18-10927 Schwan's Utility Easement Vacation (Summary published in The Salina Journal on May I OP, 2018.)
(Published on the City of Salina'c website from MAN' Qi to 2.7 7018)
ORDINANCE NUMBER 18-10927
AN ORDINANCE ORDERING THE VACATION OF A ORTION OF A ONE
HUNDRED FIFTEEN FOOT NIDE PLATTED UTILITY EASEMENT LOCATED ON LOT
ONE (1), BLOCK TWELVE (12) IN SCHILLING SUBDIVISION NO. 5 IN THE CITY OF
w SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On February 26,2018 the Governing Body conducted
a public hearing ("Public Hearing") on the petition filed by Schwan's SFC Global Supply Chain
("Petitioner") requesting vacation of the following described portion of a utility easement:
A portion of Lot One (1), Block Twelve (12), Schilling Subdivision No. 5 in the City of
Salina, Saline County, Kansas, more particularly described as follows:
Commencing at the northwest corner of said Lot One (1); Block Twelve (12); thence N
89'53'13" Eon the south right-of-way line of Schilling Road, a distance of 619.99 feet;
thence S 00'01'50" E a distance of 340.00 feet to the Point of Beginning; thence continuing
S 00°01'50" E, a distance of 20.79 feet; thence S 89'39'21" W a distance of 21.86 feet;
thence S 00' 15'11" E a distance of 39.19 feet; thence 89°40'20" E a distance of 101.71 feet;
thence N 00'01'50" W a distance of 59.57 feet; thence S 89'58'10" \V a distance of 80.00
feet to the Point of Beginning.
The requested utility easement vacation will allow construction of a cooling tower on the west
side of the existing Tony's Pizza plant building.
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 described portion of
this utility easement because existing water and sanitary sewer lines are being relocated and no
other public or franchise utilities are located in the portion of the easement being requested for
vacation.
(C)No private rights will be injured or endangered because vacation of the described portion of
this utility easement as requested will not affect any other properties or property owners.
(D) That in justice to the Petitioner vacation of the described portion of this utility easement
should be granted because the continued presence of the public utility easement no longer serves
a public purpose and is inhibiting construction of a needed addition to the Tony's Pizza plant
building.
(E) The public interest is promoted by the vacation of the described portion of the one-hundred
fifteen foot(115')wide public utility easement because it would allow the petitioner to construct
a needed addition to this existing plant facility.
Section 3. Preconditions. Vacation of the described portion of this utility easement was made
subject to the requirements that the following preconditions be met between first and second readings
of this Ordinance:
N
$ (a) The petitioner must prepare and submit design plans for the relocated public water and
sanitary sewer lines meeting the City of Salina design specifications for review and approval
by the City Director of Utilities;
(b) The petitioner must relocate the existing public water and sanitary sewer lines and AT& T
buried copper cable to a location outside the utility easement area to be vacated or make a
private arrangement with AT&T; and
(c) The petitioner must dedicate all public utility easements needed to accommodate the
relocated public water and sanitary sewer lines.
Approval on second reading and publication of this ordinance by summary serves as confirmation of
satisfaction of these preconditions.
Section 4. Order of Vacation. The above described portion of the one-hundred fifteen foot
(115')wide utility easement located on Lot One(1). Block Twelve(12) in Schilling Subdivision No.
5, City of Salina. Kansas is ordered vacated.
Section 5. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds,this vacation of a portion of a one-hundred fifteen foot(115')wide utility
easement relates to the tract of real property described as Lot One(1). Block Twelve(12)in Schilling
Subdivision No. 5. City of Salina. Saline County, Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 18-10927 Summary
On May 7, 2018,the City of Salina. Kansas,passed Ordinance No. 18-10927. The ordinance vacates a
portion of a one-hundred fifteen foot(115')wide public utility easement on the west side of the Tony's
Pizza plant building, Lot One(1). Block Twelve (12) in Schilling Subdivision No. 5 which no longer
contains any public utilities. A complete copy of the ordinance is available at w w.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 7. 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: February 26, 2018
Passed: May 7, 2018
I [SEAL] Karl F. Ryan. Mayor
in-
i
w ATTEST:
8
`G4�lG2�fGii !(�1L1Y�
=li
Shandi Wicks, CMC, City Clerk
A (1
The pub . tion summary set forth above is certified this d day of May, 2018.
:t
Gree enuts• t itv . tomey
I .
I
(Summary published in The Salina Journal on May 10 , 2018.)
