16-10820 Field House Easement and Alley vacation(Summary published in The Salina Journal on March _a_, 2016.)
ORDINANCE NUMBER 16-10820
AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A NORTH -SOUTH
PUBLIC UTILITY EASEMENT AND ALLEY LOCATED ON THE BLOCK BORDERED
BY NORTH FOURTH STREET ON THE EAST, EAST IRON AVENUE ON THE SOUTH,
w NORTH FIFTH STREET ON THE WEST, AND ASH STREET ON THE NORTH IN THE
ORIGINAL TOWN (NOW CITY) OF SALINA, SALINE COUNTY, KANSAS.
N
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BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
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Section 1. Petition and Public Hearing. On February 22; 2016 the Governing Body conducted
a public hearing ("Public Hearing') on the petition filed by Steve Hardesty, Interim Director of Parks
and Recreation on behalf of the City of Salina ("Petitioner"), requesting vacation of the following
described portions of a utility easement and platted alley:
Utilitv Easement
A tract of land that is located in the vacated ten foot (10') Alley that abuts Lot 89, Lot 91, Lot
93, Lot 95, Lot 97, and Lot 99 on Fifth Street; and Lot 90, Lot 92, Lot 94, Lot 96, Lot 98, and
Lot 100 on Fourth Street, all in the Original Town of Salina. Saline County, Kansas. Said
tract being more particularly described as follows:
Commencing at the southeast corner of said Lot 99; Thence on an assumed bearing of North
000 10' 00" East on the west line of said vacated Alley, a distance of 10.00 feet to the north
line of the utility easement that is recorded in the Saline County Register of Deeds' Book
1280, Page 1499; and the Point of Beginning; Thence North 00'10'00" East on the west line
of said vacated Alley, a distance of 267.54 feet to the north line of the vacated Alley; Thence
North 89° 57' 59" East on the north line of said vacated Alley, a distance of 10.00 feet to the
east line of said vacated Alley; Thence South 00° 10' 00" West on the east line of said vacated
Alley, a distance of 267.58 feet to the north line of the utility easement that is recorded in the
Saline County Register of Deeds' Book 1280, Page 1499; Thence North 89° 48' 51" West, a
distance of 10.00 feet to the Point of Beginning. ("Utility Easement")
Allev Right -of -Way
The platted ten foot (10') north -south alley that is between North Fourth Street and North
Fifth Street, and between East Iron Avenue and East Ash Street all in the Original Town of
Salina, Saline County, Kansas, less the South 475 feet thereof (`Alley Right -of -Way').
Section 2. Findings and Conclusions. The Governing Body determines from the evidence
presented:
(A) Due and legal notice of the Public Hearing 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 and
Alley Right -of -Way because existing water; sanitary sewer and electric lines are being relocated
and no other public or franchise utilities are located in the Utility Easement or Alley Right -of -
Way. The Alley Right -of -Way is no longer needed for vehicle access.
(C) No private rights will be injured or endangered because vacation of the Utility Easement and
Alley Right -of -Way will not affect any other properties or property owners.
(D) That injustice to the Petitioner vacation of the Utility Easement and Alley Right -of -Way
should be granted because the continued presence of the public utility easement and alley no
longer serves a public purpose and is inhibiting construction of a needed public recreation center
on this site.
(E) The public interest is promoted by the vacation of the Utility Easement and Alley Right -of -
Way because it would allow the petitioner to construct a new public recreation center on this
site.
Section 3. Order of Vacation. The Utility Easement and Alley Right -of -Way 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 the Utility Easement and Alley Right -of -Way relates to the
tract of real property described as Lots 80 through 100 on Fourth Street and Lots 81-99 on Fifth
Street in the Original Town (Now City) of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
lowing summary:
Ordinance No. 16-10820 Summary
March 7, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10820. The ordinance vacates a
tion of a public utility easement and alley located in the block bordered by North Fourth Street on the
East Iron Avenue on the south, North Fifth Street on the west and East Ash Street on the north
ch no longer contain any public utilities. A complete copy of the ordinance is available at
w.salina-ks.eov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is
by the city attorney.
Section 6. Effective Date. This ordinance shall be in full force and effect from and after its
and publication once in the official city newspaper.
