6/28/2013 - ORDINANCE #12-10666 Vacation of Magnolia Road East-West Utility Easement
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY FOOT (20’) UTILITY EASEMENT LOCATED ON LOT ONE (1), BLOCK ONE (1) IN THE MAGNOLIA HILLS ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. That on November 19, 2012 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by Eric Lund on behalf of First Covenant Church ("Petitioner") requesting vacation of the west seventy feet (70’) of the following described utility easement:
A tract of land in Lot One (1), Block One (1), Magnolia Hills Addition to the City of Salina, Saline County, Kansas, and described as follows:
Commencing at the Southwest corner of said Lot One (1); thence Easterly along the South line of said Lot One (1), on a platted bearing of N 89° 26’ 39” E, a distance of five hundred thirty five feet (535’) to a point on the West line of a twenty foot (20’) wide platted Utility Easement; thence N 00° 00’ 00” E along said West line, a distance of five hundred twenty feet (520’) to the point of beginning; thence continuing N 00° 00’ 00” E, along said West line, a distance of twenty feet (20’); thence N 90° 00’ 00” W, a distance of eighty feet (80’); thence S 00° 00’ 00” E, a distance of twenty feet (20’); thence S 90° 00’ 00” E, a distance of eighty feet (80’) to the Point of Beginning.
The requested utility easement vacation will allow construction of a covered drop off canopy on the east side of the church’s Family Life Center addition.
Section 2. Findings and Conclusions. That 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 location because the easement formerly contained a public water main and fire hydrant and the fire hydrant has been relocated and the water main is no longer in use. No other public or franchise utilities are located in the twenty foot (20’) easement.
(C) No private rights will be injured or endangered because the relocated fire hydrant provides adequate protection to the church’s building addition.
(D) That in justice to the Petitioner vacation of the utility easement should be granted because the continued presence of a public utility easement no longer serves a public purpose due to the relocation of the fire hydrant.
(E) The public interest is promoted by the vacation of the public utility easement because it would allow the petitioner to construct a weather protected drop off area for members of and visitors to the church building.
Section 3. Order of Vacation. That the west seventy feet (70’) of the twenty foot (20’) east-west utility easement located five hundred twenty feet (520’) north of Magnolia Road on Lot One (1), Block One (1) in the Magnolia Hills Addition to the City of Salina, Kansas is ordered vacated.
Section 4. Recording. That for the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of utility easement relates to the tract of real property described as Lot One (1), Block One (1) in the Magnolia Hills Addition to the City of Salina, Saline County, Kansas.
Section 4. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 12-10666 Summary
On November 26, 2012, the City of Salina, Kansas, passed Ordinance No. 12-10666. The ordinance vacates a portion of a twenty foot (20’) public utility easement on Lot 1, Block 1 of the Magnolia Hills Addition (First Covenant Church) which no longer contains any public utilities. 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 5. Effective Date. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper.
Introduced: November 19, 2012
Passed: November 26, 2012
Reconsidered: December 3, 2012
Norman M. Jennings, Mayor
Lieu Ann Elsey, CMC, City Clerk