16-10869 Vacation of 20' Utility Easement in Lot 1, Block 1 of Whittier School Addition(Summary published in The Salina Journal on December 9, 2016.)
(Published on the City, of Salina's wehsite from December 6 to 20. 2016.)
ORDINANCE NUMBER 16-10869
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY
FOOT (20') UTILITY EASEMENT LOCATED IN LOT ONE (1), BLOCK ONE (1) OF
WHITTIER SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
w KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
0
Section 1. Petition and Public Hearing. On November 28, 2016 the governing body
conducted a public hearing ("Public Hearing') on the petition filed by J Vosseller on behalf of the
USD No. 305 Board of Education ("Petitioner") requesting vacation of the following described
portion of a utility easement:
A portion of Lot 1, Block 1, Whittier School Addition, a replat of a portion of Phillips Third
Addition to the City of Salina, Saline County, Kansas, being more particularly described as
follows:
Commencing at the southeast comer of said Lot 1; Thence N 00'25'21" E on the east line of said
Lot 1, a distance of 372.48 feet to the intersection of said east line and the prolongation of the
north line of a platted 20 foot utility easement: Thence S 89744' 18" W on said prolongation of the
north easement line, a distance of 42.91 feet to the point of beginning; Thence S 00' 15'42" E a
distance of 13.86 feet; Thence S 89'44' 18" W a distance of 46.63 feet; Thence N 00' 15'42" W a
distance of 13.86 feet to a point on said north easement line; Thence N 89'44' 18" E on said north
easement line, a distance of 46.63 feet to the point of beginning.
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 the portion of easement contains a public water main and the water main is
being relocated. No other public or franchise utilities are located in the twenty foot (20')
easement.
(C) No private rights will be injured or endangered because the relocated water main only serves
the Cottonwood School building.
(D) That injustice to the Petitioner vacation of the utility easement should be granted because
the continued presence of a public utility easement no longer serves a public purpose due to the
relocation of the water main.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct and maintain a storage building to provide weather
protected storage for Cottonwood School.
Section 3. Order of Vacation. The above described portion of a twenty foot (20') utility
easement located on Lot One (1), Block One (1) of the Whittier School 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
w described as Lot One (1), Block One (1) of the Whittier School Addition to the City of Salina, Saline
County, Kansas.
N
Section 5. Effective. This ordinance shall be in full force and effect from and after its adoption and
once in the official city newspaper by the following summary:
Ordinance No. 16-10869 Summary
December 5, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10869. The ordinance
rtes a portion of a twenty foot (20') public utility easement on Lot 1, Block 1 of the Whittier School
lition (Cottonwood Elementary School) which no longer contains any public utilities. A complete
y of the ordinance is available at «mm.salina-ks.00v or in the office of the city clerk, 300 W. Ash
et, free of charge. This summary is certified by the city attorney.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
of Publication Summary:
Attorney
Introduced: November 28, 2016
Passed: December 5, 2016
Type of Document _
111111111111111111111111111111111111111 IN
REBECCA
SEEMAN
"'C+,.REGISTER OF DEEDS SALINE COUNTY KANSAS
,)Book:1322 Page: 788-790
Receipt #: 107942 Recording. Fee: $0.00
Pages Recorded: 3 G � +}
Date Recorded: 12/14/2016 4:24:59 PM
Total Recording Fees $0.00
Return Address SHANDI WICKS
ROOM 206
(Summary published in The Salina Journal on Decemher �, 2B16
(pnhliched on the City of Salina'- xyehcite frnm Derebiper o 2016,1
Book �..G. page
ORDINANCE NUMBER 16-10869
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY
„ FOOT (20') UTILITY EASEMENT LOCATED IN LOT ONE (1), BLOCK ONE (1) OF
WHITTIER SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
W KANSAS.
0
s BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
4
Section 1. Petition and Public Hearing. On November 28, 2016 the governing body
conducted a public hearing ("Public Hearing) on the petition filed by J Vosseller on behalf of the
USD No. 305 Board of Education ("Petitioner') requesting vacation of the following described
portion of a utility easement:
A portion of Lot 1, Block 1, Whittier School Addition, a replat of a portion of Phillips Third
Addition to the City of Salina, Saline County, Kansas, being more particularly described as
follows:
Commencing at the southeast comer of said Lot 1; Thence N 00'25'21" E on the east line of said
Lot 1, a distance of 372.48 feet to the intersection of said east line and the prolongation of the
north line ofa platted 20 foot utility easement; Thence S 89'44' 18" Won said prolongation of the
north easement line, a distance of 42.91 feet to the point of beginning; Thence S 00' 15'47 E a
distance of 13.86 feet; Thence S 89'44' 18"W a distance of 46.63 feet; Thence N 0021524211 W a
distance of 13.86 feet to a point on said north easement line; Thence N 89'44' 18" E on said north
easement line, a distance of 46.63 feet to the point of beginning.
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 the portion of easement contains a public water main and the water main is
being relocated. No other public or franchise utilities are located in the twenty foot (20')
easement.
(C) No private rights will be injured or endangered because the relocated water main only serves
the Cottonwood School building.
(D) That injustice to the Petitioner vacation of the utility easement should be granted because
the continued presence of a public utility easement no longer serves a public purpose due to the
relocation of the water main.
(E) The public interest is promoted by the vacation of the public utility easement because it
would allow the petitioner to construct and maintain a storage building to provide weather
protected storage -for Cottonwood School.
Section 3. Order of Vacation. The above described portion of a twenty foot (201) utility
Book 4�2 PagelJ
easement located on Lot One (1), Block One (1) of the Whittier School 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 Lot One (1), Block One (1) of the Whittier School Addition to the City of Salina; Saline
County, Kansas.
Section 5. Effective. This ordinance shall be in full force and effect from and after its adoption and
once in the official city newspaper by the following summary:
Ordinance No. 16-10869 Summary
December 5, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10869. The ordinance
rtes a portion of a twenty foot (20') public utility easement on Lot 1, Block 1 of the Whittier School
lition (Cottonwood Elementary School) which no longer contains any public utilities. A complete
1• of the ordinance is available at N.Nvw.Sal ina-ks.eov or in the office of the city clerk, 300 W. Ash
et, free of charge. This summary is certified by the city attorney.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Introduced: November 28, 2016
Passed: December 5, 2016
I hereby certitp that the above and
foreaoin; is a true
Publication Summary: and correct copy of Ordinance No.
16-10869 that was
adopted by the Governing= Bodv of
the City of Salina
at their re«ular meeting on December 5, 2016.
o ity Attorney
V OF
Allison Strait
1870
.Administrriixc Assistant III
k