News Releases

5/27/2022 - Ordinance No. 22-11113

                                                  ORDINANCE NUMBER 22-11113

 

AN ORDINANCE ORDERING VACATION OF THE PLATTED RIGHT-OF-WAY FOR LOGAN AVENUE WEST OF THE RELOCATED CHANNEL OF DRY CREEK ABUTTING LOTS 1 AND 2, BLOCK 6 AND PARK NO. 1 AND PARK NO. 2 AND VACATION OF A THIRTY FOOT WIDE NORTH-SOUTH ALLEY ABUTTING LOTS 1 AND 3, BLOCK 6, AND PARK NO. 2 ALL IN THE CHICAGO 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 May 23, 2022, the Salina City Commission conducted a public hearing (“Public Hearing”) on the petition filed by Tom Pestinger ("Petitioner") requesting vacation of that portion of the platted right-of-way for Logan Avenue located west of the relocated channel of Dry Creek and a thirty foot wide alley right-of-way abutting Lots 1 and 3 in Block 6 and Park No. 2 in the Chicago Addition to the City of Salina, Saline County, Kansas, legally described as follows:

 

That portion of the platted right-of-way for Logan avenue and west of the relocated channel of Dry Creek abutting Lots 1 and 2, Block 6 and Park No. 1 and Park No. 2 and a north-south alley abutting Lots 1 and 3, Block 6, and Park No. 2 all in the Chicago Addition to the 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 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 this street and alley  right-of-way because neither Logan Avenue nor the north-south alley has ever been improved or used for public vehicle access.  There are no public or franchise utilities located within the right-of-way to be vacated.     

 

(C)  No private rights will be injured or endangered because vacation of this street and alley right-of-way would only impact the Petitioner’s property. The Petitioner owns all the property abutting the right-of-way to be vacated.

 

(D)  In justice to the Petitioner, vacation of the street and alley right-of-way should be granted because the continued presence of the street and alley right-of-way no longer serves a public purpose and is inhibiting the Petitioner’s ability to convey fee title to its property.

 

(E) The public interest is promoted by the vacation of the street and 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.

 

          Section 4.  Reversion.  The vacated Right-of-Way and shall revert in accordance with K.S.A. 13-443 to:

 

Lots 1 and 3, Block 6 and Park No. 2 for the vacated alley and Lots 1 and 2, Block 6 and Park No. 1 and Park No. 2 for vacated Logan Avenue in the Chicago 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:

 

Lots 1, 2 and 3, Block 6 and Park No. 1 and Park No. 2, all in the Chicago Addition to the 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. 22-11113 Summary

 

On May 23, 2022 the City of Salina, Kansas, passed Ordinance No. 22-11113. The ordinance vacates  that portion of the platted right-of-way for Logan Avenue located west of the relocated channel of Dry Creek and a thirty foot wide alley right-of-way abutting Lots 1 and 3 in Block 6 and Park No. 2 in the Chicago Addition to the City of Salina, Kansas, which no longer serve 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.

 

Introduced:  May 23, 2022

Passed:        May 23, 2022

Trent W. Davis, M.D., Mayor

ATTEST:

JoVonna A. Rutherford, City Clerk