16-10821 Wayne Addition Right-of-Way Vacation(Summary published in The Salina Journal on March , 2016.)
(Pnhli-hers on the City of Salina'- website from March 6< YL . 2016.)
ORDINANCE NUMBER 16-10821
AN ORDINANCE ORDERING THE VACATION OF RIGHT-OF-WAY FOR WAYNE
COURT IN THE WAYNE ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS.
a
w
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
a
Section 1. Petition and Public Hearing. On February 2, 2016, the Salina City Planning
3 Commission conducted a public hearing ("Public Hearing") on the petition filed by Salina Regional
Health Center ("Petitioner") requesting vacation of Wayne Court in the Wayne Addition in the City
of Salina, Saline County, Kansas, more particularly described as follows:
Richt-of-Wav Vacation Description:
A portion of Wayne Court right-of-way, in the Wayne Addition to the City of Salina, Saline
County, Kansas being more particularly described on the attached and incorporated Exhibit A and
depicted on the attached and incorporated Exhibit B (the "Right -of -Way ').
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) With the Petitioner's grant of an access easement, emergency access to the east side of the
Southgate Professional building and the west side of the Salina Regional Center Family Practice
Clinic will be maintained. Fire Department access to a fire hydrant between the buildings will
also be maintained.
(C) The proposal to convert Wayne Court from a public street to a private access drive with an
access easement would not change the existing traffic flow and pattern, only ownership and
maintenance responsibility would change.
(D) Wayne Court is not needed to provide public street access and/or footage to any developed
or undeveloped parcel. Vacation of Wayne Court as a public street would not affect the
developability of any property.
(E) No private rights will be injured or endangered by the proposed street closure and right-of-
way vacation. The rights of public and franchise utilities will be protected by retention of the
vacated Right -of -Way as a utility/drainage easement.
(F) The general public will suffer no loss or inconvenience if Wayne Court is closed as a public
street and the Right -of -Way is vacated because an access easement will preserve vehicle access
to adjacent properties.
Section 3. Order of Vacation. The Right -of -Way is ordered vacated, subject to the following
conditions:
(a) The petitioner is responsible for the cost of all pavement removal on Wayne Court.
(b) The entire vacated right-of-way shall be retained as a public utility/drainage easement;
and shall revert in accordance with K.S.A. 13443, as follows:
w The North Thirty feet (30') of vacated Wayne Court right-of-way shall revert to that portion of
Lot Seven (7), Block Six (6), Shalimar Plaza Addition, Salina, Saline County, Kansas, being more
particularly described as follows: Beginning at the Southeast comer of said Lot Seven (7), thence on a
platted bearing of S90°00'00"W along the South line of said Lot Seven (7) a distance of 275.40 feet,
thence N00°16' 18"W a distance of 198.97 feet; thence N90°00'00"E parallel to said South line, a
distance of 365.72 feet to a point on the West Right -of -Way line of Ohio Street, thence S00°16' 19"E
along said West Right -of -Way, a distance of 130.94 feet; thence S52°54'58"W along the Easterly line
of said Lot Seven (7), a distance of 112.81 feet to the point of beginning;
The East half (E 1/2), less the North Thirty Feet (30'), of vacated Wayne Court right-of-way shall
revert to Lots One (1) and Two (2), Block Two (2) of the Wayne Addition, City of Salina, Saline
County, Kansas; and
The West half (W 1/2), less the North Thirty Feet (30'); of vacated Wayne Court right-of-way
shall revert to Lot One (1) and Two (2), Block One (1) of the Wayne Addition, City of Salina, Saline
County, Kansas.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds, this vacation of street right-of-way relates to the tracts of real property
described as Lots Seven (7), Block Six (6) of the Shalimar Plaza Addition and Lots One (1) and Two
(2), Block One (1) and Lots One (1) and Two (2), Block Two (2) of the Wayne Addition, City of
Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 16-10821 Summary
On March 7, 2016 the City of Salina, Kansas, passed Ordinance No. 16-10821. The ordinance vacates
Wayne Court as a public street north of Wayne Avenue in the Wayne Addition, which is no longer
needed to provide public street access to adjacent properties. A complete copy of the ordinance is
available at %vww.salina-ks.sov or in the office of the city clerk, 300 W. Ash Street, free of charge. This
summary is certified by the city attorney.
