16-10832 S 4th Street Vacation KWU(Summary published in The Salina Journal on May (0 , 2016.)
ORDINANCE NUMBER 16-10832
AN ORDINANCE ORDERING THE VACATION OF RIGHT-OF-WAY FOR SOUTH
FOURTH STREET IN THE GROUNDS OF KANSAS WESLEYAN UNIVERSITY
- ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
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BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
N
= Section 1. Petition and Public Hearing. On April 5, 2016, the Salina City Planning
Commission conducted a public hearing ("Public Hearing") on the petition filed by Kansas
Wesleyan University ('Petitioner") requesting vacation of South Fourth Street abutting the College
Campus in the Grounds of Kansas Wesleyan University Addition in the City of Salina, Saline
County, Kansas, more particularly described as follows:
Right -of -Way Vacation Description:
The right-of-way for the west side of South Fourth Street, in the Grounds of Kansas Wesleyan
University Addition to the City of Salina, Saline County, Kansas being more particularly
described on the attached and depicted on the attached and incorporated Exhibit A (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) Kansas Wesleyan University owns both sides of the entire Fourth Street frontage between
Claflin Avenue and Cloud Street and no other property owner would be directly affected by the
street closure.
(C) The complete closure of Fourth Street would enhance the safety of pedestrians traveling
between the main campus and Graves Family Athletic complex.
(D) Kansas Wesleyan's plans for the area proposed to be closed and vacated would enhance
the aesthetic appearance of their campus and the corridor between Claflin Avenue and Cloud
Street.
(E) The Salina Fire Department has concluded that emergency access to campus facilities can
be maintained under the plans submitted by Kansas Wesleyan and that emergency response time
from Station No. 2 would not be negatively impacted by the closure and elimination of Fourth
Street.
(F) A traffic study prepared on behalf of the petitioner concluded that while the closure of
Fourth Street will affect the level of service performance at street intersections around the
Kansas Wesleyan campus it will not create unsafe conditions at these intersections because the
overall traffic volumes will continue to be low.
(G) No public or franchise utility provider objects to the closure of Fourth Street and the
vacation of the right-of-way for the west side of Fourth Street as long as a utility easement is
retained.
(H) Closure of South Fourth Street will not deprive any other private property of street access or
affect the developability of any neighboring property. No private rights will be injured.
w (I) The general public will suffer no loss or inconvenience as a result of the permanent closure
of South Fourth Street because alternative northbound and southbound routes are available.
N
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 South Fourth Street.
(b) The entire vacated right-of-way shall be retained as a public utility/drainage easement:
(c) The petitioner shall construct a fire access lane along the east side of the Student Activities
Center to ensure continued emergency vehicle access to the all campus buildings and
facilities.
(d) The petitioner shall be responsible for installing a crosswalk on Cloud Street opposite the
south entrance gate to the stadium.
and shall revert to the College Campus in the Grounds of Kansas Wesleyan University Addition to
the City of Salina. Saline County. Kansas in accordance with K.S.A. 13-443.
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 tract of real property
described as College Campus in the Grounds of Kansas Wesleyan University 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. 16-10832 Summary
On May 2, 2016 the City of Salina, Kansas, passed Ordinance No. 16-10832. The ordinance closes and
vacates the west side of South Fourth Street as a public street between Claflin Avenue and Cloud Street,
which is no longer needed to provide public street access to adjacent properties. A complete copy of the
ordinance is available at Nv,. w.satina-ks.eov 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: April 25, 2016
Passed: May 2, 2016
EXHIBIT 'A'
to CLAFLIN
AVE. R/W
0 0
35.34
SCALE: 1"=100'
STREET RIGHT—OF—WAY VACATION:
ALL OF FOURTH STREET RIGHT—OF—WAY LYING NORTH OF
THE NORTH RIGHT—OF—WAY LINE OF CLOUD STREET AND
SOUTH OF THE SOUTH RIGHT—OF—WAY LINE OF CLAFLIN
AVENUE, WEST OF THE RAILROAD RIGHT—OF—WAY, IN
GROUNDS OF THE KANSAS WESLEYAN UNIVERSITY TO THE
CITY OF SAUNA, SALINE COUNTY, KANSAS.
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WILLIAM C. DELKER
KANSAS RLS NO. 1201
delker®kveng.com
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CLOUD
742 DUVALL AVENUE
SAUNA, KANSAS 67401
PH. (785) 823-3400 FAX (785) 823-3411
saCkveng.com I www.kveng.com
*'W W VALLEY ENGINEERING
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IIShanI Wicks. CMC, City Clerk
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-ication of Publication Summary:
r4�74
.
A. Berigtsy5n, City
C
Kay J.
Mayor
Type of Document
Total Recording Fees
ami►��►►►►►►u►ii�u►�►►umiiui►►►►►a►►iuu�►ui►imr�u►►►►►iiiiuii►im►
REBECCA SEEMAN
-'•'�'-'"'���.P.EG[STER OF DEEDS SALINE COUNTY KANSAS
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?Book:1311 Page: 1721-1725
Receipt #: 103371 Recording Fee: 50.00
Pages Recorded: S CNN +
Date Recorded: 5/9/2016 10:50:45 AM
Return Address ROOM 206
MIKI
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' (Summary published in The Salina Journal on May Otb )
(Puhlished on the City of Salina's website from May, h — 1^l 2016.)
