
Builders ("Petitioner") requesting vacation of the following described portion of a utility easement:
The ten (10) foot utility easement adjacent to the common lot line between Lot Fifteen (15)
and Lot Sixteen (16), Block One (1) of the Quail Meadows Estates Addition to the City of
Salina, Saline County, Kansas; except the North Ten (10) feet of said Lot Fifteen (15) and
Sixteen (16).
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 ten foot (10') utility 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.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct additional housing on the property.
Section 3. Order of Vacation. The above described ten foot (10') utility easement running
along the common lot line between Lot Fifteen (15) and Lot Sixteen (16). Block One (1). of the
Quail Meadows Estates Addition to the City of Salina, Kansas is ordered vacated, except the North
Ten (10) feet therof.
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 Fifteen (15) and Lot Sixteen (16), Block One (1) of the Quail Meadows Estates
Addition to the City of Salina, Saline County, Kansas.
Section S. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
z
Ordinance No. 15-10808 Summary
a
w
On October 19, 2015, the City of Salina. Kansas; passed Ordinance No. 15-10808. The ordinance
vacates a ten foot (10') public utility easement running between Lots Fifteen (15) and Sixteen (16),
Block One (1) of the Quail Meadows Estates Addition which no longer contains any public utilities. A
complete copy of the ordinance is available at Nv%v w.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 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:
qa
/�``—on Cage, City Manager
Certification of Publication Summarv:
A.'Bendtscjt, City Attorney
Introduced: October 12. 2015
Passed: October 19. 2015
1`SJ�
— - REBECCA SEEMAN — -
%' YEGISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1309 Page: 82-89
5,.'•.`:'•f Receipt ": 105692 C_n1+}_ Recording Fee: Other
.+' Pages Recorded: 3 1 ` &W�
Date Recorded: 10/22/2015 10:32:06 AM
Grantor
Grantee
Type of Document
Certified Copy Of Ordinance
Recordinq 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 ,& 2015.)
(Published on the City of Salina's website from October A2-,31 .2015.)
ORDINANCE NUMBER 15-10808
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TEN FOOT
(10') UTILITY EASEMENT ADJACENT TO THE COMMON LOT LINE BETWEEN LOTS
FIFTEEN (15) AND SIXTEEN (16) IN BLOCK ONE (1) OF QUAIL MEADOWS ESTATES
ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
g BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
g Section 1. Petition and Public Hearing. On October 12, 2015 the governing body conducted a
public hearing ("Public Hearing") on the petition filed by Gary Hecker on behalf of the Legacy
Builders ("Petitioner") requesting vacation of the following described portion of a utility easement:
The ten (10) foot utility easement adjacent to the common lot line between Lot Fifteen (15)
and Lot Sixteen (16), Block One (1) of the Quail Meadows Estates Addition to the City of
Salina, Saline County, Kansas, except the North Ten (10) feet of said Lot Fifteen (15) and
Sixteen (16).
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 ten foot (10') utility 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.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct additional housing on the property.
Section 3. Order of Vacation. The above described ten foot (]0') utility easement running
along the common lot line between Lot Fifteen (15) and Lot Sixteen (16), Block One (1), of the
Quail Meadows Estates Addition to the City of Salina, Kansas is ordered vacated, except the North
Ten (10) feet therof.
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 Fifteen (15) and Lot Sixteen (16), Block One (1) of the Quail Meadows Estates
Addition to the City of Salina, Saline County, Kansas.
Book: 1304 Page: 83
Book: 1304 Page: 84
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 15-10808 Summary
On October 19, 2015, the City, of Salina, Kansas, passed Ordinance No. 15-10808. The ordinance
vacates a ten foot (10') public utility easement running between Lots Fifteen (15) and Sixteen (16),
Block One (1) of the Quail Meadows Estates Addition which no longer contains any public utilities. A
complete copy of the ordinance is available at Nv%v%v.salina-ks.sov 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: / �� S'`—
asJ on Ciage, City Manager
Certification of Publication Summary:
A. Bendtscjt; City Attorney
fotw
Introduced: October1
October 19, 2015
CA -s
ardMayor
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 15-10808 that was
adopted by the Governine Body of the City of Salina
ae,,r rneeetin_ onOctober 19. 2015.
5\114 OF
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AdministraliNe Assistant III
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