Loading...
01-10057 Vac Wayne AveC-111daeit659l", oCto, berL6- (Published in the Salina Journal on c*T4@ , 2001) ORDINANCE NUMBER 01-10057 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY OF WAYNE AVENUE BETWEEN SOUTH OHIO STREET AND LEWIS STREET IN THE SHALIMAR PLAZA ADDITION AND BELMONT ADDITION OF THE CITY OF SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That on August 27, 2001, the Governing Body adopted Resolution No. 01-5753 expressing its decision to initiate the process pursuant to K.S.A. 12-504 for consideration of the vacation of right-of-way and reservation of a public utility easement in its place for a segment of redirected Wayne Avenue no longer used as a public street. Section 2. That on September 24, 2001, the governing body conducted a public hearing regarding the vacation of a part of the right-of-way of Wayne Avenue between South Ohio Street and Lewis Street in the Shalimar Plaza Addition and Belmont Addition of the City of Salina, Saline County, Kansas, more particularly described as follows: hearing that: A parcel of land located in Shalimar Plaza Addition and Belmont Addition to the City of Salina, Saline County, Kansas, and acquired School Grounds taken in Misc. Book 173, Pages 530-533, more particularly described as follows: Beginning at the Southwest corner of Lot 5, Block 6, Shalimar Plaza Addition: - Thence East along the South line of said Block 6 on an assumed bearing of N 90° 00'00" E, a distance of 242.83 feet; - Thence along a curve to the right having a radius of 55.27 feet, an are distance of 69.39 feet, said curve having a long chord of 64.92 feet and a bearing of S 22° 27'26" W; - Thence N 90° 00'00" W a distance of 85.09 feet; - Thence along a curve to the left having a radius of 241.54 feet, an arc distance of 148.16 feet, said curve having a long chord of 145.85 feet and a bearing of N 65° 42' 32" W back to the point of beginning. The above described parcel of land contains 9,202 square feet or 0.21 acres, more or less, and will be vacated as street right-of-way and will be retained as utility and pedestrian easement. Section 3. That the governing body finds from the evidence presented at the public (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) The public interest is best served by vacation of the right-of-way. Section 4. That the right-of-way is hereby vacated and the north 30 feet shall revert to the owners of Lots 5, 6 and 7, Shalimar Addition in the City of Salina, Saline County, Kansas; and the south 30 feet shall revert to the City of Salina; provided however that the City retains the entire vacated right-of-way as a utility 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. [SEAL] ATTEST: - Lieu Ann Nicola, City Clerk Introduced: September 24, 2001 Passed: October 1, 2001 / 'stin M. Seaton, yor