12-10645 Vacate Park Street Right-of-Way1
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(Published in the Salina Journal on_l /Q, 2012.)
ORDINANCE NUMBER 12-10645
AN ORDINANCE PROVIDING FOR THE VACATION OF RIGHT-OF-WAY FOR
PARK STREET WEST OF CHICAGO STREET IN THE ELMDALE 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 June 18, 2012, the Salina City Commission conducted a public hearing on the
petition filed by Peter Browning on behalf of Salina Concrete Products ("Petitioner") requesting
vacation of Park Street west of Chicago Street in the Elmdale Addition to the City of Salina, Saline
County, Kansas, more particularly described as follows:
That portion of the 70 foot street right-of-way abutting Lots 9 through 14, Block 14 and Lots 2
through 7, Block 8 of the Elmdale Addition to City of Salina, Saline County, Kansas.
The above described right-of-way to be vacated contains Twenty-one thousand (21,000) square
feet, more or less.
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. That the right-of-way is hereby vacated and shall revert to the owners of Lots 9
through 14, Block 14 and Lots 2 through 7, Block 8 in the Elmdale Addition to the City of Salina,
Saline County, Kansas, in accordance with K.S.A. 13-443, provided however that vacation of the above
described alley right-of-way is subject to the following condition:
(1) The petitioner shall install a gate or other suitable traffic barrier meeting criteria
established by the City Engineer at the east end of the vacated street right-of-way at
a location approved by the City Engineer sufficient to notify the traveling public that
Park Street is no longer open to traffic.
Section 4. That the entire street 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 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]
AfTTEST:
Lieu Ann Elsey, CMC, City
Introduced: June 18, 2012
P ed: June 25, 2012
Norm . Je gs, Mayor
REBECCA SEEMAN
GISTER OF DEEDS SALINE COUNTY KANSAS
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OF '` `� Book: 1299 Page: 381-382
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%, ,-• o E E ° s ,_^ ' Receipt: 80038 Recording Fee: Other
" : e•, Pages Recorded: 2 N N Rcv� r�Aa�maml
Dat a Recorded: 7/11/2012 10:12:99 AM
Grantor
Grantee
Type of Document
Certified Copy Of Ordinance
Recording Fees
$0.00
Mtg Reg Tax
$0.00
Total Amount
$0.00
Return Address TRACEY ROOM 206
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(Published in the Salina Journal ontt*_, 2012.)
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ORDINANCE NUMBER 12-10645
AN ORDINANCE PROVIDING FOR THE VACATION OF RIGHT-OF-WAY FOR
PARK STREET WEST OF CHICAGO STREET IN THE ELMDALE 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 June 18, 2012, the Salina City Commission conducted a public hearing on the
petition filed by Peter Browning on behalf of Salina Concrete Products ("Petitioner") requesting
vacation of Park Street west of Chicago Street in the Elmdale Addition to the City of Salina, Saline
County, Kansas, more particularly described as follows:
That portion of the 70 foot street right-of-way abutting Lots 9 through 14, Block 14 and Lots 2
through 7, Block 8 of the Elmdale Addition to City of Salina, Saline County, Kansas.
The above described right-of-way to be vacated contains Twenty-one thousand (21,000) square
feet, more or less.
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) Injustice to the Petitioner vacation of the right-of-way should be granted.
Section 3. That the right-of-way is hereby vacated and shall revert to the owners of Lots 9
through 14, Block 14 and Lots 2 through 7, Block 8 in the Elmdale Addition to the City of Salina,
Saline County, Kansas, in accordance with K.S.A. 13-443, provided however that vacation of the above
described alley right-of-way is subject to the following condition:
(1) The petitioner shall install a gate or other suitable traffic barrier meeting criteria
established by the City Engineer at the east end of the vacated street right-of-way at
a location approved by the City Engineer sufficient to notify the traveling public that
Park Street is no longer open to traffic.
Section 4. That the entire street 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 5. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
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Introduced: June 18, 2012
P ed: June 25, 201
Norm . Je gs, Mayor
Lieu Ann Elsey, CMC, City Olerk
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 12-10645 that was
I adopted by the Governing Body of the City of Salina
j at their regular meeting on June 25, 2012.
�iY OFS
I o:
Lieu Ann Elsey, CMC, City Clerk 6,; ,'18.7
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