01-10057 Vac Wayne AveC-111daeit659l",
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(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