07-10378 Vacate North Third Street(Published in the Salina Journal on March3O, 2007)
ORDINANCE NUMBER 07-10378
AN ORDINANCE PROVIDING FOR THE VACATION THE STREET RIGHT-OF-
WAY FOR NORTH THIRD STREET FROM IRON AVENUE NORTH TO THE SMOKY
HILL RIVER, ORIGINAL TOWNSITE OF SALINA, SALINE COUNTY, KANSAS.
w BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on March 19, 2007, the Salina City Commission conducted a public hearing
' a on the petition filed by Michael Spicer on behalf of the Salina Community Theatre ("Petitioner")
requesting vacation of the street right-of-way for North Third Street from Iron Avenue north to the
U Smoky Hill River, Original Town Site of Salina, Saline County, Kansas.
Section 2. That the governing body finds from the evidence presented at the public hearing
that:
(a) Due and legal notice has been given by publication as required by law.
(b) No private rights will be injured or endangered by vacation of the right-of-way.
(c) In justice to the Petitioner vacation of the right-of-way should be granted.
Section 3. The governing body finds that on February 5,1990, Ordinance Number 90-9370
was adopted vacating the West Fifteen (15) feet of street right-of-way, adjacent to Lots 94, 96, 98, 100,
102, 104, 106 and 108 on Third Street, Original Townsite of Salina, Saline, Kansas.
Section 4. That the remaining street right-of-way for North Third Street from Iron Avenue
north to the Smoky Hill River, Original Town Site of Salina, Saline County, Kansas is hereby vacated
and shall revert to the adjacent property owners in accordance with K.S.A. 13-443, provided however
that vacation of the above described right—of--way is subject to the following conditions:
1. The east twenty-five (25) feet of the vacated right-of-way shall be retained as a
public utility easement.
2. All of the remaining vacated right-of-way shall be retained as a public access
and maintenance easement.
Section 5. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced: March 19, 2007
Passed: March 26, 2007
Donnie D. Marrs, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, Clerk