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15-10817 Utility Easements Vacation Salina High School Central Subdvision1 I IIIIIIII IIII IIIII III II I III IIIII IIIA VIII IIII 111111 VIII VIII IIII II I III IIII IIII REBECCA SEEMAN tory REGISTER OF DEEDS SALINE COUNTY KANSAS E� lBook:1307 Page: 439-445 r:s .-`Receipt #: 100916 Recording Fee: $0.00 Pages Recorded: 7 lJ } Date Recorded: 1/14/2016 3:21:43 PM Type of Document Ordinance Total Recording Fees $0.00 Return Address CITY CLERK ROOM 206 Book: 1307 Fuge: 440 (Summary published in The Salina Journal on December, 2015.) (Published on the City of Salina's website from December _.?2 201 ) ORDINANCE NUMBER 15-10817 AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A THREE (3) PLATTED UTILITY EASEMENTS LOCATED IN LOT ONE (1), BLOCK ONE (1) OF THE SALINA HIGH SCHOOL CENTRAL SUBDIVISION 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 December 21, 2015 the Governing Body conducted a public hearing ("Public Hearing") on the petition filed by William D. Hall on behalf of the USD No. 305 Board of Education ("Petitioner") requesting vacation of the following described portions of utility easements: Easement A: A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows: N Commencing at the Southwest corner of said Lot One (1); thence,8 00°00'00" E on the West line of said Lot One (1), a distance of eight hundred six point eight zero feet (806.80'); thence N 00°00'00" E Continuing on Said West Line, a distance of twenty feet (20.00'); thence N 88°47'31" E two hundred twenty three point thirty three feet (223.33'); thence S 02'32'14" E a distance of forty point one six feet (40.16'); Thence N 88°35'42" E a distance of thirty eight point four five feet (38.45'); thence S 00°03'35" W a distance of twenty point zero one feet (20.01'); thence S 88°35'42" W a distance of fifty seven point fifty five feet (57.55'); thence N 02'32'14" W a distance of forty point twenty three feet (40.23'); thence S 88°47'31" W a distance of two hundred four point twenty one feet (204.21') to the Point of the Beginning. Easement B: A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows: Commencing at the Southwest corner of said Lot One (1); thence N 89'44'16" E on the South Line of said Lot One (1), a distance of three hundred sixty three point seven zero feet (363.70'); thence N 00°15'44'' W a distance of six hundred eighty point two seven feet (680.27') to the Point of the Beginning; thence N 39°24'39" E a distance of thirteen point thirty three feet (13.33'); thence S 00'03'12" E a distance of ten point thirty one feet (10.31'); thence N 89°58'05" W a distance of eight point four eight feet (8.48') to the Point of Beginning. Easement C: A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows: Commencing at the Southwest corner of said Lot One (1); thence N 89'44'16" E on the South Line of said Lot One (1), a distance of six hundred twenty seven point zero seven feet (627.07'): thence N 00°15'44" W a distance of seven hundred forty seven feet (747.00') to the Point of Beginning; thence S 89°56'48" W a distance of forty seven point nine five feet (47.95'); thence N Book: 1387 Page: 441 00°04'20" E a distance of' five point three one feet (5.31'); thence N 89°41'01" E a distance of one point seven six feet (1.76') thence N 46'12'54" E a distance of thirty five point nine four feet (35.94') thence S 33°52"45" E a distance of thirty six point three one feet (36.31') to the Point of Beginning. The requested utility easement vacations will allow construction of additions to Central High 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 portions of these three (3) utility easements because existing telecom and electric lines are being relocated and no other public or franchise utilities are located in the portions of the easements being requested for vacation. (C) No private rights