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5.1 Vac Westport ExchangeCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE 33ME 1/6/97 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVE-O FOR AGENDA: NO. 5 Engineering & Utilities ITEM NO. I BY: Shawn O'Leary ~ BY: ~-"~'""'"~ ITEM Report on Petition No. 4127 requesting vacation of part of the existing street right-of-way on Graves Boulevard. BACKGROUND The petition was submitted to the City Clerk's office on September 30, 1996 by Mr. Trace Walker on behalf of Blue Beacon International, Inc.. A public hearing Was conducted by the City Commission on October 25, 1996 and continued twice to the November 15, 1996 and December 2, 1996 meetings to allow the applicant and city staff to coordinate the request with the adjacent property owner. Blue Beacon International, Inc. and Mr. Charles W. Walker own all of the land adjacent to the proposed vacated street right-of-way, except the land abutting the north end of the platted Graves Boulevard. The purpose of this request is the applicant's desire to construct an extension of an existing building across the existing right-of-way of Graves Boulevard. The applicant is restricted from building to the north of their existing facility due to the existence ora FEMA "floodway" designation on that property. A map and aerial drawing of this area is attached. The Westport Exchange Addition was platted in October, 1964. The subdivision was replatted once in June, 1970 and again in June, 1972. The replats were done to create Lots 1 and 2, as shown on the attached plat map. Since that time, Lots 1 and 2 as well as Block 4 across the street have been fully developed with the exception of the land restricted by flood plain designations. Currently, Blue Beacon International, Inc. has its corporate offices at the nothern portion of the location and it is those offices which will be expanded southeasterly if this request is approved. These properties are currently zoned ,, light industrial, I-2. The improved (paved) portion of Graves Boulevard ends south of the proposed street vacation. The franchise utility companies were contacted in regard to this proposed right-of-way vacation. There are no utilities currently located in this 70-feet wide street right-of-way, nor are there any plans for future installations. Therefore, there were no objections from the franchise utility companies to the vacation of this right-of-way. If this portion of Graves Boulevard is vacated, access to the unplatted, unannexed property north of the Walker tract will be severed. This tract is owned by Clara Barta who is represented by Ronald Barta, local attorney. Mr. Barta submitted a letter dated November 14, 1996, opposing the proposed vacation. Since that time, an agreement has been negotiated between Walker and Barta to allow the proposed vacation of Graves Boulevard right-of-way contingent upon the dedication of a perpetual access easement at a different location. Mr. Barta has withdrawn his previous opposition in writing. CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE 1/6/97 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: Engineering & Utilities ITEM NO. BY: Shawn O'Leary BY: Page 2 The only unresolved issue in the staff'review of this request is the question of how to establish a terminus for Graves Boulevard if the entire northern portion is vacated. Current City policy would call for a conventional paved circular cul-de-sac at the end of a terminating public street. Other cul-de-sac designs, like "hammer-heads", have also been used in Salina where available space is a problem. If the City Commission should agree to the vacation of this portion of Graves Boulevard, it is staffs opinion that the applicant should dedicate the necessary additional fight-of-way for a properly designed and constructed circular paved cul-de-sac. It would also be the applicant's responsibility to arrange and finance the design and construction of this public street improvement. RECOMMENDATION It is recommended that the City Commission approve the ordinance allowing the vacation of the currently platted street fight-of-way for Graves Boulevard from the north property line of Lot 1, Replat No. 1 of Westport Exchange Addition to the north boundary of Westport Exchange Addition to the City of Salim, Kansas, on the condition that the applicant provide for the design, construction and dedication of additional fight-of-way for a cul-de-sac at the new terminus of Graves Boulevard. Ordinance Number: 97-9782, first reading TO: THE GOVERNING BODY City of Sallna, Kansas We, the undersigned, being residents and properS7 mmers in the City of Salina, Kansas, to hereby petition your honorable body fort O0 NOT WRITE IN THIS · CPETI/ION NUMBER FILED '96 SEP 30 Pti 1 28 CITY OF S,I, LINA, KS CiTY OLERK'S OFFICE .'-- vacation of the 70' road right-of-way on Graves Blvd. from the Northeast property ]ine of a tract owned by Salina Terminal to 30' South of the North line of the SE 1/4 of section 15-14-3. Telephone Number: 913-825-2221 NAME ADDRESS P.O. Box 856 Salina, KS 67402 Blue Beacon : : : : : : : : : : : : : : : : : : PROPOSED VAC~':[~,I~N ~.".oO; PROPOSED '~.*'-'1 PERPETUAL ; .';.'t ACCESS I :.;'.1 ~ I::IA, RT, A P~OPERTY~ NORTH LINE SE I/4, SEC. 15-14-3 PROPERTY----'" . N r ..... ao--- ---~ r .... se- ..... ~ ,. ,,, 'I ' 'e "~, '/, t Y . MON 14:01 HAMPTON R 0 %~ C E P of Lot 2". ia ~he '~?"oj;"A~epI~ ofW~tP'an ~c. ba~e. Bilk 2 fbi t~e formaff~' .:~': ",: WHERP.~S, GT:~tee ;C~'r~ Ba~a'owos th'e' foll0wi~g &sc, ribed re~'~sthte, ~-~it: ~e $ou~west ~a~ ~t~e ~heagt ~t (SW/4 ~j4) ~d the $obtb T~i~y West ofthe ~E~AS, ~t0rs ~e agr~4 ~ ga~t ~o G~?ee a0 ~¢~t a~fps~ their ~top~t~ for benefit of the prope~y. NOW, ~E~FORE, agr~ ~ foBows: above, Grantee. agree~ not to um~ecess:.arily inteffe4'e with Oranto~'s' use of their pl'6pert~ 4. Should .C~:a~n, tee:s protZ, tty descried ~ove be platted ~d developed, Gr~ors sgre~ to develop the ease~ehi ~orp~blk pU~oses at the{r: ~le ~oR and t~eir · ,' >'.:.,', ...... ,. .-,,.'. - ...... ~ ..... ,'.'...~::~-r.:..: --., . ... .... :.:-, respective heir~, Per~n~:repre~ntat~ve~ '~oa, i~d a~s~s : 04 H~MPTOH ROYCE M 0 H I 4 .' 0 ~ H.A M P T 0 H R 0 ¥ C E P. 0 1 STATE OF KANSAS COUNTY OF SALINE My Appointment Exp! re~: STATE OF KANS~ COUNTY OF SALINE The foregoing iEs,trOm'~nt~w{s a,e~0oWl,edg{d, b~f0re ~} this ---~.;. day of. · My Appoi.tme.t Expires:., STAT~, OF mXNS^S ) ) ss: COUNTY OF SAL1]~E ) TM fo. regoing lnstr0/~e'nt w'a~ acknowled$M' before 'me Otis -5 da~ of Decemb~, t996," by Ctar~ Bma, a ~doW. : My Appointment £xpires: - 3 -: IN WlTI,~$S above wfi.tten~