18-7564 Authorize Issuance of Permit for Footing & Foundation Permit for The Alley Entertainment Center Project RESOLUTION NUMBER 18-7564
A RESOLUTION PURSUANT TO SALINA CODE SECTION 42-63(a)AUTHORIZING
W THE ISSUANCE OF A PERMIT FOR CONSTRUCTION OF FOOTING AND FOUNDATION
FOR THE DOWNTOWN ALLEY ENTERTAINMENT CENTER PROJECT, SUBJECT TO
CONDITIONS.
c, WHEREAS, in accordance with Section 3.03.C.(3)of the Development Agreement dated as of
January 23,2017 (the`Development Agreement")between the City of Salina. Kansas(the"City")and
Salina2020. Inc. (the"Master Developer"),the City has adopted Ordinance Number 17-10914 vacating
the alley right-of-way and reserving to the City a temporary public utility easement for the purpose of
continued utilization of the public sanitary sewer main located therein (the "Existing Main")until the
relocated sanitary sewer main (the "Relocated Main") can be placed in service and the Existing Main
filled and abandoned in place;
WHEREAS, the reserved temporary public utility easement is legally described as follows:
A portion of a ten foot (10') north-south alley beginning at the north right-of-way line of Ash Street
and ending at a point 280 feet north of the north right-of-way line of Ash Street abutting Lot sixty-
seven (67), Lot sixty-nine (69), Lot seventy-one (71), Lot seventy-three (73). Lot seventy-five (75),
and Lot seventy-seven (77) on Santa Fe Avenue and Lot sixty-eight (68). Lot seventy (70), Lot
seventy-two (72), Lot seventy-four (74). Lot seventy-six (76) and Lot seventy-eight (78) on Fifth
Street in the Original Town (now city) of Salina. Saline County, Kansas, (`'Alleyy Right-of-Way').
(the "Temporary Easement").
WHEREAS, an application has been filed with the City for the issuance of a footing and
foundation permit for the Alley Entertainment Center Project as defined in the Development Agreement
(the "Permit"); and
WHEREAS, pursuant to Salina Code Section 42-63(a). the Governing Body desires to authorize the
issuance of the footing and foundation permit with conditions that will assure continued utilization of
the Existing Main without interference from the commencement of construction of footing and
foundation for the Alley Entertainment Center Project pending (a) the initiation of sanitary sewer
service via the Relocated Main. and (b) the filling and abandonment in place of the Existing Main_ in a
manner approved by the City's director of utilities; SO NOW, THEREFORE,
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Building Official is authorized and directed to issue the Permit, subject to the
condition that no work shall be performed pursuant to the Permit. except as provided in Section 2
below, within an area defined in width by the Temporary Easement and defined in length by the full
length of the Temporary Easement (the"Existing Main Protection Area"),until such time as(a)sanitary
sewer service has been initiated via the Relocated Main and (b) the Existing Main has been filled and
abandoned in place in a manner approved by the City's director of utilities.
Section 2. Precautions shall be taken by the contractor to prevent damage/breakage of the
Existing Main prior to the Existing Main being taken out of service and abandoned in place and entirely
filled with concrete flowable fill. In the event of damage/breakage, the contractor shall notify the
W director of utilities immediately. Any damage/breakage of the Existing Main shall be repaired at the
property owner's expense.
Section 3. Upon satisfaction of the requirements relating to the Relocated Main and the Existing
3 Main set forth in Section 1. the Building Official is authorized and directed to release the Permit from
the Condition set forth in Section 1 and the Governing Body shall adopt a resolution confirming
fulfillment of the purpose and the expiration of the Temporary Easement for recording in the office of
the Saline County register of deeds.
Section 4. This resolution shall be in full force and effect from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 18t day of June, 2018.
46.0-12
Karl F. Ryan; Mayor
(SEAL)
ATTEST:
si/lotid; coda
Shandi Wicks, CMC, City Clerk
I