05-10277 Vacate Schilling SubL7
(Published in the Salina Journal on JanuaryoV, 2006)
ORDINANCE NUMBER 05-10277
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF A 20 -
FOOT NORTH -SOUTH PUBLIC UTILITY EASEMENT IN LOT 15, AND A PORTION OF A
30 -FOOT EAST -WEST PUBLIC UTILITY EASEMENT ALONG THE SOUTH LINE OF LOT
16, SCHILLING SUBDIVISION #5 TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on May 16, 2005, the governing body conducted a public hearing on the
petition filed by Gary Komrska with Tippman Construction, Inc., representing Schwan's Food
Manufacturing, Inc. ("Petitioner") requesting vacation of a portion of a 20 -foot north -south public utility
easement in Lot 15, and a portion of a 30 -foot east -west public utility easement along the south line of
Lot 16, Schilling Subdivision #5 in the City of Salina, Saline County, Kansas, more particularly
described as:
that:
Approximately the north 290 feet of 20 foot wide north -south utility easement
lying in the Lots 14 & 15, Block 12, Schilling Subdivision #5.
Approximately the west 375 feet of 30 foot wide east -west utility easement
located along the south line of Lot 16, Block 12, Schilling Subdivision #5.
Section 2. That the governing body finds from the evidence presented at the public hearing
(a) Due and legal notice has been given by publication as required by law.
(b) No private rights will be injured or endangered by the vacation of
portions of the public utility easements.
(c) In justice to the Petitioner public utility easement vacation request shall
be granted.
Section 3. That the public utility easement running through Lots 15 and 16, Block 12,
Schilling Subdivision #5 is hereby vacated and shall revert to the owners of Lots 15 and 16, Block 12,
Schilling Subdivision #5 in the City of Salina, Saline County, Kansas.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
A EST:
Lieu Ann Elsey, City Cl r
Introduced: May 16, 2005
P ed: January 23, 2006
W��4x"_
Deborah Divine, Mayor