14-10747 Vacation of ROW in the Calkins Addition(Summary published in The Salina Journal on August A�_, 2014.)
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ORDINANCE NUMBER 14-10747
AN ORDINANCE ORDERING THE VACATION OF THE NORTH TEN FEET (10') OF THE EAST
LINCOLN AVENUE RIGHT-OF-WAY ADJACENT TO LOT TEN (10) PLUS ABUTTING
VACATED ALLEY, IN BLOCK ELEVEN (11) OF THE CALKINS ADDITON TO THE CITY OF
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SALINA, SALINE COUNTY, KANSAS.
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y BE IT ORDAINED bN the Goyeminyg Body of the Cin of Salina. Kansas:
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Section 1. Petition and Public Hearing. On August 4, 2014 the governing body conducted a public hearing
v ("Public Hearing') on the petition filed by Rusty Leister ("Petitioner") requesting vacation of the following
described public street right-of-way:
The North Ten Feet (10') of East Lincoln Avenue abutting Lot Ten (10), plus abutting vacated alley
right-of-way, in Block 1 1 of the Calkins Addition to the City of Salina. Saline County; Kansas.
Section 2. Findings and Conclusions. The governing body determines 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 the vacation of the right-of-way because no
portion of this ten foot (10') wide strip of right-of-way is used by the traveling public. No public or
franchise utilities are located in the North ten feet (10') of Lincoln Avenue right-of-way.
(C) No private rights will be injured or endangered by the vacation because the Petitioner owns the
abutting property that originally dedicated the right-of-way for Lincoln Avenue.
(D) Injustice to the Petitioner. vacation of the ten foot (10') portion of street right-of-way should be granted
because there is no longer a public need for eighty feet (80') of right-of-way for Lincoln and this ten
foot (10') strip of right-of-way is not currently serving a public purpose and the continued presence of
this ten foot (10') strip of right-of-way impairs the Petitioner's ability to fully develop and use the
building to the north.
(E) The public interest is promoted by the vacation of the ten foot (10') of Lincoln Avenue right-of-way
because it would allow the Petitioner to retain an existing building and construct additional
' improvements on the north side of the building.
Section 3. Order of Vacation. The North Ten Feet (10') of East Lincoln Avenue abutting Lot Ten (10) plus
five feet (5') of abutting vacated alley right-of-way, in Block Eleven (1 1) of the Calkins Addition to the City
of Salina, Saline County. Kansas is hereby ordered vacated.
Section 4. Reversion of Lincoln Avenue Right -of -Way. Ownership of the North Ten feet (10') of vacated
Lincoln Avenue right-of-way shall revert back to the owner of Lot Ten (10), plus abutting vacated alley right-
of-way; in Block Eleven (11) of the Calkins Addition.
Section 5. Recording. For the purpose of recording this ordinance with the office of the Saline County Register
of Deeds, this right-of-way vacation relates to the tract of real property described as Lot ten (10) plus abutting
vacated alley right-of-way, in Block 1 1 of the Calkins Addition. City of Salina. Saline County, Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the following
summary:
Ordinance No. 14-10747 Summary
On August 4, 2014; the City of Salina, Kansas. passed Ordinance No. 14-10747. The ordinance vacates the
North Ten Feet (10') of the East Lincoln Avenue right-of-way abutting Lot Ten (10), plus the abutting vacated
alley right-of-way; in Block Eleven (1 1) of the Calkins Addition to the City, of Salina. Saline Countv. Kansas
w which is located at the northwest corner of North Santa Fe Avenue and Lincoln Avenue. A complete copy of
C? the ordinance is available at w\v\v.salina-ks.eov or in the office of the city clerk. 300 W. Ash Street, free of
charge. This summary is certified by the city attomey.
Section 7. Effective Date. That this ordinance shall be in full force and effect from and after its adoption
and publication by summary once in the official city newspaper.
Introduced: August 4, 2014
Passed: August 11, 2014
Aar K. Householter. D4ayor
(SEAL]
ATTEST:
&10—�
Shandi Wicks. CMC. City Clerk
Certi tion of Publication Summary:
eA.'Tson, City Attorney
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