5.1 Vac Austin Sub CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
04/04/94 4:00 P.M.
AGENDA SECTION: !ORIGINATING DEPARTMENT: A,I~PROVED FOR
NO. 5 AGENDA:
Engineering
ITEM:
BY: Shawn O'Lear B :
Item
Report on Petition No. 4077 requesting vacation of the platted Claflin Avenue
right-of-way from Ohio Street to Austin Circle.
Background
The petition was submitted on February 23, 1994, by Mr. Jonathan C.~Cossette,
who is one of the joint venture property owners of Lot 3, Block 1, Gile
Addition. As shown on the attached sketch, this portion of Claflin iAvenue is
located north of Cloud Street, south of Kirwin Avenue, bordered on the l west by
Ohio Street and on the east by Austin Circle. A typed copy of the petition is
attached.
The purpose of the request, as indicated by the applicant, is to increase the
developable area of Lot 3 for a proposed multi-family residential dekelopment
and to eliminate the potential future cost of a public street which wobld have
no significant benefit.
This portion of platted Claflin Avenue abutts seven {7) platted lotsiin three
{3) subdivisions including Lundberg Addition, Gile Addition and! Austin
Subdivision. Following is a list of property descriptions, ownership and
petition representation'
Represented
Descriptipn Ownership on Petition
Lundberg Addition
Lot 1, Block i Virgil F. Lundberg Yes
Lot 2, Block i International Church of the No
Foursquare Gospel
Gile Addition
Lot 1, Block i Central Kansas ENT Assoc., P.A. Yes
Lot 2, Block i Sterling Group L.L.C. No
Lot 3, Block i Rod Brummett, Jack Cossette Yes
Austin Subdivision
Lot 8, Block i Stanley T. & Lori T. Kocol Yes
Lot 18, Block 4 Gwen Stover Yes
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
, ,
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
04/04/94l~ 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: AI~PROVED FOR
NO. A~ENDA:
Engineering ~
NO.
BY: Shawn O'Leary By:
Petition No. 4077
Page 2
Contact has been made with all adjacent property owners and no tOrmal or
informal protests have been received to date. The only notable re¢~uest came
from both the Lundberg Trust and the Central Kansas ENT Associates P.A Their
desire is to retain the 60-foot access onto Ohio and a 150-foot len th of the
Claflin right-of-way from Ohio east. This right-of-way was dedicated by
separate instrument in 1982 for the purpose of adjacent development and a
proposed frontage road. Given the currently unknown nature of adjacent
development, the request would appear to be reasonable.
Another interesting finding was that the 60-foot Claflin street right-of-way was
dedicated in unequal segments by the Lundberg Addition and the Gile Iddition.
The Lundberg Addition platted 22.87 feet and Gile Addition provided the
remaining 37.13 feet. Therefore, in accordance with state statute, the ~vacation
of said right-of-way shall revert back to those properties in :he same
proportions.
The City Planning Department has reviewed the vacation request And has
recommended approval of the vacation. It is felt that Claflin A~enue, as
platted, is not essential to adjacent development and in fact may present a
burden in terms of develoPment costs. The vacated right-of-way may Be better
utilized for parking, landscaping, drainage or other utilities.
The franchise utility companies have also reviewed the vacation request. Three
requests were received for the retention of utility easements for exi)sting or
proposed utilities. Southwestern Bell and KPL desire to retain a lO-foot
easement along the entire south side of Claflin Avenue. The City Water
Department needs a 20-foot easement along a portion of the north side of Claflin
Avenue. The attached map illustrates the proposed vacation limits.
Recommendation
It is recommended that the City Commission approve the ordinance vacating the
platted Claflin Avenue right-of-way from 150 feet of Ohio Street to) Austin
Circle with the proposed retention of utility easements.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
: DO NOT IRITE IN 1tHIS SPACE
:
~ 4p77
: PETITION NUNBER
: Filed
'94 Feb. 23 P.M.i 201
: City of Salinp, KS
TO, THE GOVE]qNING BODY : City Clerk's Office
City of Saltna, Kansas :
:
~, ~;he undersigned, being residents and property o~ners tn the :
City of Salina, Kansas, to hereby petttton your honorable body for: : ...........................................
Vacate Claflin Avenue
from Ohio to Austin Circle
Respectfully submitted by: Jonathan C. Cossette
Telephone Number: 827-6463
NAHE ADDRESS
Jonathan C. Cossette 711 Post Oak Lane~ Salina, Kansas 67401
Mike J. Rose : 1401Courtne.¥ Drive~ Saliva, Kansas 67401
R.L. Brummett : 1437 Austin Circle
Jim D. Andrew : 6581 E. K4 Hwy, Gypsum, Kansas 67448
Darvin Dent : 4520 W. Healy Rd., Brookvi le, Kansas
Kurtis Siemers, Trustee, Virgil F. &
Dorothy E. Lundberg Trust No. 1 : 100 River Place #3, Salina Kansas
Stan Kocol : 1430 Austin Circle, Salina Kansas 67401
Bill Stover : 5001 Country Club Rd, Salila, Kansas
Mark Bell, M.D. : 7 Crestview
(exception - would like to leave abouh 100 ft. of street for access to south
of our lot)
J.E. Cossette, M,D. : 1100 Mar.ymount
also would like to keep access
PROPOSED VACATION
of
CLAYT.TN AVENUE
SCALE: 1' = ~50' AUSTIN
GILEADDITION
I
~ LOT ~I
I LOT 1 LOT 2 LOT 3 J J J
I"-J ~,~.: J LOT17 J LI"Jl
~I ' 1Jr--20' U'Ill ITY ~E~, SEIdENT 'jJJ , '! LOT 18
268..__50 268.50 ,1!.R/W-- .30 .~ 587---C'0'1-'' '
118,52'
011~ 150, ! iO, U.flUTYEASEMENTJ 740' R/W=30'~_ 383.84' 20' D/EI J 118.52'LOT 8
oI LUNDBERG ADDITION -I -'1 LOT7 I.,~
I BK. 1 LOT 1 BK. 1 LOT 2 I I I I
I ! LOT s I
I ~SUBDV.
'