97-9845 Vac Belmont Plaza(Published in The Salina Journal December Ia , 1997)
ORDINANCE NUMBER 97-9845
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF
THE PUBLIC DRAINAGE EASEMENT LOCATED ON LOT ONE (1) , BLOCK ONE
(1) , REPLAT OF LOT THREE (3) , BLOCK THREE (3) , BELMONT PLAZA
ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
(Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That on December 8, 1997, the governing body
conducted
a public hearing on the petition of
Salina Building Systems, Inc.,
Dickinson,
Inc., and Belmont Hotels, L.L.C. ( "Petitioners") requesting
vacation of
a portion of the
drainage easement
located on Lot One (1) , Block
One (1) ,
replat of Lot three
(3) , Block Three
(3) , Belmont Plaza Addition to
the City
of Salina, Saline
County, Kansas,
more particularly described as
follows:
A tract of
land
located in Lot One -revised, Block One (1) ,
Replat of
Lot Three
(3) ,
Block Three (3) , Belmont Plaza Addition to
the City
of Salina,
Saline
County, Kansas.
Commencing at a point on the East right-of-way line of Interstate
Highway 135, said point also being the Southwest corner of said Lot
One -revised;
- Thence North Zero degrees Fourteen minutes Fifty-five seconds
West (N.00°14'55"W.) of said Lot One -revised a distance of Two
Hundred Sixty and Four Hundredths (260.04) feet;
- Thence South Eighty-nine degrees Forty-seven minutes
Seventeen seconds East (S.89047117"E.) a distance of Forty-two (42)
feet to the point of beginning of the easement vacation to be
described;
- Thence North Zero degrees Fourteen minutes Fifty-five seconds
West (N.00014'55"W.) a distance of Sixty-nine and Sixty-four
Hundredths (69.64) feet;
- Thence South Eighty-nine degrees Forty-six minutes Thirty-two
seconds East (S.89046'32"E.) a distance of Sixty-eight and One
Hundredth (68.01) feet;
- Thence South Zero degrees Fourteen minutes Fifty-five seconds
East (S.00°14'55"E.) a distance of Sixty-nine and Sixty-two
Hundredths (69.62) feet;
- Thence North Eighty-nine degrees Forty-seven minutes
Seventeen seconds West (N.89°47'17"W.) a distance of Sixty-eight
and One Hundredth (68.01) feet to the Point of Beginning.
The above described Drainage Easement to be vacated contains Four
thousand Seven Hundred and Thirty-five (4,735) square feet, more or less.
Section 2. That the governing body finds from the evidence
presented at the public hearing that:
(a) Due and legal notice has been given by publication as required
by law.
(b) No private rights will be injured or endangered by vacation of
the Drainage Easement.
(c) In justice to the Petitioner vacation of the Drainage Easement
should be granted.
Section 3. That the Drainage Easement is hereby vacated and shall
revert to the owners of Lot 1, Block 1, Replat of Lot Three (3), Block Three
(3), Belmont Plaza Addition to the City of Salina, Saline County, Kansas.
CmmIiNlM '.
Section 4. That the petitioners shall provide for the design,
construction,
and dedication
of additional drainage easement for a
new
stormwater detention
basin at
the southwest corner of Lot One (1) , Block
One
(1) , Replat of
Lot Three (3) ,
Block Three (3) , Belmont Plaza Addition to
the
City of Salina,
Saline County,
Kansas. In addition, the petitioners shall
sign
and record the
"Declaration of
Covenants," attached hereto as Exhibit "A".
If
this condition is not met within Twelve (12) months of approval of this
ordinance, the vacation shall be rescinded and the drainage easement and
stormwater detention basin shall remain in place.
Section 5. That this ordinance shall be in full force and effect
from and after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
D. L n CMC Ci Cl rk
g, e
Introduced: December 8, 1997
Passed: December 8, 1997
istin M. Seon,Mayor
"EXHIBIT A"
'CORK9 iWakt,4 =
Belmont Hotels, L.L.C. a Kansas limited liability company, the
fee owner of the following described real estate (the "Belmont
Lot") located in the City of Salina, County of Saline, State of
Kansas, the same being the real property duly platted as Lot 1 -
Revised, Replat of Lot 3, Block 3, Belmont Plaza Addition, a
subdivision in the City of Salina, as such plat is now recorded in
Plat Book A-10, at Page 28, of the records in the office of the
Register of Deeds of Saline County, Kansas, hereby makes the
following declarations as to the limitations, restrictions and
covenants concerning the Belmont Lot and hereby specifies that such
declarations shall constitute covenants to run with the land as
provided by law and shall be binding on Belmont Hotels, L.L.C. and
all persons claiming under them and for the benefit of and the
limitations of all future owners_ of the Belmont Lot (the 'Lot
Owner") and the City of Salina, Kansas (the "City"):
(1) The Lot Owner shall be responsible for, and agrees to
construct and maintain and to keep in a good state of
repair to the satisfaction of the City, the easement for
storm water drainage, the legal description of which is
attached hereto as Exhibit A and incorporated herein by
reference (the "Drainage Easement") , required by the City
and located within the Belmont Lot, but used for the
benefit of all platted lots within the Belmont Plaza
Addition.
(2) The Lot Owner agrees that, in the event of its failure to
comply with the covenants contained in the foregoing
Paragraph (1), that the City, either on its own behalf or
at the request of any other owner (a) of the lots) within
the Belmont Plaza Addition, may perform the construction,
maintenance and/or repair of the Drainage Easement.
(3) Any costs incurred by the City in the construction,
maintenance or repair of the Drainage Basement located
within the Belmont Lot, and used for the benefit of the
Belmont Plaza Addition, shall be assessed and charged
against the Belmont Lot. The City Clerk shall, at the
time of certifying the City tastes to the County Clerk,
certify the aforesaid coots and the County Clerk shall
extend the same of the tax roles of the County against
said Belmont Lot and it shall be collected by the County
Treasurer and paid to the City as other City taxes are
collected and paid. The City may, in lieu of levying the
maintenance coats against the Lot Owner of the Belmont
Lot as above provided, maintain an action against the Lot
Owner to collect the costs of said construction,
maintenance or repair in the same manner as any other
obligation owed the City might be collected.
This instrument shall not be amended or modified in any manner
without the prior approval of the Planning Commission and the
governing body of the City of Salina, Saline County, Kansas.
IN WITNESS WHERSOF, Belmont Hotels, L.L.C., has caused this
Declaration of Covenants to be executed this day of December,
1997.
BELMONT HOTELS, L.L.C., a Kansas
limited liability company
By:
Title:
Prints Name:
STATS OF )
COUNTY OF
On this day of December in the year 1997 before me,
, a Notary Public in and for said state,
personally appeared ,
of Belmont Motels, L.L.C., at Kansas limited
liMlity company known to me to be the person who executed the
within Declaration of Covenants in behalf of said corporation and
acknowledged to me that he executed the same for the purposes
therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in If
, the day and year last above written.
My Commission Expires:
RCNUN 19U. KCI/dM
Notary Public
2