Section 6. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: March 7, 2016
Passed: March 7. 2016
Oonlanchard, Mayor
[SEAL]
w ATTEST:
Shanks, CMC, City Clerk
0
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Certification of Publication Summary:
G A. B gt n, Ci Attorney
0
n
EXHIBIT 'A'
A PORTION OF WAYNE COURT R/W, WAYNE ADDITION
SALINA, SALINE COUNTY, KANSAS
RIGHT-OF-WAY VACAl1ON DESCRIPTION:
A PORTION OF WAYNE COURT RIGHT-OF-WAY, WAYNE ADDITION TO
THE CITY OF SALINA, SALINE COUNTY, KANSAS BEING MORE
PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 1 OF SAID WAYNE
ADDITION; THENCE ON A PLATTED BEARING OF N 90'00'00" E ON THE
NORTH LINE OF SAID WAYNE ADDITION, A DISTANCE OF 47.14 FEET
TO THE NORTHWEST CORNER OF BLOCK 2 OF SAID.WAYNE ADDITION;
THENCE S 00'00'00' E ON THE EASTERLY RIGHT-OF-WAY LINE OF
SAID WAYNE COURT, A DISTANCE OF 9.47 FEET; THENCE CONTINUING
ON SAID EASTERLY RIGHT-OF-WAY LINE, ON A CURVE TO THE RIGHT
HAVING A RADIUS OF 42.50 FEET, AN ARC LENGTH OF 108.01 FEET;
A CHORD BEARING OF S 11'34'13" E, AND A CHORD DISTANCE OF
81.20 FEET; THENCE S 61'13'33" W CONTINUING ON SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 100.88 FEET; THENCE
N 32'29'31" W A DISTANCE OF 58.52 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF SAID WAYNE COURT; THENCE
N 49'05'23" E ON SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 51.79 FEET; THENCE CONTINUING ON SAID WESTERLY
RIGHT-OF-WAY LINE, ON A CURVE TO THE LEFT HAVING A RADIUS
OF 55.27 FEET, AN ARC LENGTH OF 59.88 FEET, A CHORD BEARING
OF N 17'39'57" E, AND A CHORD DISTANCE OF 56.99 FEET TO THE
POINT OF BEGINNING.
742 DUVALL AVENUE
SAUNA, KANSAS 67401
PH. (785) 823-3400 1 FAX (785) 823-3411
soOkveng.00m I w .kveng.com
"W. VALLEY ENGINEERING
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EXHIBIT 'B'
A PORTION OF WAYNE COURT R/W, WAYNE ADDITION
SALINA, SALINE COUNTY, KANSAS
POINT OF BEGINNING
NE COR, BLOCK 1, WAYNE ADDITION
L=59.88'
CB=N 17'39'57" E
CD=56.99'
BLOCK 1
SHALIMAR ADDITION
NW COR, BLOCK 2,
N 90000'00" E WAYNE ADDITION
47.14' c nn•nn'I
9.4
L=108.01'
R=42.50'
CB=S 11'34'13" E
CD=81.20'
WAYNE COURT R/W
.,J
742 DUVALL AVENUE
SAUNA, KANSAS 67401
PH. (785) 823-3400 I FAX (785) 823-3411
scak"nq.com I "w.kv q.cam
V KAW VALLEY ENGINEERING
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11111111 IN 11111iii 111 iii 11111111111111i1lii 11111r1111i 1111r11111i 111111111111
_ „• REBECCA SEEMAN
" .- ":REGISTER OF DEEDS SALIN
,._�; ,, E COUNTY KANSAS
973-978
°F -Book:1315 Page:
,"'Receipt #: 105024 Recording Fee: $0.00
Pages Recorded: 6 CN -�
Date Recorded: 7/29/2016 10 :18:04 AM
Type of Document Ordinance
Total Recording Fees $0.00
Return Address CITY OF SALINA
ROOM 206 SHANDI
1
1
1
B 1315 Noe: 914
(Summary published in The Salina Journal on March, 2016.)
