ORDINANCE NUMBER 14-10734
AN ORDINANCE ORDERING THE VACATION OF A SEVEN FOOT (7’) UTILITY EASEMENT LOCATED ON THE WEST SEVEN FEET (7’) OF LOTS THIRTEEN (13) AND FOURTEEN (14), BLOCK ONE (1) OF THE HOLIDAY 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. On April 7, 2014 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by George Stein, President of SCR, Inc. ("Petitioner") requesting vacation of the following described utility easement:
A platted public utility easement located on the West Seven Feet (7’) of Lots Thirteen (13) and Fourteen (14), Block One (1) of the Holiday Addition to the City of Salina, Saline County, Kansas.
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 the easement formerly contained a Westar overhead electric line which has now been relocated from the easement area. No other public or franchise utilities are located in the easement.
(C) No private rights will be injured or endangered by the vacation because the Petitioner owns all the property abutting the easement.
(D) In justice to the Petitioner, vacation of the seven foot (7’) utility easement should be granted because the continued presence of the seven foot (7’) public utility easement no longer serves a public purpose due to the relocation of the overhead electric line and the continued presence of the seven foot (7’) utility easement impairs the Petitioner’s ability to develop and use the property to the west.
(E) The public interest is promoted by the vacation of the public utility easement because it would allow the Petitioner to build on what is currently a vacant, undeveloped lot.
Section 3. Order of Vacation. That the seven foot (7’) utility easement located on West Seven Feet (7’) of Lots Thirteen (13) and Fourteen (14), Block One (1) of the Holiday Addition to the City of Salina, Kansas is hereby ordered vacated.
Section 4. Recording. 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 Lots Thirteen (13) and Fourteen (14), Block One (1) of the Holiday Addition to the City of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 14-10734 Summary
On April 14, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10734. The ordinance vacates a seven (7’) public utility easement on Lots Thirteen (13) and Fourteen (14), Block One (1) of the Holiday Addition 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 6. Effective Date. That this ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.
Introduced: April 7, 2014
Passed: April 14, 2014
Aaron Householter, Vice-Mayor
Shandi Wicks, CMC, City Clerk