24-11203 Vacation of Utility Easement Between N Santa Fe and N 5th St North of Pine St, Original Town (Published on the City of Salina's website(https://www.salina-ks.gov) on April 21,2024.)
ORDINANCE NUMBER 24-11203
AN ORDINANCE ORDERING THE VACATION OF A TEN-FOOT WIDE NORTH-SOUTH ,
PUBLIC UTILITY EASEMENT LOCATED BETWEEN NORTH SANTA FE AVENUE AND
Z NORH FIFTH STREET NORTH OF PINE STREET IN THE ORIGINAL TOWN(NOW CITY)
OF SALINA, SALINE COUNTY, KANSAS.
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.53 BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On April 22, 2024, the Salina City Commission
conducted a public hearing("Public Hearing")on the petition filed by Dan Kieborz on behalf of Ryan
Roofing, Inc. ("Petitioner")requesting vacation of a ten-foot wide north-south public utility easement
located between North Santa Fe Avenue and North Fifth Street north of Pine Street in the Original
Town(now City) of Salina, Saline County, Kansas, legally described as follows:
The North-South Utility Easement that abuts a portion of Lot 6 and even numbered Lots
8-18 on Fifth Street and a portion of Lot 5 and odd numbered Lots 7-17 on Santa Fe
Avenue in the Original Town(now City)of Salina,Saline County,Kansas(the"Utility
Easement")
Section 2. Findings and Conclusions. The Governing Body determines from the evidence
presented:
(A) Due and legal notice has been given by publication as required by law.
(B) The public will suffer no loss or inconvenience by this Utility Easement because this
easement does not contain any public or franchise utility lines.
(C)No private rights will be injured or endangered because vacation of this Utility Easement
and would only impact Ryan Roofing's property.The Petitioner owns all property abutting the
utility easement to be vacated.
(D) In justice to the Petitioner,vacation of the Utility Easement should be granted because the
continued presence of the easement no longer serves a public purpose and is inhibiting the
Petitioner's ability to construct a building on their property.
(E)The public interest is promoted by the vacation of the Utility Easement because there are no
existing public or franchise utilities within the easement area and the Utility Easement no longer
serves a public purpose.
Section 3. Order of Vacation. The Utility 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 Utility Easement relates to the tract of real property
described as:
A portion of lots 6 and even numbered Lots 8-18 on Fifth Street and a portion of Lot 5
and odd numbered Lots 7-17 on Santa Fe Avenue in the Original Town (now City) of
Salina, Saline County, Kansas
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Section 5. Publication. The City Clerk shall cause this ordinance,as soon as practicable after
it has been passed and signed, to be published on the City's website as the designated official city
newspaper.
Section 6. Effective date. This ordinance shall be in full force and effect from and after its
publication.
Passed: April 22, 2024
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Bill Longbine, M., or
[SEAL] '
ATTEST:
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Nikki Goding, City Clerk