19-11001 Vacation of Right-of-Way (214 Greenway) (Summary published in The Salina Journal on June 1 , 2019)
Posted on the City of Salina website from June c to June 1$, 2019)
ORDINANCE NUMBER 19-11001
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF AN EIGHT FOOT
WIDE PLATTED UTILITY EASEMENT LOCATED ON LOTS SEVEN(7)AND EIGHT(8)
IN THE REPLAT OF BLOCK THREE OF THE COUNTRY CLUB HEIGHTS ADDITION
TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
79
Section 1. Petition and Public Hearing. On May 20, 2019 the Governing Body conducted a
public hearing ("Public Hearing") on the petition filed by Michael R. McArthur ("Petitioner"),
requesting vacation of the following described portions of a utility easement:
An eight foot (8') platted utility easement located four feet (4') either side of the common lot
line between Lot Seven (7) and Lot Eight (8) in the Replat of Block Three (3) of the Country Club
Heights Addition to the City of Salina, Saline County, Kansas, less the North four feet (4') of said
easement.
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 described portion of
this utility easement because a new replacement utility easement is being dedicated by the
petitioner to accommodate the needs of Kansas Gas Service.
(C)No private rights will be injured or endangered because vacation of the Alley Right-of-Way
will not affect any other properties or property owners.
(D) That injustice to the Petitioner vacation of this utility easement should be granted because
the continued presence of the public utility easement in its current location no longer serves a
public purpose and is inhibiting construction of an addition to the petitioner's residence.
(E) The public interest is promoted by the vacation of the described portion of the eight foot(8')
wide public utility easement and acceptance of a replacement utility easement because it would
allow the petitioner to construct needed improvements to the property and still allow Kansas
Gas Service to install a new gas line network serving this block.
Section 3. Order of Vacation. The above described portion of the eight foot(8')wide utility
easement located on Lot Eight (8) and a portion of Lot Seven (7), Block Three (3), Country Club
Heights 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 a portion of an eight foot (8') wide utility easement
relates to the tract of real property described as :All of Lot Eight(8)and part of Lot Seven(7),which
is more particularly described as follows: Commencing at the Northeast corner of said Lot Seven(7),
being the corner common of Lot Seven (7), Eight(8), and Nine(9) in the Replat of Block Three(3),
Country Club Heights Addition; thence Westerly Eight (8) feet along the line being a prolongation
extension of the Northerly line of said Lot Eight (8); thence Southerly in a straight line to a point in
the Southerly line of said Lot Seven (7), being the Northerly line of Overhill Road; which point is
Twelve(12)feet Westerly from the Southeast corner of said Lot Seven(7);thence Easterly along the
Southerly line of said Lot Seven(7) to the Southeast corner of said Lot Seven(7); thence Northerly
= along the Easterly line of Lot Seven (7) to the point of beginning all in Country Club Heights
Addition to the City of Salina, Saline County Kansas
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 19-11001 Summary
On June 3, 2019, the City of Salina, Kansas, passed Ordinance No. 19-11001. The ordinance vacates a
portion of an eight foot(8')wide public utility easement located in the petitioner's rear yard which does
not contain 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 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.
Introduced: May 20, 2019
Passed: June 3, 2019 71
/
All<vt
Trent W. Davis, M.D.. Mayor
[SEAL]
ATTEST: ''1I11
Seidl l ikJ
Shandi Wicks, CMC, City Clerk
The • blication summary set forth above is certified this % day of June, 2019.
/
Al- 211Pr
G el A. Beng .on, City Attorney
1
'IIIIIIIIIIIII IIIIIIIIIIIIIIIIIII VIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
REBECCA SEEMAN
':REGISTER OF DEEDS SALINE COUNTY KANSAS
!Book•1357 Page: 183-186
Receipt #: 123351 Recording Fee: 50.00
Pages Recorded: 4 Gn1 }+
Date Recorded: 6/11/2019 9:53:08 AM
Type of Document Ordinance
Total Recording Fees $0.00
Return Address CITY OF SALINA
CITY CLERK 206
Book 1357 Page: 184
(Summary published in The Salina Journal on June 1 . 2019)
Posted on the City of Salina website from June q_to June ZR, 2019)
ORDINANCE NUMBER 19-11001
AN ORD[NNANCE ORDERING THE VACATION OF A PORTION OF AN EIGHT FOOT
WIDE PLATTED UTILITY EASEMENT LOCATED ON LOTS SEVEN(7)AND EIGHT(8)
IN THE REPLAT OF BLOCK THREE OF THE COUNTRY CLUB HEIGHTS ADDITION
TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
a
Section 1. Petition and Public Hearing. On May 20, 2019 the Governing Body conducted a
public hearing ("Public Hearing") on the petition filed by Michael R. McArthur ("Petitioner"),
requesting vacation of the following described portions of a utility easement:
An eight foot (8') platted utility easement located four feet (4') either side of the common lot
line between Lot Seven (7) and Lot Eight (8) in the Replat of Block Three (3) of the Country Club
Heights Addition to the City of Salina, Saline County, Kansas, less the North four feet (4')of said
easement.
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 described portion of
this utility easement because a new replacement utility easement is being dedicated by the
petitioner to accommodate the needs of Kansas Gas Service.
(C)No private rights will be injured or endangered because vacation of the Alley Right-of-Way
will not affect any other properties or property owners.
(D) That injustice to the Petitioner vacation of this utility easement should be granted because
the continued presence of the public utility easement in its current location no longer serves a
public purpose and is inhibiting construction of an addition to the petitioner's residence.
(E) The public interest is promoted by the vacation of the described portion of the eight foot(8')
wide public utility easement and acceptance of a replacement utility easement because it would
allow the petitioner to construct needed improvements to The property and still allow Kansas
Gas Service to install a new gas line network serving this block.
Section 3. Order of Vacation. The above described portion of the eight foot(8')wide utility
easement located on Lot Eight (8) and a portion of Lot Seven (7), Block Three (3), Country Club
Heights 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 a portion of an eight foot (8') wide utility easement
Beak 1357 Page: 185
relates to the tract of real property described as : All of Lot Eight(8)and pan of Lot Seven(7),which
is more particularly described as follows: Commencing at the Northeast corner of said Lot Seven(7),
being the corner common of Lot Seven (7), Eight(8), and Nine(9) in the Replat of Block Three(3),
Country Club Heights Addition; thence Westerly Eight (8) feet along the line being a prolongation
extension of the Northerly line of said Lot Eight(8); thence Southerly in a straight line to a point in
the Southerly line of said Lot Seven (7), being the Northerly line of Overhill Road; which point is
g Twelve(12) feet Westerly from the Southeast corner of said Lot Seven(7);thence Easterly along the
a Southerly line of said Lot Seven(7) to the Southeast corner of said Lot Seven (7); thence Northerly
along the Easterly line of Lot Seven (7) to the point of beginning all in Country Club Heights
8 Addition to the City of Salina, Saline County Kansas
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 19-11001 Summary
On June 3, 2019, the City of Salina. Kansas, passed Ordinance No. 19-11001.The ordinance vacates a
portion of an eight foot(8')wide public utility easement located in the petitioner's rear yard which does .
not 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 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.
Introduced: May 20, 2019
Passed: June 3, 2019
Trent W. Davis, M.D.. Mayor
[SEAL]
ATTEST:
&,t b31-an
Shandi Wicks; CMC, City Clerk
Th• blication summary set forth above is certified this '54.4 day of June, 2019.
J iin• -
G e! A. Beng -on, City Attorney
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 19-11001 that was
adopted by the Governing Body of the City of Salina
at tth)eiir�jr�e�g4ullarr (meeetiingon June 3. 2019.
'LLAd go�'�o SY
S 1870
Allison Strait %, +.� �?
Deputy City Clerk
II
Boole 1357 Page: 186
EXHIBIT A
Vacate Easement
The west 4.00 feet of Lot 8, in the Replat of Block 3, Country Club Heights Addition,
City of Solino, Saline County, Kansas, except the north 4.00 feet.
and
The eost 4.00 feet of Lot 7, in the Replat of Block 3, Country Club Heights Addition,
City of Salina, Saline County, Kansas, except the north 4.00 feet.
ad01 e
LS-1426 I
\:S•is•4t9 .
1,
\ Lot 4' Easement
Lot 8 4' Easement
Northeast corner of Lot 7, Block 3
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4 114 Greenway Road
ROD: 1352-1494
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Southeast corner ''
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11 of Lot 7, Block 3 z
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0 10 20 30 40 � I
m.
II SCALE: 1. - 20'
an'or SALINA .300 W ASN, SALINA KANSAS
PUBLIC ROWS - ENCNEEPoNG - Ummrs
EXHIBIT A
x •3ROAD — _ Vacate Easement. 114 Greenway Rood
O�L �� — �-2019-578 Ire Nay 2019 cc 1