ORDINANCE NUMBER 22-11128
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF THE GRAND BOULEVARD AND BROADWAY BOULEVARD RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF BROADWAY BOULEVARD AND NORTH STREET 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 July 25, 2022, the Salina City Commission conducted a public hearing (“Public Hearing”) on the petition filed by Bhakta Construction ("Petitioner") requesting vacation of a portion of the Grand Boulevard and Broadway Boulevard right-of-way abutting Lot 1, Block 1 and a vacated south-north alley in the Chicago Addition to the City of Salina, Saline County, Kansas, legally described as follows:
That portion of Lots 1, 2, 3, 4 in Block 1 and that portion of the platted Alley right-of-way in Block 1 and that portion of platted Grand Boulevard right-of- way, all of Chicago Addition, a subdivision recorded in the Register of Deeds office, located in the City of Salina, County of Saline, State of Kansas, being described by Jason R. Loader, LS, 1642, on May 13, 2022 as follows;
All bearings herein are based on the assumed bearing of N 89°51’32” W on the North line of the Southwest Quarter of Section 11, Township 14 South, Range 3 West of the 6th Principal Meridian; commencing at the point of Beginning at the Northwest corner of said Lot 1; thence on the West line of said Lot 1 , S 00°19’29” E 80.00 Feet to a corner of said Lot 1; thence on the Southwesterly line of said Lot 1, S 35°42’17” E 71.35 Feet to the Northwesterly line of the right-of-way described in document recorded as Misc. Book 19 Page 214 in the Register of Deeds office; thence on said Northwesterly right-of-way line, N 41°00’46” E 43.43 feet to East line of Said Lot 1; thence on said East line, N 00°19’29” W 105.00 feet to the Northeast corner of said Lot 1 and the south right-of-way line of North Street; thence on said South right-of-way line 89°51’32” E 116.00 feet; thence S 24°11’49” E 16.42 feet; thence S 43°50’49” W 285.07 feet; thence N 00°19’29” W 221.04 feet to the South right-of-way of said North Street; thence on said South right-of-way line, S 89°51’32” E 6.00 feet to the point of beginning. Said tract contains 15,407 square feet, more or less. (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 road right-of-way because neither Grand Boulevard or the north-south alley have ever been improved or used for public vehicle access. The right-of-way being retained for Broadway Boulevard meets the City right-of-way standard for arterial streets.
(C) No private rights will be injured or endangered because vacation of this road right-of-way would only impact the Petitioner’s property. The Petitioner owns all property abutting the right-of-way to be vacated.
(D) In justice to the Petitioner, vacation of the right-of-way should be granted because the continued presence of the right-of-way no longer serves a public purpose and is inhibiting the Petitioner’s ability to fully utilize the property on the south side of North Street.
(E) The public interest is promoted by the vacation of the alley right-of-way because it would eliminate public ownership of a tract of land that is surplus right-of-way and is not needed to maintain the Broadway Boulevard corridor.
Section 3. Order of Vacation. The Right-of-Way is ordered vacated.
Section 4. Reversion. The vacated Right-of-Way and shall revert in accordance with applicable Kansas law.
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 tract of real property described as:
Lots 1, 2, 3, and 4, Block 1, 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. 22-11128 Summary
On August 1, 2022 the City of Salina, Kansas, passed Ordinance No. 22-11128. The ordinance vacates a portion of the Grand Boulevard and Broadway Boulevard right-of-way at the southwest corner of Broadway Boulevard and North 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.
Introduced: July 25, 2022
Passed: August 1, 2022
Trent W. Davis, M.D., Mayor
JoVonna A. Rutherford, City Clerk