09-10486 Vacate Lundberg Addition1
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(Published in the Salina Journal on February, 2009.)
ORDINANCE NUMBER 09-10486
AN ORDINANCE AMENDING ORDINANCE NUMBER 08-10449 WHICH
PROVIDED FOR THE VACATION OF A SEGMENT OF THE PLATTED RESTRICTED
ACCESS ALONG THE WEST SIDE OF LOT ONE (1), BLOCK ONE (1) IN THE
LUNDBERG ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on May 12, 2008 the governing body conducted apublic hearing on the
petition filed by the Virgil E. Lundberg and Dorothy E. Lundberg Trust No. 1 dated December 31,
1989 ("Petitioner") requesting vacation of the restricted access beginning at a point two hundred
(200) feet north of the southwest corner of Lot One (1), Block One (1) in the Lundberg Addition, and
extending north along the west line of said Lot One (1) a distance One Hundred Ninety -Nine and
Thirty -Six Hundredth (199.36) feet for the purpose of constructing a single forty-five (45) foot
driveway entrance on Ohio Street to serve an office complex.
Section 2. That the governing body found from the evidence presented at the public
hearing that due and legal notice had been given by publication as required by law, that no private
rights will be injured or endangered by vacation of the Restricted Access in this location, that the
public will suffer no loss or inconvenience thereby, and that injustice to the Petitioner vacation of the
Restricted Access should be granted as requested.
Section 3. That the governing body approved the vacation of a segment of the Restricted
Access along Ohio Street subject to the following conditions:
a) One (1) forty-five (45) foot driveway with a center median may be constructed
within this One Hundred Ninety -Nine and Thirty -Six Hundredths (199.36) foot
access opening on Ohio Street.
b) The final driveway location shall be no closer than two hundred (200) feet from
Cloud Street or two hundred (200) feet from Claflin Avenue.
c) The final design, including curb radius, center median location, pavement markings
and directional signage, shall be reviewed and approved by the City Engineer prior
to issuance of a driveway permit.
Section 4. That new information has been presented to the governing body that a forty-
five (45) foot driveway opening will not accommodate the proposed final driveway design and that a
sixty (60) foot driveway opening will allow for safer and more efficient vehicle turning movements.
Section 5. That the conditions in Ordinance Number 08-10449 are hereby amended to
allow vacation of a portion of the restricted access on the east side of Ohio Street abutting Lot One
(1), Block One (1) of the Lundberg Addition subject to the following conditions:
a) One (1) sixty (60) foot driveway opening with a center median island may be
constructed on Ohio Street.
b) The final location of this driveway opening shall be depicted on the final plat of
Meadow Pointe Addition, a proposed replat of Lot One (1), Block One (1) of the
Lundberg Addition
c) The final design, including curb radius, center median location, pavement
markings and directional signage, shall be reviewed and approved by the
City Engineer prior to issuance of a driveway permit.
Section 6. That for the purpose of recording this ordinance with the office of the Saline
County Register of Deeds, this vacation of restricted access relates to that tract of real property
described as Lot One (1), Block One (1) in the Lundberg Addition to the City of Salina, Saline
County, Kansas.
Section 7. That Ordinance Number 08-10449 is hereby repealed.
Section 8. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, Clerk
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Introduced: February 9, 2009
Adopted: February 23, 2009
9JoK. Vanier II, Mayor