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' ORDINANCE NUMBER 16-10832
AN ORDINANCE ORDERING THE VACATION OF RIGHT-OF-WAY FOR SOUTH
FOURTH STREET IN THE GROUNDS OF KANSAS WESLEYAN UNIVERSITY
ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
w
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
N
Section 1. Petition and Public Hearing. On April 5, 2016, the Salina City Planning
Commission conducted a public hearing ("Public Hearing") on the petition filed by Kansas
Wesleyan University ("Petitioner") requesting vacation of South Fourth Street abutting the College
Campus in the Grounds of Kansas Wesleyan University Addition in the City of Salina. Saline
County, Kansas, more particularly described as follows:
Richt-of-Wav Vacation Description:
The right-of-way for the west side of South Fourth Street, in the Grounds of Kansas Wesleyan
University Addition to the City of Salina, Saline County, Kansas being more particularly
described on the attached and depicted on the attached and incorporated Exhibit A (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) Kansas Wesleyan University owns both sides of the entire Fourth Street frontage between
Claflin Avenue and Cloud Street and no other property owner would be directly affected by the
street closure.
(C) The complete closure of Fourth Street would enhance the safety of pedestrians traveling
between the main campus and Graves Family Athletic complex.
(D) Kansas Wesleyan's plans for the area proposed to be closed and vacated would enhance
the aesthetic appearance of their campus and the corridor between Claflin Avenue and Cloud
Street.
(E) The Salina Fire Department has concluded that emergency access to campus facilities can
be maintained under the plans submitted by Kansas Wesleyan and that emergency response time
from Station No. 2 would not be negatively impacted by the closure and elimination of Fourth
Street.
(F) A traffic study prepared on behalf of the petitioner concluded that while the closure of
Fourth Street will affect the level of service performance at street intersections around the
' Kansas Wesleyan campus it will not create unsafe conditions at these intersections because the
overall traffic volumes will continue to be low.
(G) No public or franchise utility provider objects to the closure of Fourth Street and the
vacation of the right-of-way for the west side of Fourth Street as long as a utility easement is
Book J311L Page 1713
retained.
(H) Closure of South Fourth Street will not deprive any other private property of street access or
affect the developability of any neighboring property. No private rights will be injured.
w (I) The general public will suffer no loss or inconvenience as a result of the permanent closure
- of South Fourth Street because alternative northbound and southbound routes are available.
N
O
Section 3. Order of Vacation. The Right -of -Way is ordered vacated, subject to the following
g conditions:
(a) The petitioner is responsible for the cost of all pavement removal on South Fourth Street.
(b) The entire vacated right-of-way shall be retained as a public utility/drainage easement;
(c) The petitioner shall construct a fire access lane along the east side of the Student Activities
Center to ensure continued emergency vehicle access to the all campus buildings and
facilities.
(d) The petitioner shall be responsible for installing a crosswalk on Cloud Street opposite the
south entrance gate to the stadium.
' and shall revert to the College Campus in the Grounds of Kansas Wesleyan University Addition to
the City of Salina, Saline County, Kansas in accordance with K.S.A. 13-443.
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 tract of real property
described as College Campus in the Grounds of Kansas Wesleyan University 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. 16-10832 Summary
On May 2, 2016 the City of Salina, Kansas, passed Ordinance No. 16-10832. The ordinance closes and
vacates the west side of South Fourth Street as a public street between Claflin Avenue and Cloud Street,
which is no longer needed to provide public street access to adjacent properties. A complete copy of the
ordinance is available at wA-A,.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: April 25, 2016
Passed: May 2, 2016
r
1
EXHIBIT 'A'
� CLAFLIN
a AVE. R/W o
to
35.34'(P)
SCALE: 1'=100'
STREET RIGHT—OF—WAY VACATIO
ALL OF FOURTH STREET RIGHT—OF—WAY LYING NORTH OF
THE NORTH RIGHT—OF—WAY UNE OF CLOUD STREET AND
SOUTH OF THE SOUTH RIGHT—OF—WAY UNE OF CLAFUN
AVENUE, WEST OF THE RAILROAD RIGHT—OF—WAY, IN
GROUNDS OF THE KANSAS WESLEYAN UNIVERSITY TO THE
CITY OF SAUNA, SALINE COUNTY, KANSAS.
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WILLIAM C. DELKER
KANSAS RLS NO. 1201
delker@kveng.com
till
39.36'(P)
CLOUD
742 DUVALL AVENUE
SAUNA, KANSAS 67401
PH. (7135) 823-3400 1 FAX (785) 823-3411
scfty g.com I www.kveng.com
® KAW VALLEY ENGINEERING
Book 1.311 Page 171.4
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ATTEST
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Sh�s, CMC, City Clerk
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Certification of Publication Summary:
Kay )'U
Jx%ford,
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No.
16-10832 that was
adopted by the Governing Body of
the City of Salina
at their regular ieetin1, on i\9ay 2.
2016.
1870
�'IIkl Orr ��
Administrauve Assistant III
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Book I -NL Page -D-5