ORDINANCE NUMBER 16-10832
AN ORDINANCE ORDERING THE VACATION OF RIGHT-OF-WAY FOR SOUTH FOURTH STREET IN THE GROUNDS OF KANSAS WESLEYAN UNIVERSITY 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 5, 2016, the Salina City Planning Commission conducted a public hearing (“Public Hearing”) on the petition filed by Kansas Wesleyan University ("Petitioner") requesting vacation of South Fourth Street abutting the College Campus in the Grounds of Kansas Wesleyan University Addition in the City of Salina, Saline County, Kansas, more particularly described as follows:
Right-of-Way Vacation Description:
The right-of-way for the west side of South Fourth Street, in the Grounds of Kansas Wesleyan University Addition to the City of Salina, Saline County, Kansas being more particularly described on the attached and depicted on the attached and incorporated Exhibit A (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) Kansas Wesleyan University owns both sides of the entire Fourth Street frontage between Claflin Avenue and Cloud Street and no other property owner would be directly affected by the street closure.
(C) The complete closure of Fourth Street would enhance the safety of pedestrians traveling between the main campus and Graves Family Athletic complex.
(D) Kansas Wesleyan’s plans for the area proposed to be closed and vacated would enhance the aesthetic appearance of their campus and the corridor between Claflin Avenue and Cloud Street.
(E) The Salina Fire Department has concluded that emergency access to campus facilities can be maintained under the plans submitted by Kansas Wesleyan and that emergency response time from Station No. 2 would not be negatively impacted by the closure and elimination of Fourth Street.
(F) A traffic study prepared on behalf of the petitioner concluded that while the closure of Fourth Street will affect the level of service performance at street intersections around the Kansas Wesleyan campus it will not create unsafe conditions at these intersections because the overall traffic volumes will continue to be low.
(G) No public or franchise utility provider objects to the closure of Fourth Street and the vacation of the right-of-way for the west side of Fourth Street as long as a utility easement is retained.
(H) Closure of South Fourth Street will not deprive any other private property of street access or affect the developability of any neighboring property. No private rights will be injured.
(I) The general public will suffer no loss or inconvenience as a result of the permanent closure of South Fourth Street because alternative northbound and southbound routes are available.
Section 3. Order of Vacation. The Right-of-Way is ordered vacated, subject to the following conditions:
- The petitioner is responsible for the cost of all pavement removal on South Fourth Street.
- The entire vacated right-of-way shall be retained as a public utility/drainage easement;
- The petitioner shall construct a fire access lane along the east side of the Student Activities Center to ensure continued emergency vehicle access to the all campus buildings and facilities.
- The petitioner shall be responsible for installing a crosswalk on Cloud Street opposite the south entrance gate to the stadium.
and shall revert to the College Campus in the Grounds of Kansas Wesleyan University Addition to the City of Salina, Saline County, Kansas in accordance with K.S.A. 13-443.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of street right-of-way relates to the tract of real property described as College Campus in the Grounds of Kansas Wesleyan University Addition, City of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 16-10832 Summary
On May 2, 2016 the City of Salina, Kansas, passed Ordinance No. 16-10832. The ordinance closes and vacates the west side of South Fourth Street as a public street between Claflin Avenue and Cloud Street, which is no longer needed to provide public street access to adjacent properties. 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. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper.
Introduced: April 25, 2016
Passed: May 2, 2016
Kaye J. Crawford, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney