24-11204 Vacation of Utility Easement Between Lots 3 and 6, Block 2, Brock Addition (Recorded with ROD) 1111EI iiia 11II iii 1111111111 iiui 111111ii111iii1l II i11111iii11II ii 1111 IHII
REBECCA SEEMAN
{ " "'"�`ry:',REGISTER OF DEEDS SALINE COUNTY KANSAS
�T c`w Ci'�RTr^'�;��
t: .o:: 3 ?Book:1437 Page: 1577-1579
Receipt #: 152170 I Recording Fee: $0.00
Pages Recorded: 3C
Date Recorded: 4/23/2024 3:57:16 PM
ORDINANCE NO. 24-11204
RECORDING FEES: $0.00
RETURN TO:
CITY CLERK
ROOM 206
• (Published on the City of Salina website (https://www.salina-ks.gov) on Apri13, 2024.)
Book /1/ 7 Page !t-73'
ORDINANCE NUMBER 24-11204
AN ORDINANCE ORDERING THE VACATION OF A TWENTY-FOOT-WIDE NORTH-
SOUTH PUBLIC UTILITY EASEMENT LOCATED ON THE COMMON LOT LINE
Z BETWEEN LOTS 3 AND 6, BLOCK 2 OF THE BROCK ADDITION TO THE CITY OF
SALINA, SALINE COUNTY, KANSAS.
I'
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On April 22, 2024 the Governing Body conducted a
public hearing ("Public Hearing") on the petition filed by Jessica and Eric Sean Kindlesparger on
behalf of JKindle, Inc. ("Petitioner") requesting vacation of the following described public utility
easement:
The twenty-foot (20') wide north-south public utility easement located on the common lot line
between Lots 3 and 6, Block 2 of the Brock Addition to the City of Salina, Saline County,
Kansas (the "Utility Easement").
The requested utility easement vacation will allow development of a multi-family residential
apartment building by the Petitioners.
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 the vacation of the Utility Easement
because no public or franchise utilities are located in the easement being requested for vacation.
(C)No private rights will be injured or endangered because vacation of the Utility Easement will
not affect any other properties or property owners.
(D) That in justice to the Petitioner vacation of the Utility Easement should be granted because
the continued presence of the public utility easement no longer serves a public purpose and is
inhibiting construction of a proposed multi-family residential apartment building by the
petitioners.
(E) The public interest is promoted by the vacation of the Utility Easement because there are
no public or franchise utilities located 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 a Utility Easement relates to the tract of real property
described as Lots 3 and 6,Block 2,of the Brock Addition to the City of Salina,Saline County,Kansas.
. Book 1437 Page: 1579
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
•
Bill Lo gbine, cr-a or `--
[SEAL]
ATTEST:
Nikki oding, City Clerk
X16
1v
I