ORDINANCE NUMBER 17-10910
AN ORDINANCE ORDERING THE VACATION OF THE SOUTH TWENTY FEET OF THE RIGHT-OF-WAY FOR PINE STREET BETWEEN NORTH SANTA FE AVENUE AND NORTH FIFTH 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 20, 2017, the Salina City Commission conducted a public hearing (“Public Hearing”) on the petition filed by Bieberly Architects, PA ("Petitioner") requesting vacation of the South Twenty (20) feet of Pine Street between North Santa Fe Avenue and North Fifth Street in the Original Town (now) in the City of Salina, Saline County, Kansas, more particularly described as follows:
Right-of-Way Vacation Description:
The South Twenty (20) foot of the Eighty (80) foot right-of-way for Pine Street between North Santa Fe Avenue and North Fifth Street abutting Lot Nineteen (19) on Santa Fe Avenue and Lot Twenty (20) on Fifth Street in the Original Town (now 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) Emergency access to the Missouri Pacific depot building will be maintained.
(C) The proposal to convert the South Twenty (20) feet of right-of-way from a public street to private parking and open space would not change the existing traffic flow and pattern, because the vacation request area has historically been used for parking and loading and not as part of the traveled way for Pine Street.
(D) Vacation of the South 20 ft. of Pine Street would not affect the developability of any property and would enhance the redevelopment of the former Missouri Pacific depot building.
(E) No private rights will be injured or endangered by the proposed right-of-way vacation. The rights of public and franchise utilities will be protected by retention of Sixty (60) feet of right-of-way for Pine Street. No public or franchise utilities are located within the vacation request area.
(F) The general public will suffer no loss or inconvenience if the Right-of-Way is vacated because Vacation of the South Twenty (20) feet of Pine Street would not impact the driving width of Pine Street.
Section 3. Order of Vacation. The Right-of-Way is ordered vacated, subject to the following conditions:
- The petitioner shall be obligated to complete the paving and landscaping shown on the site plan attached to the vacation petition as depicted on the attached and incorporated Exhibit A.
- The entire vacated right-of-way shall be retained as a public utility easement;
and shall revert in accordance with K.S.A. 13-443, as follows:
The South Twenty (20) feet of vacated Pine Street right-of-way shall revert to Lot Nineteen (19) on Santa Fe Avenue and Lot Twenty (20) on Fifth Street in the Original Town (now City) of Salina, Saline County, Kansas.
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 tracts of real property described as Lot Nineteen (19) on Santa Fe Avenue and Lot Twenty (20) on Fifth Street in the Original Town (now Salina) of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 17-10910 Summary
On August 2, 2021 the City of Salina, Kansas, passed Ordinance No. 17-10910. The ordinance vacates the South Twenty (20) feet of the right-of-way for Pine Street between North Santa Fe Avenue and North Fifth Street, which no longer serves a public purpose. 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: November 20, 2017
Passed: August 2, 2021
Melissa Rose Hodges, Mayor
JoVonna A. Rutherford, City Clerk