21-11063 Easement Vacation Schilling Subdivision (recorded with Register of Deeds)"' "'
z
ll. w
"' .s
'" If)
~
"' :!l g
c:
8
(Summary published in The Salina Journal on -S,J4 { _, 2021)
Posted on the City of Salina website from -.J1,0l,f 2-to :Tclly tie , 2021)
ORDINANCE NUMBER 21-11063
AN ORDINANCE ORDERING THE VACATIO N OF A THIRTY-FIVE F O OT PUBLIC
UTILITY EASEMENT, EXCEPT THE NO RTH TEN FEET THEREO F, O N L O TS SEVEN
AND EIGHT, BLOCK FIFTEEN IN SCHILLING SUBDIVISI O N NUMBER FIVE 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 June 21, 2021 the Governing Body conducted a
public hearing ("Public Hearing") on the petition filed by Elizabeth Naylor on behalf of Score Rite
Properties, LLC ("Petitioner"), requesting vacation of the following described portion of a utility
easement.
Utility Easement
A portion of a thirty-five foot (35') utility easement beginning at a point ten feet (10') south
of the north property line of Lot 7 and 8, Block 15 to a point eighty-five feet (85') north of the
the south property line of Lots 7 and 8, Block 15 of Schilling Subdivision No. 5, an addition
to the City of Salina, Saline County, Kansas . ("Utility 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 Utility Easement
because no public or franchise utilities are located within the Utility Easement. The Utility
Easement has never been used for the installation of public or franchise utilities.
(C) No private rights will be injured or endangered because vacation of the Utility Easement
will not affect any other properties or property owners besides the Petitioner.
(D) That injustice to the Petitioner vacation of the Utility Easement should be granted because
the continued presence of the Utility Easement no longer serves a public purpose and is
inhibiting construction of a new covered loading dock at the rear of the building located on Lot
8.
(E) The public interest is promoted by the vacation of the Utility Easement because it would
facilitate the sale and reuse of a vacant industrial building.
Section 3. Order of Vacation. The Utility Easement is ordered vacated and shall revert in
accordance with K.S.A . 13-443. I llll lll l llll lllll Ill II I Ill ll lll llll l llll l llll ll lll l ll lll lllll 11 1111 111 /I I Ill ll ll lll l
,,,,,;;.~~::;.~-~ , REBECCA SEEMAN
r,-(;~, .. ,;~-~-.\REGISTER OF DEEDS SALINE COUNTY KANSAS
1? ... ~·;;.:>::}Boc:>k:1396 Page: 1407-1409
'•,._;,~~£,:.;.,'Receipt#: 135959 +Recording Fee: $0.00
Pages Recorded: 3 (... N +
Date Recorded: 7/2/2021 3:48:14 PM
f
"' "'
z a..
UJ .,
.~
<ii en ..:,
* :g
0
"' c
0 u
Boole 1396 Page: 1408
Section 4. Recording. For the purpose ofrecording this ordinance with the office of the Saline
County Register of Deeds, this vacation of the Utility Easement relates to the tract of real property
described as Lots 7 and 8, Block 15 in Schilling Subdivision No. 5 in 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. 21-11063 Summary
On June 28, 2021, the City of Salina, Kansas , passed Ordinance No. 21-11063 . The ordinance vacates a
portion of a thirty-five foot (35') utility easement located on Lots 7 and 8, Block 15 in Schilling
Subdivision No.5 which has never been used for the installation of public or franchise 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 summary publication once in the official city newspaper.
JoVonn
Introduced: June 21, 2021
Passed: June 28, 2021
Melissa Rose Hodges, Mayor
The publication summary set forth above is certified this 28th day of June, 2021.
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No . 21-11063 that was
adopted by the Govemina Bod of the City of Salina
at the' ee( on Ju 28 , 21 .
19
. I I·
....... ,. . = :-:::::::::-:d::::: \)..\
JUMPER ~ ~
············ 223.0J.' .......... 7 :::~.:::-::::·:-:.~.~:.;:::,:.:~ ~
~f1/ 1 I~ c!.
22J.OJ'
140.79'
141 .61'
j
:j
195.00' 95.00 '
290.00'
::::::j
7
9J.97'
4
14
&t'lfl
2642.11