will be injured or endangered because vacation of portions of these three (3) utility easements will not affect any other properties or property owners. (D) That in justice to the Petitioner vacation of portions of these three (3) utility easements should be granted because the continued presence of the public utility easements no longer serves a public purpose and are inhibiting construction of needed additions to the Central High School building. (E) The public interest is promoted by the vacation of these three (3) public utility easements because it would allow the petitioner to construct needed additions to this existing high school facility. Section 3. Order of Vacation. The above described portions of three (3) utility casements located on Lot One (1), Block One (1) the Salina High School Central Subdivision, City of Salina, Kansas are 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 portions of these three (3) utility easements relates to the tract of real property described as Lot One (1), Block One (1) of the Salina High School Central Subdivision, City of Salina, Saline County, Kansas. Section 4. Summary of ordinance for publication. This ordinance shall be published by the following summary: Ordinance No. 15-10817 Summary On December 21, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10817. The ordinance vacates portions of three (3) platted public utility easements on Lot 1, Block 1 of the Salina High School Book: 1307 Page: 442 Central Subdivision (Central High School) which no longer contain 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. "Phis ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: 3WGL Shandi Wicks, CMC, City Clerk Certification ol' Publication Summary: Y4 -, I I Greg A. Be gts n, City Attorney Introduced: December 21, 2015 Passed: December 21, 2015 �o.. ard, Mayor I hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 15-10817 that was adopted by the Governing Body of the City of Salina at their regular meeting on December 21, 2015. G�ZY OF g Sh a1870ndi Wicks. 6 ; .� �C6 Cit% Clerk ms's' ».»•� 4 Book: 1307 Page: 443 EXHIBIT 'A' EASEMENT VACATION DESCRIPTION: A PORTION OF LOT 1 BLOCK 1, SALINA CENTRAL HIGH SCHOOL SUBDIVISION SALINA, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N 00'00'00" E ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 806.80 FEET TO THE POINT OF BEGINNING; THENCE N 00'00'00" E CONTINUING ON SAID WEST LINE, A DISTANCE OF 20.00 FEET; THENCE N 88'47'31" E 223.33 FEET; THENCE S 02'32'14" E A DISTANCE OF 40.16 FEET; THENCE N 88'35'42" E A DISTANCE OF 38.45 FEET; THENCE S 00'03'35" W A DISTANCE OF 20.01 FEET; THENCE S 88'35'42" W A DISTANCE OF 57.55 FEET; THENCE N 02'32'14" W A DISTANCE OF 40.23 FEET; THENCE S 88'47'31" W A DISTANCE OF 204.21 FEET TO THE POINT OF BEGINNING v I01�LOi�5mo � LS -1201 9�A INS P5 O � S U R N 00°00'00" E 20.00' POINT OF BEGINNING--' z SCALE: 1" = 100' WILLIAM C. DELKER KANSAS RLS NO. 1201 delker@kveng.com __ _ LL—T S 0 2 °3 2' 14" E ASEMENT -- 88'47' 31 " E 223.33' j� 40.16' ------1,� N 88"35'42" E S 88-47131 " W L % 38.45' 204.21 ��-- �-�` . S 00°03' 35" W IN 02°32'14" W 20.01' / „ 40.23'. S 88 35 42 W 57.55' I LOT 1, BLOCK 1, BUILDING SALINA CENTRAL SF IRAdC;< HIGH SCHOOL SUBDIVISION -POINT OF COMMENCEMENT /SW COR, LOT 1, BLK 1, SALINA 25' BUILDING CENTRAL SUBDIVISION 10' DRAINAGE ET'DACK EASEMENT 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 sco<veng.com I www.kveng.com ♦ KAW VALLEY ENGINEERING E140983 12-1-15 0983EXBA TDA 1 OF 1 O �1O �I O z SCALE: 1" = 100' WILLIAM C. DELKER KANSAS RLS NO. 1201 delker@kveng.com __ _ LL—T S 0 2 °3 2' 14" E ASEMENT -- 88'47' 31 " E 223.33' j� 40.16' ------1,� N 88"35'42" E S 88-47131 " W L % 38.45' 204.21 ��-- �-�` . S 00°03' 35" W IN 02°32'14" W 20.01' / „ 40.23'. S 88 35 42 W 57.55' I LOT 1, BLOCK 1, BUILDING SALINA CENTRAL SF IRAdC;< HIGH SCHOOL SUBDIVISION -POINT OF