Puhliched nn the City f Salina'e weheite from May B to 9? /01R)
ORDINANCE NUMBER 18-10927
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A ONE
HUNDRED FIFTEEN FOOT WIDE PLATTED UTILITY EASEMENT LOCATED ON LOT
ONE (1), BLOCK TWELVE (12) IN SCHILLING SUBDIVISION NO. 5 IN 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 February 26, 2018 the Governing Body conducted
a public hearing ("Public Hearing") on the petition filed by Schwan's SFC Global Supply Chain
("Petitioner") requesting vacation of the following described portion of a utility easement:
A portion of Lot One (I). Block Twelve (12). Schilling Subdivision No. 5 in the City of
Salina. Saline County. Kansas, more particularly described as follows:
Commencing at the northwest corner of said Lot One (I). Block Twelve (12); thence N
89'53'13" Eon the south right-of-way line of Schilling Road, a distance of 619.99 feet;
thence S 00'01'50" E a distance of 340.00 feet to the Point of Beginning; thence continuing
S 00'01'50" E. a distance of 20.79 feet; thence S 89'39'21" W a distance of 21.86 feet;
thence S 00' 15'11" E a distance of 39.19 feet; thence 89'40'20" E a distance of 101.71 feet;
thence N 00'01'50" \V a distance of 59.57 feet; thence S 89'58'10" \V a distance of 80.00
feet to the Point of Beginning.
The requested utility easement vacation will allow construction of a cooling tower on the west
side of the existing Tony's Pizza plant building.
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 described portion of
this utility easement because existing water and sanitary sewer lines are being relocated and no
other public or franchise utilities are located in the portion of the easement being requested for
vacation.
(C)No private rights will be injured or endangered because vacation of the described portion of
this utility easement as requested will not affect any other properties or property owners.
(D) That in justice to the Petitioner vacation of the described portion of this utility easement
should be granted because the continued presence of the public utility easement no longer serves
a public purpose and is inhibitingconstruction of a needed addition to the Tony's Pizza plant
building. IIitHilitill IIIc 0Itliii 11111111111111lIltMu Ml iiIII01liiiIIIIllD lIIII
REBECCA SEEMAN
".,•REGISTER OF DEEDS SALINE COUNTY KANSAS
°• i•)Book:1342 Page: 452-454
Receipt #: 116778 Recording Fee: 50.00
Pages Recorded: 3 G N ��
Date Recorded: 5/ 10/2018 3:45: 19 PM
Book 1342 Page: 453
(E) The public interest is promoted by the vacation of the described portion of the one-hundred
fifteen foot(115')wide public utility easement because it would allow the petitioner to construct
a needed addition to this existing plant facility.
Section 3. Preconditions. Vacation of the described portion of this utility easement was made
W subject to the requirements that the following preconditions be met between first and second readings
of this Ordinance:
N
(a) The petitioner must prepare and submit design plans for the relocated public %vater and
sanitary sewer lines meeting the City of Salina design specifications for review and approval
by the City Director of Utilities;
(b) The petitioner must relocate the existing public water and sanitary sewer lines and AT R T
buried copper cable to a location outside the utility easement area to be vacated or make a
private arrangement with AT&T; and
(c) The petitioner must dedicate all public utility easements needed to accommodate the
relocated public water and sanitary sewer lines.
Approval on second reading and publication of this ordinance by summary serves as confirmation of
satisfaction of these preconditions.
Section 4. Order of Vacation. The above described portion of the one-hundred fifteen foot
(115')wide utility easement located on Lot One(1). Block Twelve(12)in Schilling Subdivision No.
5, City of Salina. Kansas is ordered vacated.
Section 5. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds;this vacation of a portion of a one-hundred fifteen foot(1 1 5')wide utility
easement relates to the tract of real property described as Lot One(1),-Block Twelve(12)in Schilling
Subdivision No. 5, City of Salina. Saline County; Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 18-10927 Summary
On May 7, 2018, the City of Salina. Kansas,passed Ordinance No. 18-10927. The ordinance vacates a
portion of a one-hundred fifteen foot(1 1 5')wide public utility easement on the west side of the Tony's
Pizza plant building, Lot One(1), Block Twelve(12) in Schilling Subdivision No. 5 which no longer
contains any public utilities. A complete copy of the ordinance is available at www.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 7. 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: February 26, 2018
Passed: May 7, 2018
Book 1342 Page: 454
Karl F. Ryan. Mayor
[SEAL]
•z
ATTEST:
om�
Shandi Wicks; CMC; City Clerk
u (n1
The pub ' tion summary set forth above is certified this d day of May, 2018.
Gree engs 'in• . tomev
a
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 18-10927 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on May 7, 2018.n
. of `ti
Allison Strait y5 1870
Deputy City Clerk y ,y'�.."..jcil
''`•...