20-7840 Permanenet In Ground Swimming Pool & Storage Shed in Public Utility Easement in Rear Yard at 2224 River Trail Road, Salina, Kansas •
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REBECCA SEEMAN
f"�"'��r;'REGISTER OF DEEDS SALINE COUNTY KANSAS
y: :w;F[�•a --'Book:1375 Page: 1538-1541
Receipt #: 129750Recording Fee: $0.00
Pages Recorded: 4 (/J
Date Recorded: 7/14/2020 8:45:32 AM
Type of Document Resolution
Total Recording Fees $0.00
Return Address CITY OF SALINA
DEAN
Book 1375 Page: 1539
RESOLUTION NUMBER 20-7840
A RESOLUTION AUTHORIZING A PERMANENT IN GROUND SWIMMING
POOL AND STORAGE SHED TO BE PLACED IN A PUBLIC UTILITY EASEMENT IN
THE REAR YARD AT 2224 RIVER TRAIL ROAD, SALINA, KANSAS.
Z
a
WHEREAS, John R. Goertzen and Jessica A. Goertzen, husband and wife ("Owners"), are
the fee simple owners of certain real estate commonly known as 2224 River Trail Road, Salina,
Kansas, and legally described as follows ("Property"):
Lot Seven (7), Block One (1) in the River Trail 2nd Addition to the City of Salina,
Saline County, Kansas.
WHEREAS, the City of Salina ("City") is the owner of a twenty foot (20') public utility
easement which extends the entire width of Owners' Property ("Utility Easement");
WHEREAS, the Owners have submitted plans and a permit application for the erection of a
fourteen (14) foot by twenty-eight (28) foot in ground swimming pool and a fourteen (14) foot by
twenty-four (24) foot storage shed (the "Improvements") that as proposed would be located over the
utility easement as depicted in the attached and incorporated Exhibit A ("Encroachment Area");
WHEREAS, Salina Code Section 42-63(a) prohibits the placement or construction of a
building or structure within a platted or recorded public easement, unless expressly authorized by
the Governing Body;
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WHEREAS, the Governing Body has found it to be in the public interest to authorize the
Owners, and their successors in interest and assigns, to install and maintain the Improvements in the
Encroachment Area as proposed, subject to the terms and conditions of this resolution; SO NOW,
THEREFORE,
BE IT RESOLVED, by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. The Governing Body finds:
1. The property at 2224 River Trail Road is unique in that it has an average lot depth of only
114 ft.
2. The property at 2224 River Trail Road is unique due to the backyard being only 35 ft. deep
and 57% of the backyard area is occupied by a public utility/drainage easement which
severely limits the useable area of the backyard.
3. There are no alternate locations on the property where an in ground pool and storage shed
could be located outside of the 20 ft. utility easement area.
4. The 20 ft. utility/drainage easement at the rear of 2224 River Trail Road is not being used by
any public or franchise utility and the proposed in ground pool and storage shed construction
will not conflict with the right of easement holders to access and maintain their lines.
5. Restricting the use of the 20 ft. easement area does not serve any public purpose in this case.
Book 1375 Page: 1540
Section 2. Authorization. Pursuant to Salina Code Section 42-63(a), the Governing
Body authorizes the Owner, and its successors in interest and assigns, to install and maintain the
Improvements in the Encroachment Area.
La-
Section 3. Maintenance; Alterations. The Owners shall be responsible, at their sole
cost and expense, for maintaining the Improvements in the Encroachment Area in a good and safe
condition, and in compliance with all applicable laws. If the Owners fail to fulfill their
responsibilities within thirty (30) days after written notice from the City to do so, the City may
cause the necessary work to be performed and charge the cost of the work against the Owners
and/or assess the costs as a special assessment against the Property. Except in connection with the
performance of its obligations under this section, the Owners shall not make any alterations,
additions, or improvements, such as adding concrete flatwork or wood decks in the Encroachment
Area or any other portion of the Utility Easement without the prior express authorization of the
Governing Body.
Section 3. Effective Date; Term. This resolution shall be effective upon its adoption,
and shall continue until either demolition or removal of the permanent in ground pool and storage
shed on the Property as installed and maintained at the location depicted on Exhibit A or vacation of
the utility easement by the Governing Body.
Section 4. Recording. The City Clerk is directed to record a copy of this resolution
with the Saline County Register of Deeds.
Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of June,
2020.
1///..,
„V
Michael L. Ho ock, Mayor
(SEAL)
ATTEST:
G6O
/
Cheryl Me pfis, Deputy City Clerk I hereby certify that the above and foregoing is a true
and correct copy of Resolution No. 20-7840 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on June 22, 2020.
flalitD/Lkj0(-0,1V�S '�: 014,GfWiIEO'i
Shandi Wicks , s` 1870
no, Clerk
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EXHIBIT A Book 1375 Page: 1541
CERTIFICATE OF SURVEY FOR BUILDING PERMIT
LOT 7, BLOCK 1, RIVER TRAIL 2ND ADDITION
SAUNA, SAI INC COUNTY, KANSAS
LOT 7:
N 37'59'42" E 110.00'(P&M) 9,117 SQUARE FEET
34.04' .:13`1/'' 44.00' __...0.,........ 31.96'1 -.•„--.;-' I
qj Ni r 25' BUI DING
Sine-pool__-- - I SETBACK
44.0'
CO 6.3' r'
Co ED- 5. ' ^ 2 4' o I ic_ RIVER
d ODD CK o —CDVERED ` o TRAIL ROAD
pII -- cb PnizcH 00.
°°� PROPOSED 17.?' of R/W
I HOUSE o in LLI
N 0�w>
O vla co
a cco I d
d27.0' �, 0
$N ri ' r'2.0 ,T a
0
IN
N. 2 I '.Ga'
41185' -.,�,- 41.96' -5\' 28.00' ---.... (/)
IF 10 37'59'42" W 117.80'(P&M) EASEMENT
20' U11IJTY &
_______,__Lo
-.ORAINA- ASEi M
SCALE: 1" = 30'
d
LEGEND
• LOT DESCRIPTION: 1/2"x24" REBAR W/ "KVE
N LOT 7, BLOCK 1, RIVER TRAIL 2ND ADDITION TO THE CITY OF SALINA, SALINE w CLS-20" CAP SET
M COUNTY, KANSAS.
g (F) PLATTED BEARING &
BASIS. OF BEARINGS: \\ DISTANCE
C THE OASIS OF BEARINGS FOR THIS SURVEY IS A PLATTED BEARING OF MEASURED BEARING &
z NN 89'17'45" E ON IHE NORTH LINE Of RIVER TRAIL ADDITION TO TIIL (M) DISTANCE
`F, CITY OF SALINA, SALINE COUNTY, KANSAS
> (] TRANSFORMER
BOUNDARY Sl1RVEY CERTIFICATION: IT TELEPHONE PEDESTAL
• I, TIMOTHY J. HART, BEING A DULY LICENSED AND REGISTERED LAND
al SURVEYOR IN THE STATE OF KANSAS, HEREBY CERTIFY THAT THIS MAP 7:3. LIGHT POLE
'° OR PEAT AND THE SURVEY ON WHICH IT WAS BASED, WAS MADE IN
ACCORDANCE WITH THE CURRENT KANSAS MINIMUM STANDARDS FOR 2 2?U-R.' y Tv t
E BOUNDARY SURVEYS, WAS MADE BY ME OR UNDI R MY DIRECT
SUPERVISION, AND IS CORRECT TO THE BEST OF MY BELIEF AND ALIIIITY. PERMIT NUMBER I1-v7k7 .
t, DA`E OF SURVEY: FEBRUARY 11. 2019
ii ;00,1111l 01
Date Received 5-21-(`i
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� PROJECT NO
G {• f .% "; � 742 DUVALL AVENUE E17S1776
w '^� = SALINA, KANSAS 67401 DRAWN BY
o - 64 = PH. (785) 823-3400 I FAX (785) 823-3411 OTR
LI_ ...13 ' `i • CC� so(�}Acvcny.com ( www.kveng.com c}IECKED err
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4�" "l"s�5•qs N ♦ KAW VALLEY ENGINEERING 7768PJ 7—B1
I i 't: 07rt 5%3. SKEET
N '"iiii llik" I OF 1
TIMOTHY J. HARI T PREPARED FOR: KAW VALLEY ENGINEERING, INC.. IS AUTHORIIED TO
JC BUILDERS OMR SURVEYING SERVICES BY KANSAS STATE
KANSAS LS NO 1664 P.O. BOX 3173 cERnrICATE of Au1HoRlzanoN No LS-20
hort@kveng.com SAUNA, KANSAS, 67401 EXPIRES 12/31/2o
THIS DRAWING SHALL NOT BE U1IUZE0 BY ANY PERSON, FIRM, OR CORPORATION IN WHOLE OR IN PART WITHOUT THE SPECIFIC PERMISSION Or KAW VALLEY ENGINEERING, INC.