COMMENCEMENT /SW COR, LOT 1, BLK 1, SALINA 25' BUILDING CENTRAL SUBDIVISION 10' DRAINAGE ET'DACK EASEMENT 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 sco<veng.com I www.kveng.com ♦ KAW VALLEY ENGINEERING E140983 12-1-15 0983EXBA TDA 1 OF 1 a. a I SCALE: 1 " = 20' EXHIBIT 'B' Book: 1397 Wage: 444 N 39°24'39" E %' S 00'03'12'' E 13.33' "ll. All 10.31' POINT OF BEGINNING '1 r EASEMENT VACATION DESCRIPTION: A PORTION OF LOT 1 BLOCK 1, SALINA CENTRAL HIGH SCHOOL SUBDIVISION SALINA, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N 89'44'16" E ON THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 363.70 FEET; THENCE N 00'15'44" W A DISTANCE OF 680.27 FEET TO THE POINT OF BEGINNING; THENCE N 39'24'39" E A DISTANCE OF 13.33 FEET; THENCE S 00'03'12" E A DISTANCE OF 10.31 FEET; THENCE N 89'58'05" W A DISTANCE OF 8.48 FEET TO THE POINT OF BEGINNING. l"�1 / M Ns 10 E Iz)\14f 1-015 m LS 1 9 ��NPI D S 10 WILLIAM C. DELKER KANSAS RLS NO. 1201 delker@kveng.com N O 00 (0 10 - P� POINT OF COMMENCEMENT SW COR, LOT 1, BILK 1, SALINA CENTRAL SUBDIVISION N 89°44'16" E 363.70' 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 FAX (785) 823-3411 so@kveng.com www.kveng.com ♦ KAW VALLEY ENGINEERING N 89°58'05" W 8.48' EXISTING BUILDING LOT 1, BLOCK 1, SALINA CENTRAL HIGH SCHOOL SUBDIVISION E140983 12-1-15 0983EXBB TDA 1 OF 1 Book: 1397 Page: 445 EXHIBIT 'C' I �I� I 1 , N 46°12'54" E S 33°52'45" E 35.94' `�,, -- _ /\ � 36.31, N 89°41'01" E SCALE: 1 = 40 1.76'/ POINT OF -- --- --,� BEGINNING N 00 04 20 E EASEMENT 5.31' EASEMENT VACATION DESCRIPTION: S 89°56'48" _W A PORTION OF LOT 1 BLOCK 1, SALINA CENTRAL HIGH SCHOOL 47.95 SUBDIVISION SALINA, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N 89'44'16" E ON THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 627.07 FEET; THENCE N 00'15'44" W A DISTANCE OF 747.00 FEET TO THE POINT OF BEGINNING; THENCE S 89'56'48" W A DISTANCE OF 47.95 FEET; THENCE N 00'04'20" E A DISTANCE OF 5.31 FEET; THENCE N 89'41'01" E A DISTANCE OF 1.76 FEET; THENCE N 46'12'54" E A DISTANCE OF 35.94 FEET; THENCE S 33'52'45" E A DISTANCE OF 36.31 FEET TO THE POINT OF BEGINNING. PM C. o v \GENSc° I�f 7�Z�15 m LS -1201 9 Irl N S P5 O �Y� SURv� WILLIAM C. DELKER KANSAS RLS NO. 1201 delker©kveng.com %POINT OF COMMENCEMENT / SW COR, LOT 1, BLK 1, SALINA CENTRAL SUBDIVISION N R9°44'16" E 627.07' LOT 1, BLOCK 1, SALINA CENTRAL HIGH SCHOOL SUBDIVISION 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 1 FAX (785) 823-3411 so®kveng.com I www.kveng com V MAW VALLEY ENGINEERING 1 20 UTILIIY EASEME.N 1 E140983 12-1-15 0983EXBC TDA 1 OF 1 y U (Summary published in The Salina Journal on December �, 2015.) (Published on the City of Salina's website from December a r� _�;,_ , 201(c,) ORDINANCE NUMBER 15-10817 AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A THREE (3) PLATTED UTILITY EASEMENTS LOCATED IN LOT ONE (1), BLOCK ONE (1) OF THE SALINA HIGH SCHOOL CENTRAL SUBDIVISION 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 December 21, 2015 the Governing Body conducted a public hearing ("Public Hearing") on the petition filed by William D. Hall on behalf of the USD No. 305 Board of Education ('Petitioner") requesting vacation of the following described portions of utility easements: Easement A: A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows: Commencing at the Southwest corner of said Lot One (1); thence S 00°00'00" E on the West line of said Lot One (1), a distance of eight hundred six point eight zero feet (806.80'); thence N 00°00'00" E Continuing on Said West Line, a distance of twenty feet (20.00'); thence N 88°47'31" E two hundred twenty three point thirty three feet (223.33'); thence S 02'32'14" E a distance of forty point one six feet (40.16'); Thence N 88°35'42" E a distance of thirty eight point four five feet (38.45'); thence S 00°03'35" W a distance of twenty point zero one