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2/11/2022 - Ordinance No. 22-11097

ORDINANCE NUMBER 22-11097

 

AN ORDINANCE ORDERING THE VACATION OF A FIVE-FOOT WIDE NORTH-SOUTH ALLEY RIGHT-OF-WAY LOCATED AT THE REAR OF THE LOTS LOCATED ON THE EAST SIDE OF NORTH THIRD STREET BETWEEN OTIS AVENUE AND EUCLID AVENUE IN THE EPISCOPAL MILITARY INSTITUTE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS, AND RESERVING TO THE CITY A PUBLIC UTILITY EASEMENT IN, OVER, UNDER, AND THROUGH THE ENTIRE VACATED ALLEY RIGHT-OF-WAY.

 

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

     

Section 1.  Petition and Public Hearing.   On January 24, 2022, the Salina City Commission conducted a public hearing (“Public Hearing”) on the petition filed by Jason Miller ("Petitioner") requesting vacation of a five-foot wide north-south alley right-of-way located at the rear of the lots located on the east side of North Third Street between Otis Avenue and Euclid Avenue in the Episcopal Military Institute Addition to the City of Salina, Saline County, Kansas, legally described as follows:

 

The North-South Alley that abuts the East line of the odd numbered Lots 1-31, Block 27, Episcopal Military Institute 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 the alley has never been improved or used for public vehicle access.  Franchise utilities will be protected by retention of a public utility easement.    

 

(C) No private rights will be injured or endangered because vacation of the alley right-of-way would only result in adding five feet to the depth of the lots on the east side of North Third Street.

 

(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 construction of a new outbuilding on property owned by the Petitioner.

 

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

 

 

Section 3.  Order of Vacation and Reservation of Public Utility Easement.  The Right-of-Way is ordered vacated, subject to the City’s reservation of a public utility easement in, over, under, and through the entire vacated Right-of-Way.

 

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

 

The odd numbered Lots 1-31, Block 27, Episcopal Military Institute Addition, 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:

 

The odd numbered Lots 1-31, Block 27, Episcopal Military Institute Addition, 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. 22-11097 Summary

 

On February 7, 2022 the City of Salina, Kansas, passed Ordinance No. 22-11097. The ordinance vacates a five-foot wide north-south alley right-of-way located at the rear of the lots located on the east side of North Third Street between Otis Avenue and Euclid Avenue in the Episcopal Military Institute Addition to the City of Salina, Kansas, which no longer serves a public purpose, and retains a public utility easement 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:  January 24, 2022

Passed:        February 7, 2022

 

Trent W. Davis, M.D., Mayor

[SEAL]

ATTEST:

 

JoVonna A. Rutherford, City Clerk