ORDINANCE NUMBER 21-11054
AN ORDINANCE ORDERING THE VACATION OF WOODLAND AVENUE EAST OF NORTH FRONT STREET, EXCEPT THE WEST TWO HUNDRED FEET THEREOF, IN THE MARYDALE ADDITION AND REPLAT OF PART OF MARYDALE 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 February 22, 2021 the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Amy LaVelle Frick on behalf of the LaVelle Frick Trust and Saline County ("Petitioners"), requesting vacation of the following described portion of Woodland Avenue:
A portion of Woodland Avenue beginning at a point two hundred feet (200’) east of the east right-of-way line of North Front Street abutting Lots 19-24, Block 1 and Lots 7-12, Block 2 of the Marydale Addition and Lots 4, 5, 6 and 7, Block 1, in the Replat of Part of Marydale Addition to the City of Salina, Saline County, Kansas. (“Street Right-of-Way”).
Section 2. Findings and Conclusions. The Governing Body determines from the evidence presented:
(A) Due and legal notice of the Public Hearing has been given by publication as required by law.
(B) The public will suffer no loss or inconvenience by the vacation of the Street Right-of-Way because no public or franchise utilities are located within the Street Right-of-Way. The Street Right-of-Way for Woodland Avenue has never been improved or used for public vehicle access.
(C) No private rights will be injured or endangered because vacation of the Street Right-of-Way will not affect any other properties or property owners.
(D) That in justice to the Petitioners vacation of the Street Right-of-Way should be granted because the continued presence of the Street Right-of-Way no longer serves a public purpose and is inhibiting construction of a new Saline County law enforcement center and jail.
(E) The public interest is promoted by the vacation of the Street Right-of-Way because it would allow Saline County to construct new Saline County law enforcement center and jail on this site.
Section 3. Order of Vacation. The Street Right-of-Way is ordered vacated and shall revert 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 the Street Right-of-Way relates to the tract of real property described as Lots 19, 20, 21, 22, 23 and 24, Block 1 and Lots 7, 8, 9, 10, 11 and 12, Block 2 of the Marydale Addition and Lots 4, 5, 6 and 7, Block 1 in the Replat of Part of Marydale Addition in 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. 21-11054 Summary
On May 3, 2021, the City of Salina, Kansas, passed Ordinance No. 21-11054. The ordinance vacates a portion of Woodland Avenue east of North Front Street which has never been improved or open to traffic to create a building site for a new Saline County law enforcement center and jail. 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 summary publication once in the official city newspaper.
Introduced: February 22, 2021
Passed: May 3, 2021
Melissa Rose Hodges, Mayor
JoVonna A. Rutherford, City Clerk