RESOLUTION NUMBER 20-7840
A RESOLUTION AUTHORIZING A PERMANENT IN GROUND SWIMMING
POOL AND STORAGE SHED TO BE PLACED IN A PUBLIC UTILITY EASEMENT IN
THE REAR YARD AT 2224 RIVER TRAIL ROAD, SALINA,KANSAS.
Z
a
WHEREAS, John R. Goertzen and Jessica A. Goertzen, husband and wife ("Owners"), are
N the fee simple owners of certain real estate commonly known as 2224 River Trail Road, Salina,
Kansas, and legally described as follows ("Property"):
Lot Seven (7), Block One (1) in the River Trail 2nd Addition to the City of Salina,
Saline County, Kansas.
WHEREAS, the City of Salina ("City") is the owner of a twenty foot (20') public utility
easement which extends the entire width of Owners' Property ("Utility Easement");
WHEREAS, the Owners have submitted plans and a permit application for the erection of a
fourteen (14) foot by twenty-eight (28) foot in ground swimming pool and a fourteen (14) foot by
twenty-four (24) foot storage shed (the "Improvements") that as proposed would be located over the
utility easement as depicted in the attached and incorporated Exhibit A ("Encroachment Area");
WHEREAS, Salina Code Section 42-63(a) prohibits the placement or construction of a
building or structure within a platted or recorded public easement, unless expressly authorized by
the Governing Body;
WHEREAS, the Governing Body has found it to be in the public interest to authorize the
Owners, and their successors in interest and assigns, to install and maintain the Improvements in the
Encroachment Area as proposed, subject to the terms and conditions of this resolution; SO NOW,
THEREFORE,
BE IT RESOLVED, by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. The Governing Body finds:
1. The property at 2224 River Trail Road is unique in that it has an average lot depth of only
114 ft.
2. The property at 2224 River Trail Road is unique due to the backyard being only 35 ft. deep
and 57% of the backyard area is occupied by a public utility/drainage easement which
severely limits the useable area of the backyard.
3. There are no alternate locations on the property where an in ground pool and storage shed
could be located outside of the 20 ft. utility easement area.
4. The 20 ft. utility/drainage easement at the rear of 2224 River Trail Road is not being used by
any public or franchise utility and the proposed in ground pool and storage shed construction
will not conflict with the right of easement holders to access and maintain their lines.
5. Restricting the use of the 20 ft. easement area does not serve any public purpose in this case.
Section 2. Authorization. Pursuant to Salina Code Section 42-63(a), the Governing
Body authorizes the Owner, and its successors in interest and assigns, to install and maintain the
Improvements in the Encroachment Area.
Section 3. Maintenance; Alterations. The Owners shall be responsible, at their sole
W cost and expense, for maintaining the Improvements in the Encroachment Area in a good and safe
condition, and in compliance with all applicable laws. If the Owners fail to fulfill their
responsibilities within thirty (30) days after written notice from the City to do so, the City may
cause the necessary work to be performed and charge the cost of the work against the Owners
and/or assess the costs as a special assessment against the Property. Except in connection with the
performance of its obligations under this section, the Owners shall not make any alterations,
additions, or improvements, such as adding concrete flatwork or wood decks in the Encroachment
Area or any other portion of the Utility Easement without the prior express authorization of the
Governing Body.
Section 3. Effective Date; Term. This resolution shall be effective upon its adoption,
and shall continue until either demolition or removal of the permanent in ground pool and storage
shed on the Property as installed and maintained at the location depicted on Exhibit A or vacation of
the utility easement by the Governing Body.
Section 4. Recording. The City Clerk is directed to record a copy of this resolution
with the Saline County Register of Deeds.
Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of June,
2020.
Michael L. Ho.:ock, Mayor
(SEAL)
ATTEST:
4/
�.( GAO
Cheryl Mere is, Deputy City Clerk
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