Introduced: February 22, 2016
Passed: March 7, 2016
dJWo- -
Jon R. Blanchard, Mayor
1 II [SEAL]
ATTEST:
IIShand, CMC, City Clerk
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Certification
of Publication Summary:
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Gr g 1. Bengt n, ity Attorney
Type of Document
Total Recording Fees
Return Address
ROOM 206
i1111111111111111111111111111111111111111111111111111111111111II1111111111111111
REBECCA SEEMAN
r•t"�-t,,REGISTER, OF DEED
r�...,,S SALINE COUNTY KANSAS
._,
!Book:1309 Page: 283-286
.. Receipt #: 102099 Recording Fee: 50.00
Pages Recorded:4 CAN{-+
Date Recorded: 3/11/2016 12:17:02 PM
(Summary published in The Salina Journal on March
t Pagech _, 2
(Published on the City of Salina's website from March q 2016 1
ORDINANCE NUMBER 16-10820
IAN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A NORTH -SOUTH
PUBLIC UTILITY EASEMENT AND ALLEY LOCATED ON THE BLOCK BORDERED
BY NORTH FOURTH STREET ON THE EAST, EAST IRON AVENUE ON THE SOUTH,
w NORTH FIFTH STREET ON THE WEST, AND ASH STREET ON THE NORTH IN THE
ORIGINAL TOWN (NOW CITY) OF SALINA, SALINE COUNTY, KANSAS.
N
4 BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
0
U
Section 1. Petition and Public Hearing. On February 22, 2016 the Governing Body conducted
a public hearing ("Public Hearing") on the petition filed by Steve Hardesty, Interim Director of Parks
and Recreation on behalf of the City of Salina ('Petitioner"), requesting vacation of the following
described portions of a utility easement and platted alley:
Utility Easement
A tract of land that is located in the vacated ten foot (10') Alley that abuts Lot 89, Lot 91, Lot
93, Lot 95, Lot 97, and Lot 99 on Fifth Street; and Lot 90, Lot 92, Lot 94, Lot 96, Lot 98, and
Lot 100 on Fourth Street, all in the Original Town of Salina, Saline County, Kansas. Said
tract being more particularly described as follows:
Commencing at the southeast comer of said Lot 99; Thence on an assumed bearing of North
00°10' 00" East on the west line of said vacated Alley, a distance of 10.00 feet to the north
line of the utility easement that is recorded in the Saline County Register of Deeds' Book
1280, Page 1499, and the Point of Beginning; Thence North 00'10'00" East on the west line
of said vacated Alley, a distance of 267.54 feet to the north line of the vacated Alley; Thence
North 89° 57' 59" East on the north line of said vacated Alley, a distance of 10.00 feet to the
east line of said vacated Alley; Thence South 00° 10' 00" West on the east line of said vacated
Alley, a distance of 267.58 feet to the north line of the utility easement that is recorded in the
Saline County Register of Deeds' Book 1280, Page 1499; Thence North 89° 48'51" West, a
distance of 10.00 feet to the Point of Beginning. ("Utility Easement")
Allev Right -of -Way
The platted ten foot (10') north -south alley that is between North Fourth Street and North
Fifth Street, and between East Iron Avenue and East Ash Street all in the Original Town of
Salina, Saline County, Kansas, less the South 475 feet thereof ("Alley Right -of -Way").
Section 2. Findings and Conclusions. The Governing Body determines from the evidence
presented:
(A) Due and legal notice of the Public Hearing 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 and
Alley Right -of -Way because existing water, sanitary sewer and electric lines are being relocated
L and no other public or franchise utilities are located in the Utility Easement or Alley Right -of -
Way. The Alley Right -of -Way is no longer needed for vehicle access.
L'
Book 13 M Page 225
(C) No private rights will be injured or endangered because vacation of the Utility Easement and
Alley Right -of -Way will not affect any other properties or property owners.
II (D) That injustice to the Petitioner vacation of the Utility Easement and Alley Right -of -Way
should be granted because the continued presence of the public utility easement and alley no
w longer serves a nuhlic numnse and is inhihitina rnnstnwtinn nfn nPPrtPrd nnhlir rPrrPntinn ranter
= II on this site
II(E) The public interest is promoted by the vacation of the Utility Easement and Alley Right -of -
Way because it would allow the petitioner to construct a new nuhlic recreation center on this
II site.
Section 3. Order of Vacation. The Utility Easement and Alley Right -of -Way 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 the Utility Easement and Alley Right -of -Way relates to the
tract of real property described as Lots 80 through 100 on Fourth Street and Lots 81-99 on Fifth
Street in the Original Town (Now City) of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
,ing summary:
Ordinance No. 16-10820 Summary
March 7, 2016, the City of Salina, Kansas, passed Ordinance Into. 16-10820. The ordinance vacates a
tion of a public utility easement and alley located in the block bordered by North Fourth Street on the
!, East Iron Avenue on the south, North Fifth Street on the west and East Ash Street on the north
ch no longer contain any public utilities. A complete copy of the ordinance is available at
w.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is
ified 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:
Introduced: February 22, 2016
Passed: March 7, 2016
dlWo--
Jon R. Blanchard, Mayor
Book 1W Page :296
I II ShandIMO
CMC City Clerk
w Certification of Publication Summary:
Gr g . Ben n, ity Attorney
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 16-10820 that was
adopted by the Governing Body of the City of Salina
at their rew r meeting on klarch 7, 2016.
�\SY OFg.,.
D1iki Orr s°. _ 1870
AdministratiN c Assistant III