10-10559 Vacate Country Club Heights AdditionZ
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(Published in the Salina Journals 2010)
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ORDINANCE NUMBER 10-1055
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT-
OF-WAY OF EASTBOROUGH ROAD IN COUNTRY CLUB HEIGHTS ADDITION NO.3 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 July 19, 2010, the governing body conducted a public hearing on Amended Petition
Number 4328A filed by Ronald K. Williams and Jason A. and Cathy M. Graves ("Petitioners") requesting
vacation of the existing Right -of -Way for a portion of Eastborough Road south of Seitz Drive more particularly
described as:
The South One Hundred Twenty -Five (125) feet of the Eastborough Road right-of-way abutting Lots One (1)
and Two (2), Block Nine (9) in Country Club Heights Addition No. 3 and Lot Seven (7), Eight (8) and a
portion of Lot Nine (9), Block One (1) in Country Club Estates Addition No. 3 to the City of Salina, Saline
County, Kansas.
The above described Right -of -Way to be vacated contains Eighty -Three Hundred (8,300) square feet, more or
less.
Section 2. 'That the governing body finds from the evidence presented:
(A) Due and legal notice has been given by publication as required by law.
(B) The public will suffer no loss or inconvenience by this right-of-way vacation. The original platted cul-de-
sac was vacated in 1998 and was determined not to be necessary to meet public street transportation and
safety requirements in this area. Based on the approved final design for Eastborough Road it is unlikely
that the street would ever be or need to be extended to the south in the future. This block is fully built
out and Lot Eight (8), Block One (1) is undevelopable due to flood plain constraints. Public and
franchise utilities are protected through retention of a public utility easement.
(C) No private rights will be injured or endangered. The owners of Lots Seven (7) and Eight (8), Block One
(1) on the east side of the street have access from the existing paved portion of Eastborough Road.
Access to and from properties on the east side of Eastborough Drive is not diminished in any way and on
the east side the owners of Lots Seven (7) and Eight (8) now also own the Eastborough Road street
frontage of Lot Nine (9), Block One (1).
(D) The public interest is promoted by the right-of-way vacation in the following manner:
(1) The City retains no future responsibilities related to the unneeded right-of-way.
(2) The property vacated and reverting to Lots One (1) and Two (2), Block Nine (9) and Lots Seven (7),
Eight (8) and a portion of Lot Nine (9), Block One (1) is returned to the tax rolls.
(3) The vacation promotes more efficient use of land. The proposed use is more beneficial to the
community than the retention as right-of-way for a future turn around that is unlikely to ever be built.
(4) The public will incur lower maintenance costs by reducing the length of the paving south of Seitz
Drive.
(5) Eliminating the cul-de-sac turnaround or hammerhead reduces costs to property owners for future
street improvements and eliminates potential special assessments as well as uncertainty for the
property owners.
(6) Reduced area of street surface would result in less impermeable surface and less stormwater runoff.
(7) Reduced paved area of planned future street improvements decreases the likelihood of trees being
removed for road construction.
Section 3. That the entire right-of-way being vacated through this action shall be retained as a public utility
and drainage easement for the use and benefit of public and franchise utility providers.
Section 4. 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, City CQrk
Introduced: July 19, 2010
Passed: July , 2010
A n G. Peck, Mayor