ORDINANCE NUMBER 14-10747
AN ORDINANCE ORDERING THE VACATION OF THE NORTH TEN FEET (10’) OF THE EAST LINCOLN AVENUE RIGHT-OF-WAY ADJACENT TO LOT TEN (10) PLUS ABUTTING VACATED ALLEY, IN BLOCK ELEVEN (11) OF THE CALKINS ADDITON 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 August 4, 2014 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by Rusty Leister ("Petitioner") requesting vacation of the following described public street right-of-way:
The North Ten Feet (10’) of East Lincoln Avenue abutting Lot Ten (10), plus abutting vacated alley right-of-way, in Block 11 of the Calkins Addition to the City of Salina, Saline County, Kansas.
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 the right-of-way because no portion of this ten foot (10’) wide strip of right-of-way is used by the traveling public. No public or franchise utilities are located in the North ten feet (10’) of Lincoln Avenue right-of-way.
(C) No private rights will be injured or endangered by the vacation because the Petitioner owns the abutting property that originally dedicated the right-of-way for Lincoln Avenue.
(D) In justice to the Petitioner, vacation of the ten foot (10’) portion of street right-of-way should be granted because there is no longer a public need for eighty feet (80’) of right-of-way for Lincoln and this ten foot (10’) strip of right-of-way is not currently serving a public purpose and the continued presence of this ten foot (10’) strip of right-of-way impairs the Petitioner’s ability to fully develop and use the building to the north.
(E) The public interest is promoted by the vacation of the ten foot (10’) of Lincoln Avenue right-of-way because it would allow the Petitioner to retain an existing building and construct additional improvements on the north side of the building.
Section 3. Order of Vacation. The North Ten Feet (10’) of East Lincoln Avenue abutting Lot Ten (10) plus five feet (5’) of abutting vacated alley right-of-way, in Block Eleven (11) of the Calkins Addition to the City of Salina, Saline County, Kansas is hereby ordered vacated.
Section 4. Reversion of Lincoln Avenue Right-of-Way. Ownership of the North Ten feet (10’) of vacated Lincoln Avenue right-of-way shall revert back to the owner of Lot Ten (10), plus abutting vacated alley right-of-way, in Block Eleven (11) of the Calkins Addition.
Section 5. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this right-of-way vacation relates to the tract of real property described as Lot ten (10) plus abutting vacated alley right-of-way, in Block 11 of the Calkins Addition, City of Salina, Saline County, Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 14-10747 Summary
On August 4, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10747. The ordinance vacates the North Ten Feet (10’) of the East Lincoln Avenue right-of-way abutting Lot Ten (10), plus the abutting vacated alley right-of-way, in Block Eleven (11) of the Calkins Addition to the City of Salina, Saline County, Kansas which is located at the northwest corner of North Santa Fe Avenue and Lincoln Avenue. 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 7. Effective Date. That this ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.
Introduced: August 4, 2014
Passed: August 11, 2014
Aaron K. Householter, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney