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12-10645 Vacate Park Street Right-of-Way1 1 1 (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 f v-• OF '` `� Book: 1299 Page: 381-382 jo P %, ,-• 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 N Z CL W m 0 C U (Published in the Salina Journal ontt*_, 2012.) k BooPage . g� 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. OF S� oRoAN►rFa �29 1870 : z [SEAQ]-_®® •�� A/TTE�S,T") G� 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 I raced Zo(o