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8.1 Vac Jones AddCITY OF SALINA RE(:~JEST FOR COMMISSION ACTION DATE TIME 8/,~V 9¢ 4:00 P.M. AGENDA SECTION: Administration OR IGI NATI NG DEPARTMENT: APPROVED FOR NO. 8 AGENDA: 1 TEM NO. 1 City Manager BY: Dennis M. Kissinger Second Reading Ordinance NUmber 90-9394 AN ORDINANCE PROVIDING FOR THE VACATION OF THE WEST TWENTY-FEET (20') OF FOURTH STREET ADJACENT TO LOTS ONE (1) THROUGH FORTY-THREE (43), ALTERNATELY, FOURTH STREET, JONES ADDITION. Comment: Based on concerns expressed at the public hearing on August 6, 1990, staff was directed to meet with the affected industries and address access concerns. Staff has met with the parties involved and developed a tentative plan which should resolve the concerns and allow this important public safety action to proceed. Details of the plan are currently being finalized, and a report and recommendation to the Commission will be made prior to Second Reading on Monday. MOTION BY COIV~41SSION ACTION SECOND BY TO: CITY OF SALINA RECUEST FOR COMMISSION ACTION DATE 8/6/9-0---- AGENDA SECTION: Public Hearings and items NO. 5 scheduled for a certain time ITEM NO. 1 ORIGINATING DEPARTMENT: Engineering BY: Don Hoff TIME 4:0~p.M' APPROVED FOR AGENDA: Petition No. 3989, filed by Brown Industries, Inc., requesting the vacation of a portion of Fourth Street. This petition was referred to the Engineering Department for a recommendation. Brown Industries, Inc., in order to address certain fire safety regulations regarding the placement of methanol tanks adjacent to hydrogen tanks, propose to construct concrete containment walls; fire walls; fencing to isolate the methanol storage from the hydrogen storage. This plan was developed through negotiations between Brown Industries, Inc. and the Fire Department. The construction of these safety features would cause an encroachment on the public right-of-way of Fourth Street. Jones Addition, platted in 1866, dedicated certain street right-of-way for public use. This dedication included an eighty (80) ft. right-of-way for Fourth Street. In the request area, Fourth Street is a dead-end street, currently designated as a local street. The petition requests the vacation of the west twenty (20) feet of Fourth Street between North Street and the south right-of-way line of the Union Pacific Railroad. Kansas Power & Light Company is the only utility company that has facilities in this section of Fourth Street and will need to retain a utility easement to maintain their lines. The other utility companies indicate no future facilities are planned in the request area. We, therefore, recommend the City Commission approve the petition to vacate a portion of Fourth Street described as follows: A parcel of land lying North of North Street and along the West side of Fourth Street right-of-way in Jones Addition, City of Salina, Saline County, Kansas described as follows: Beginning at the southeast corner of Lot 1, Fourth Street, Jones Addition to the City of Salina, Saline County, Kansas; MOTION BY CCMMISSION ACTION SECOND BY AGENDA SECTION: NO. ITEM NO. CITY OF SALINA REQUEST FOR COMMISSION ACTION DA TE ORIGINATING DEPARTMENT: BY: BY: TIME P.M. APPROV ED FOR AGENDA: Petition No. 3989 Page 2 Thence North on a assumed bearing of N O0 00' 00" E, along the East line of Lots numbered 1-43 alternate, Fourth Street, Jones Addition and the vacated portion of Lincoln Avenue to the point of intersection of the South right-of-way line of the Union Pacific Railroad and the West right-of-way line of Fourth Street; Thence N 68 10' 00" E along said Railroad right-of-way, a distance of 21.55 feet; Thence S O0 00' 00" E, parallel with the East line of said Lots 1-43 alternate, Fourth Street, Jones Addition and that portion of vacated Lincoln Avenue, to a point which is 10.29 feet North of and 20.00 feet East of the southeast corner of Lot 1, Fourth Street, Jones Addition; Thence S 62 47' 00" W, a distance of 22.49 feet to the point of beginning. An exclusive easement should be retained, however, to allow K.P.L. to maintain their existing facilities and there is no need to retain a public utility easement on the vacated portion of Fourth Street. MOTION BY COMMISSION ACTION SECOND BY TO: N REQUEST AREA AVE. L(NCOLN NORTH 116,3'S' I 119.'tO' -"'1 I II il II I{ I II I1 STANDARD OiL CO [~ NorJheas; Lol I Lot I Lot 2 IndusJr[a! , Lo/3 AVE_ Lot ~. !Published in The Salina Journal Auc~ust 1990) ORDINANCE NUMBER 90-9394 AN ORDINANCE PROVIDING FOP, THE VACATION OF THE WEST TWENTY FEET (20') OF FOURTH STREET ADJACENT TO LOTS (1) THROUGH FORTY-THREE (43), ALTERNATELY, FOURTH STREET, JONES ADDITION. BE 1T ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the west twenty feet (20') of Fourth Street adjacent to Lots (1) through Forty-three (43), alternately, Fourth Street, Jones Addition, described as follows: A parcel of land lying north of North Street and along the west side of Fourth Street right-of-way in Jones Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the southeast corner of Lot 1, Fourth Street, Jones Addition to the City of Salina, Saline County, Kansas; Thence North on an assumed bearing of North zero degrees zero minutes zero seconds East (N.00°00'00"E.) along the east line of Lots numbered 1 through 43, alternately, Fourth Street, Jones Addition and the vacated portion of Lincoln Avenue to the point of intersection of the South right-of-way line of the Union Pacific Railroad and the west right-of-way line of Fourth Street; Thence North sixty-eight degrees ten minutes zero seconds East (N,68°10'00"E,) along said railroad right-of-way a distance of twenty-one and fifty-five hundredths feet (21.55'); Thence South zero degrees zero minutes zero seconds East (S.00°00'00"E.) parallel with the east line of said Lots One through Forty-three (43), alternately, Fourth Street, Jones Addition and that portion of vacated Lincoln Avenue, to a point which is ten and twenty-nine hundredths feet (10.29') North of and twenty and zero hundredths feet (20.00') East of the southeast corner of Lot One (1), Fourth Street, Jones Addition; Thence South sixty-two degrees forty-seven minutes zero seconds West (S.62°47'00"W.) a distance of twenty-two and forty-nine hundredths feet (22.49') to the point of beginning. be and the same is hereby vacated; provided, however, the City retains the vacated portion of Fourth Street as a utility easement. Section 2. That the above described portion of Fourth Street, which is vacated by this ordinance, shall revert to the adjacent property owners in accordance with K.S.A. 13-443. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: August 6, 1990 Passed: August 13, 1990 [SEAL] ATTEST: Robert E. Frank, Mayor Jacqueline Shiever, City Clerk