News Releases

11/25/2014 - Ordinance No.14-10757 Vacation of a Portion of an Alley Front Street and Second Street

ORDINANCE NUMBER 14-10757

 

AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TEN FOOT (10’) ALLEY ABUTTING LOT FIFTY-ONE (51) ON FRONT STREET AND LOT ONE HUNDRED THREE (103) ON SECOND STREET IN THE ORIGINAL TOWN (NOW 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 November 17, 2014 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by CWW Enterprises, LP. ("Petitioner") requesting vacation of the following described public alley:

 

A portion of a 10 foot north-south alley beginning at point 141.35 feet north of the north right-of-way line of Iron Avenue and ending at a point 151.35 feet north of the north right-of-way line of Iron Avenue abutting Lot Fifty-one (51) on Front Street and Lot One Hundred-three (103) on Second Street in the Original Town (now City) of Salina, Saline County, Kansas.

 

Section 2.  Findings and Conclusions.    The governing body determines from the evidence presented:  

  1. Due and legal notice has been given by publication as required by law.  
  2. The public will suffer no loss or inconvenience by the vacation of the alleyway because the vacation of a 10 ft. x 10 ft. square of the alley only impacts the grocery store property and will not impact access to the properties to the north. No public or franchise utilities are located in the alley, except for a public sanitary sewer line and a public utility easement is being retained for this sewer line.
     
  3. No private rights will be injured or endangered by the requested alley vacation because the Petitioner owns the abutting property on three (3) sides of the portion of alley requested to be vacated and alley access to the properties to the north will still be available. 
     
  4. In justice to the Petitioner, vacation of the ten foot (10’) by ten foot (10’) portion of platted alley should be granted because the continued presence of the ten foot (10’) by ten foot (10’) alley right-of-way no longer serves a public purpose and the continued presence of the ten foot (10’) alley right-of-way in this location has been identified as an encroachment by the Petitioner’s title company.
     
  5. The public interest is promoted by the vacation of the public alley because it would allow the Petitioner to obtain clear title to the grocery store property.

Section 3.  Order of Vacation.  A portion of a 10 foot north-south alley beginning at point 141.35 feet north of the north right-of-way line of Iron Avenue and ending at a point 151.35 feet north of the north right-of-way line of Iron Avenue abutting Lot Fifty-one (51) on Front Street and Lot One Hundred-three (103) on Second Street in the Original Town (now City) of Salina, Saline County, Kansas is hereby ordered vacated.

Section 4. Reversion of Alley Right-of-Way. Because CWW Enterprises, LP owns the abutting property on the west, east and south sides of the proposed vacation area, ownership of the vacated alley area shall revert back entirely to the owner of Lot Fifty-one (51) on Front Street and Lot One Hundred Three (103) on Second Street in the Original Town (now City) of Salina. 

Section 5. Retention of Public Utility Easement. The vacated alley right-of-way legally described in Section 3. above is hereby ordered to be retained as a Public Utility Easement for the existing sanitary sewer line.  

Section 6.  Recording.   For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this alley vacation relates to the tract of real property described as Lot Fifty-one (51) on Front Street and Lot One Hundred Three (103), on Second Street in the Original Town (now City) of Salina, Saline County, Kansas 

Section 7.  Summary of ordinance for publication.   This ordinance shall be published by the following summary:

                                                  Ordinance No. 14-10757 Summary

On November 24, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10757. The ordinance vacates a portion of a ten (10’) north-south public alley abutting Lot Fifty-one (51) on Front Street and of Lot One Hundred Three (103) on Second Street in the Original Town (now City) but retains a public utility easement. 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 8.  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:  November 17, 2014
Passed:        November 24, 2014

Aaron K. Householter, Mayor

[SEAL]  

ATTEST:

Shandi Wicks, CMC, City Clerk 

Certification of Publication Summary:  

Greg A. Bengtson, City Attorney