News Releases

8/5/2022 - Ordinance No. 22-11127

                                                                                                                                                                    ORDINANCE NUMBER 22-11127

 

AN ORDINANCE ORDERING THE VACATION OF A TWENTY FOOT WIDE PLATTED RIGHT-OF-WAY LOCATED IN BLOCK 8 BETWEEN CHICAGO STREET AND BROADWAY BOULEVARD AND A TWENTY FOOT WIDE PLATTED ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 14 BETWEEN CHICAGO STREET AND BROADWAY BOULEVARD IN THE ELMDALE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS, AND RESERVING TO THE CITY A PUBLIC UTILITY AND ACCESS EASEMENT IN, OVER, UNDER, AND THROUGH THE ENTIRE VACATED ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 8 AND A PUBLIC UTILITY EASEMENT OVER,UNDER AND THROUGH THE EAST FIFTY FEET OF THE ALLEY VACATED IN BLOCK 14.

 

          BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

     

Section 1.  Petition and Public Hearing.   On July 25, 2022, the Salina City Commission conducted a public hearing (“Public Hearing”) on the petition filed by Salina Concrete Products,Inc. ("Petitioner") requesting vacation of a twenty foot (20’) east-west alley between Chicago Street and Broadway Boulevard abutting Lots 1-7 and Lot 8-14 in Block 8 and a twenty foot (20’) east-west alley between Chicago Street and Broadway Boulevard abutting Lots 1-7 and Lots 8-14 in Block 14 of the Elmdale Addition to the City of Salina, Saline County, Kansas, legally described as follows:  

 

The East-West Alleys that abut Lots 1-7 and Lots 8-14, Block 8 and Lots 1-7 and Lots 8-14, Block 14, Elmdale Addition, City of Salina, Saline County, Kansas  (the “Right-of-Way”)

 

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 this alley right-of-way because neither alley has been used for public vehicle access.  Public utility easements are being retained to protect existing public and franchise utility lines.  

 

(C) No private rights will be injured or endangered because vacation of the alley right-of-way would only impact Salina Concrete Products’ property. The Petitioner owns all property abutting the right-of-way to be vacated.  

 

(D)  In justice to the Petitioner, vacation of the alley right-of-way should be granted because the continued presence of the alley right-of-way no longer serves a public purpose and is inhibiting the ability of the Petitioner to convey fee title to their property on Chicago Street.

 

(E) The public interest is promoted by the vacation of the alley right-of-way because it would eliminate public ownership of two strips of land that are not being used or maintained by the public.

 

 

Section 3.  Order of Vacation and Reservation of Public Utility and Access Easement.  The Right-of-Way is ordered vacated, subject to the City’s reservation of a public utility and access easement in, over, under, and through the entire vacated Right-of-Way in Block 8 and a public utility easement for a guyed wire in, over and under and through the East 50 ft. of the vacated Right-of-Way in Block 14.

 

          Section 4.  Reversion.  Subject to the reserved public utility and access easement, the vacated Right-of-Way and shall revert in accordance with K.S.A. 13-443 to:

 

Lots 1-7 and Lots 8-14, Block 8 and Lots 1-7 and Lots 8-14, Block 14, Elmdale Addition to the City of Salina, Saline County, Kansas.

 

Section 5.  Recording.   For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of the Right-of-Way relates to the tracts of real property described as:

 

 Lots 1-7 and Lots 8-14, Block 8 and Lots 1-7 and Lots 8-14, Block 14, Elmdale Addition to the City of Salina, Saline County, Kansas.

 

Section 6.  Effective Upon Adoption and Publication by Summary.   This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary:

 

Ordinance No. 22-11127 Summary

 

On August 1, 2022 the City of Salina, Kansas, passed Ordinance No. 22-11127. The ordinance vacates two twenty foot wide east-west alleys located north of Ash Street and west of Chicago Street in Block 8 and Block 14 of the Elmdale Addition to the City of Salina, Kansas, which no longer serve a public purpose, and retains a public utility easement in Block 8 and a portion of Block 14 in its place. 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.

 

 

Introduced:  July 25, 2022

Passed:        August 1, 2022

 

Trent W. Davis, M.D., Mayor

 

ATTEST:

JoVonna A. Rutherford, City Clerk