feet (20.01'); thence S 88°35'42" W a distance of fifty seven point fifty five feet (57.55'); thence N 02'32'14" W a distance of forty point twenty three feet (40.23'); thence S 88°47'31" W a distance of two hundred four point twenty one feet (204.21') to the Point of the Beginning. Easement B: A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows: Commencing at the Southwest corner of said Lot One (1); thence N 89'44'16" E on the South Line of said Lot One (1), a distance of three hundred sixty three point seven zero feet (363.70'); thence N 00°15'44" W a distance of six hundred eighty point two seven feet (680.27') to the Point of the Beginning; thence N 39°24'39" E a distance of thirteen point thirty three feet (13.33'); thence S 00°03'12" E a distance of ten point thirty one feet (10.31'); thence N 89°58'05" W a distance of eight point four eight feet (8.48') to the Point of Beginning. Easement C: A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows: Commencing at the Southwest corner of said Lot One (1); thence N 89'44'16" E on the South Line of said Lot One (1), a distance of six hundred twenty seven point zero seven feet (627.07'); thence N 00°15'44" W a distance of seven hundred forty seven feet (747.00') to the Point of Beginning; thence S 89°56'48" W a distance of forty seven point nine five feet (47.95'); thence N U 00°04'20" E a distance of five point three one feet (5.31'); thence N 89°41'01" E a distance of one point seven six feet (1.76') thence N 46'12'54" E a distance of thirty five point nine four feet (35.94') thence S 33°52"45" E a distance of thirty six point three one feet (36.31') to the Point of Beginning. The requested utility easement vacations will allow construction of additions to Central High 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 portions of these three (3) utility easements because existing telecom and electric lines are being relocated and no other public or franchise utilities are located in the portions of the easements being requested for vacation. (C) No private rights will be injured or endangered because vacation of portions of these three (3) utility easements will not affect any other properties or property owners. (D) That in justice to the Petitioner vacation of portions of these three (3) utility easements should be granted because the continued presence of the public utility easements no longer serves a public purpose and are inhibiting construction of needed additions to the Central High School building. (E) The public interest is promoted by the vacation of these three (3) public utility easements because it would allow the petitioner to construct needed additions to this existing high school facility. Section 3. Order of Vacation. The above described portions of three (3) utility easements located on Lot One (1), Block One (1) the Salina High School Central Subdivision, City of Salina, Kansas are 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 portions of these three (3) utility easements relates to the tract of real property described as Lot One (1), Block One (1) of the Salina High School Central Subdivision, City of Salina, Saline County, Kansas. Section 4. Summary of ordinance for publication. This ordinance shall be published by the following summary: Ordinance No. 15-10817 Summary On December 21, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10817. The ordinance vacates portions of three (3) platted public utility easements on Lot 1, Block 1 of the Salina High School Central Subdivision (Central High School) which no longer contain any public utilities. A complete copy of the ordinance is available at www.salina-ks.ov 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: December 21, 2015 Passed: December 21, 2015 [SEAL] ATTEST: 3WGL Shandi Wicks, CMC, City Clerk Certification of Publication Summary: Greg A. Be gts n, City Attorney