23-11176 Vacating a Portion of Drainage Easement in Stone Lake (Summary published in The Salina Journal on October q, 2023)
Postcd on the City of Salina wcbsitc from October CI to OctnhAr I(`p, 7073)
ORDINANCE NUMBER 23-11176
AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A FIFTY-FIVE
FOOT PUBLIC DRAINAGE EASEMENT, LEAVING IN PLACE A TWENTY-FOOT
PORTION THEREOF, ON LOTS EIGHTEEN AND NINETEEN,BLOCK FOUR,IN THE
STONE LAKE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
TaC
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On September 25, 2023 the Governing Body
conducted a public hearing("Public Hearing")on the petition filed by Kelly Dunn,Craig Piercy and
Tod Roberg on behalf of Stone Lake Development, LLC ("Petitioner"), requesting vacation of the
following described portion of a drainage easement(the"Vacated Portions of a Drainage Easement").
Drainage Easement
Portions of a fifty-five foot (55') drainage easement more particularly described as follows:
A tract of land located in Lot 18 and Lot 19,Block 4, Stone Lake Addition,City of Salina,Saline
County, Kansas and more particularly described as follows: (description written by John F.
Harvey, P.S. 1426, on September 11th, 2023)
Commencing at the Northwest corner of said Lot 19;thence on the north line of said Lot 19 on a
platted bearing of North 55°43'45" East, a distance of 15.33 feet to the platted utility easement
line and Point of Beginning;thence South 46° 10'38"East on said utility easement line a distance
of 28.1 feet to the South line of the platted drainage easement;thence North 55°43'45" East on
said drainage easement line,a distance of 248.06 feet to the East line of said Lot 19;thence North
45°48'52"West on the East line of said Lot 19,a distance of 9.85 feet;thence South 61° 10' 16"
West,a distance of 254.34 feet to the platted utility easement line;thence on the utility easement
a curve to the left with a chord direction of South 45° 54' 56" East, a chord distance of 3.24 feet
and a radius of 355.00 feet;thence South 46° 10'38"East on the utility easement line,a distance
of 3.16 feet to the Point of Beginning. Said tract contains 5,386 square feet more or less.
AND
A tract of land located in Lot 18, Block 4, Stone Lake Addition, City of Salina, Saline County,
Kansas and more particularly described as follows: (description written by John F. Harvey, P.S.
1426 on September 11th, 2023)
Commencing at the Southwest corner of said Lot 18; thence on the West Boundary of said Lot
18,a curve to the right,on an assumed chord bearing of North 43° 57'55"West,a chord distance
of 28.56 feet, and a radius of 370.00 feet;thence North 61° 10' 16" East,a distance of 15.41 feet
to the platted utility easement and the Point of Beginning; thence North 61° 10' 16" East, a
distance of 253.65 feet to the east line of said Lot 18;thence North 45°48' 52" West on the East
line of said Lot 18,a distance of 25.38 feet to the North line of the platted drainage;thence South
55°43'45" West on the North line of the platted drainage easement,a distance of 247.54 feet to
the platted utility easement;thence on the platted utility easement,a curve to the left,with a chord
1
1
1
bearing of South 42° 14'37" East,a chord distance of 0.82 feet and a radius of 355.00 feet to the
Point of Beginning. Said tract contains 3,396 square feet more or less.
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 Vacated Portions of a
Drainage Easement because it is exclusively a drainage easement and no public or franchise
utilities are located within this easement. A portion of the easement will be retained and
continue to function as a drainage easement.
(C)No private rights will be injured or endangered because vacation of the Vacated Portions of
a Drainage Easement will not affect any other properties or property owners besides the
Petitioner.
(D) That in justice to the Petitioner,vacation of the Vacated Portions of a Drainage Easement
should be granted because the original fifty-five foot(55') easement width no longer serves a
public purpose and is inhibiting future construction on Lots 18 and 19, Block 4 of Stone Lake
Addition.
(E)The public interest is promoted by the vacation of the Vacated Portions of a Drainage
Easement because it would facilitate the use of Lots 18 and 19 as residential building lots.
Section 3. Order of Vacation. The Vacated Portions of a Drainage Easement is ordered
vacated and shall revert in accordance with Kansas law.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds,this vacation of the Vacated Portions of a Drainage Easement relates to the
tract of real property described as Lots 18 and 19,Block 4 in the Stone Lake 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. 23-11176 Summary
On October 2,2023,the City of Salina,Kansas,passed Ordinance No.23-11176.The ordinance vacates
a portion of a fifty-five foot (55') drainage easement located on Lots 18 and 19, Block 4 in the Stone
Lake Addition which contains a storm pipeline instead of the originally designed drainage swale. 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.
1
1
1
Introduced: September 25, 2023
Passed: October 2, 2023
o
Michael L. Hoppock, Mayor
[SEAL]
8 ATTEST:
` ,
Nikki Goding, City Clerk
The publicatio ummary set forth above is certified this yll?lay of October, 2023.
Gr . Bengtso Attor ey
{
1
1
1