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8.9 Initiate Vacation of Third Street CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 02/12/2007 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: DEVELOPMENT SERVICES CITY PLANNING APPROVED FOR AGENDA: ITEM NO. Page 1 9 BY: Dean Andrew BY: ITEM: Resolution No. 07-6359 authorizing the City Manager to sign a vacation petition initiating the vacation of North 3rd Street between Iron Avenue and the Smoky Hill River. BACKGROUND: The City of Salina owns the land the Salina Community Theatre currently sits on as well as what is identified as Founders Park along the Smoky Hill River and the parking lot on the east side of North 3rd Street. The Community Theatre Association owns a lot on the northeast corner of 3rd and Iron and St. Francis Academy owns a small parcel north of that corner lot on the east side of the street. The Community Theatre has expansion plans that involve first extending into what is today the right-of-way for 3rd Street and eventually across the right-of-way to the east side of the street. This second phase would involve the relocation of Westar power lines and construction of a new entrance on Iron Avenue. In order to be eligible for any grant funding the Community Theatre can not be located on civic (City owned) property. It would be advantageous for their fundraising efforts if the Community Theatre owned the property it occupies. Because their anticipated expansion would extend into public street right-of-way, the first step that would need to take place would be the vacation of that right-of-way and reversion of the right-of-way to the abutting property owners (the City of Salina, the Community Theatre Association and St. Francis Academy). Once this occurs, the second step would be preparation of an agreed upon legal description of the property to be transferred to the Community Theatre and the preparation of a deed transferring title from the City to the Community Theatre Association. Staff believes the Community Theatre's long term expansion plans could best be carried out through the creation of a Planned Development District (campus plan) and replat of the property as was done on the Saline County Law Enforcement Center expansion. COMMISSION ACTION: If the Commission wishes to initiate the vacation of 3rd Street the attached resolution should be approved authorizing the City Manager to sign petition on behalf of the City as property owner. Once the petition is filed, it will be forwarded to affected utilities and a public hearing will be scheduled to formally consider the request. Enclosures: Request Area Map Draft Petition Resolution No. 07-6359 J N w-9- E t- (f) o rr:: c'0 ASH ST IRON A V seT Parking t- (f) I t- v t- (f) o rr:: c'0 t- (f) o Z <'l t- (f) o Z <'l DO NOT WRITE IN THIS SPACE PETITION NUMBER TO: THE GOVERNING BODY City of Salina, Kansas 1/ DRAFT We, the undersigned, being residents and property owners in the City of Salina, Kansas, do hereby petition your honorable body for: Vacation of the right-of-way for North Third Street from Iron Avenue north to the Smoky Hill River adjacent to The Salina Community Theatre. Respectfully submitted by: Michael Spicer Salina Community Theatre Telephone Number: 827-6126 NAME ADDRESS Michael Spicer, Executive Director 303 E. Iron Salina, KS 67401 Salina Communi!y Theatre St. Francis Academy, Inc. 5097 W. Cloud Street Salina, KS 67401 Jason Gage, City Manaqer 300 W. Ash Salina, KS 67401 City of Salina, Kansas PLF - 074,2/12/2007