(Puhlished on the City of Salina's website from March 5k_,2016.)
_ e
ORDINANCE NUMBER 16-10821
AN ORDINANCE ORDERING THE VACATION OF RIGHT-OF-WAY FOR WAYNE
COURT IN THE WAYNE ADDITION TO THE -CITY OF SALINA, SALINE COUNTY,
KANSAS.
BE IT ORDAINED by'the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On February 2, 2016, the Salina City Planning
Commission conducted a public hearing ("Public Hearing') on the petition filed by Salina Regional
Health Center ("Petitioner") requesting vacation of Wayne Court in the Wayne Addition in the City
of Salina, Saline County, Kansas, more particularly described as follows:
Right-of-Wav Vacation Description:
A portion of Wayne Court right-of-way, in the Wayne Addition to the City of Salina, Saline
County, Kansas being more particularly described on the attached and incorporated Exhibit A and
depicted on the attached and incorporated Exhibit B (the "Right-of-WaV').
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) With the Petitioner's grant of an access easement, emergency access to the east side of the
Southgate Professional building and the west side of the Salina Regional Center Family Practice
Clinic will be maintained. Fire Department access to a fire hydrant between the buildings will
also be maintained.
(C) The proposal to convert Wayne Court from a public street to a private access drive with an
access easement would not change the existing traffic flow and pattern, only ownership and
maintenance responsibility would change.
(D) Wayne Court is not needed to provide public street access and/or footage to any developed
or undeveloped parcel. Vacation of Wayne Court as a public street would not affect the
developability of any property.
(E) No private rights will be injured or endangered by the proposed street closure and right-of-
way vacation. The rights of public and franchise utilities will be protected by retention of the
vacated Right -of -Way as a utility/drainage easement.
(F) The general public will suffer no loss or inconvenience if Wayne Court is closed as a public
street and the Right -of -Way is vacated because an access easement will preserve vehicle access
to adjacent properties.
Section 3. Order of Vacation. The Right -of -Way is ordered vacated, subject to the following
conditions:
(a) The petitioner is responsible for the cost of all pavement removal on Wayne Court.
J
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Li
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Book: 1315 Page: 975
(b) The entire vacated right-of-way shall be retained as a public utility/drainage easement;
and shall revert in accordance with K.S.A. 13-443, as follows:
JThe North Thirty feet (30') of vacated Wayne Court right-of-way shall revert to that portion of
Lot Seven (7), Block Six (6), Shalimar Plaza Addition, Salina, Saline County, Kansas, being more
particularly described as follows: Beginning at the Southeast corner of said Lot Seven (7), thence on a
platted bearing of S90°00'00"W along the South line of said Lot Seven (7) a distance of 275.40 feet,
thence N00116' 18"W a distance of 198.97 feet; thence N90°00'00"E parallel to said South line, a
distance of 365.72 feet to a point on the West Right -of -Way line of Ohio Street, thence S00°16' 19"E
along said West Right -of -Way, a distance of 130.94 feet; thence S52054'58"W along the Easterly line
of said Lot Seven (7), a distance of 112.81 feet to the point of beginning;
The East half (E 1/2), less the North Thirty Feet (30'), of vacated Wayne Court right-of-way shall
revert to Lots One (1) and Two (2), Block Two (2) of the Wayne Addition, City of Salina, Saline
County, Kansas; and
The West half (W1/2), less the North Thirty Feet (30'), of vacated Wayne Court right-of-way
shall revert to Lot One (1) and Two (2), Block One (1) of the Wayne Addition, City of Salina, Saline
County, Kansas.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds, this vacation of street right-of-way relates to the tracts of real property
described as Lots Seven (7), Block Six (6) of the Shalimar Plaza Addition and Lots One (1) and Two
(2), Block One (1) and Lots One (1) and Two (2), Block Two (2) of the Wayne Addition, City of
Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 16-10821 Summary
On March 7, 2016 the City of Salina, Kansas, passed Ordinance No. 16-10821. The ordinance vacates
Wayne Court as a public street north of Wayne Avenue in the Wayne Addition, which is no longer
needed to provide public street access to adjacent properties. A complete copy of the ordinance is
available at %-.,%v%v.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This
summary is certified by the city attorney.
Section 6. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: March 7, 2016
Passed: March 7. 2016
1
1
Book: 1315 Page: 976
O/--
on Mayor
Z
[SEAL]
ATTEST:
Shani Wicks, CMC, City Clerk
Certification of Publication Summary:
G A. Bti
n, Ci Attorney
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 16-10821 that was
adopted by the Governing Body of the City of Salina
at th it reg eeting on March 7, 2016.
GMA
Miki Orr .'; �e7o
Administrative Assistant III
z4
Book: 1315 Page: 977
EXHIBIT 'A'
A PORTION OF WAYNE COURT R/W, WAYNE ADDITION
SALINA, SALINE COUNTY, KANSAS
RIrHT-0E- AY- VACATION DESCRIPTION:
A PORTION OF WAYNE COURT RIGHT—OF—WAY, WAYNE ADDITION TO:
THE CITY OF SAUNA, SALINE COUNTY, KANSAS BEING MORE
PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 1 OF SAID WAYNE
ADDITION; THENCE ON A PLATTED BEARING OF N 90'00'00' E ON THE
NORTH LINE OF SAID WAYNE ADDITION, A DISTANCE OF 47.14 FEET
TO THE NORTHWEST CORNER OF BLOCK 2 OF SAID . WAYNE ADDITION;
THENCE S 00'00'00' E ON THE EASTERLY RIGHT—OF—WAY LINE OF
SAID WAYNE COURT, A DISTANCE OF 9.47 FEET; THENCE CONTINUING
ON SAID EASTERLY RIGHT—OF—WAY LINE, ON A CURVE TO THE RIGHT
HAVING A RADIUS OF 42.50 FEET, AN ARC LENGTH OF 108.01 FEET;
A CHORD BEARING OF S 11'34'13" E, AND A CHORD DISTANCE OF
81.20 FEET; THENCE S 61'13'33" W CONTINUING ON SAID EASTERLY
RIGHT—OF—WAY LINE, A DISTANCE OF 100.88 FEET; THENCE
N 32'29'31" W A DISTANCE OF 58.52 FEET TO A POINT ON THE
WESTERLY RIGHT—OF—WAY LINE OF SAID WAYNE COURT; THENCE
N 49'05'23" E ON SAID WESTERLY RIGHT—OF—WAY LINE, A DISTANCE
OF 51.79 FEET; THENCE CONTINUING ON SAID WESTERLY
RIGHT—OF—WAY LINE, ON A CURVE TO THE LEFT HAVING A RADIUS
OF 55.27 FEET, AN ARC LENGTH OF 59.88 FEET, A CHORD BEARING
OF N 17'39'57" E, AND A CHORD DISTANCE OF 56.99 FEET TO THE
POINT OF BEGINNING.
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742 DUVALL AVENUE
SAUNA, KANSAS 67401
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scGkvmq,com 1 wwa.kveng.com
T KAW VALLEY ENGINEERING 2 0EXBA 1222I
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Rook: 1315 Page: 978
EXHIBIJ 'B'
A PORTION OF WAYNE COURT R/W, WAYNE ADDITION
SALINA, SALINE COUNTY, KANSAS "
POINT OF BEGINNING
NE COR, BLOCK 1, WAYNE ADDITION
L=59.88'
R=55.27'
CB=N 17'39'57" E
CD=56.99'
BLOCK 1
SHALIMAR ADDITION
NW COR, BLOCK 2,
N 90'00'00" E WAYNE ADDITION
47.14 S 00'00'00"
9.47'
L=108.01'
R=42.50'
CB=S 11'34'13" E
CD=81.20'
WAYNE COURT R/W
S
742 DUVALL AVENUE
SAUNA. KANSAS 67401
RM PH. (785) 823-34001 FAX (785) 823-3411
aoCkveng.com I www.kveng.com
`V:KA1N VALLEY ENGINEERING
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