16-10867 Vacating Alley Between N Seventh St and N Santa Fe South of North St0
(Summary published in The Salina Journal on October is , 2016.)
heti on the Citv of Cnlinn'c caehsite from October -L5 — 11%F2 . 2016.)
ORDINANCE NUMBER 16-10867
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH -
SOUTH ALLEY LOCATED BETWEEN NORTH SEVENTH STREET AND NORTH
- SANTA FE AVENUE SOUTH OF NORTH STREETINTHE ORIGINAL TOWN (NOW
w CITY) OF SALINA, SALINE COUNTY, KANSAS.
t BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On October 17, 2016 the Governing Body conducted
a public hearing ("Public Hearing") on the petition filed by Troy Reinert on behalf of Kansas
Properties, LLC ("Petitioner"), requesting vacation of the following described portions of a platted
alley:
Alley Rieht-of-Wav
That portion of a 10 foot alley abutting Lots 1 and 3 on Seventh Street and Lots 2 and 4 on
Santa Fe Avenue in the original Town of Salina, Saline County, Kansas, being more
particularly described as follows:
Beginning at the northwest comer of said Lot 2; Thence South 0015'27" West on the west
line of said Lots 2 and 4, a distance of 74.53 feet to a point on the north right-of-way line of
Atchison, Topeka and Santa Fe railroad right-of-way; Thence South 78'49' 11" West on said
north right-of-way line, a distance of 10.20 feet to a point on the east line of said Lots 1 and 1
Thence North 00' 15'27' East on said east line, a distance of 76.59 feet to the northeast comer
of said Lot 1, said comer also being on the south right-of-way line of North Street; Thence
South 89'34'08" East on said south right-of-way line, a distance of 10.00 feet to the point of
beginning, said tract containing 755 square feet, more or less. ("Alley Right -of -Way').
Section 2. Findings and Conclusions. The Governing Body determines from the evidence
presented:
(A) Due and legal notice of the Public Hearing has been given by publication as required by
law.
(B) The public will suffer no loss or inconvenience by the vacation of the Alley Right -of -Way
because no public or franchise utilities are located in the Alley Right -of -Way and the Alley
Right -of -Way is no longer needed for vehicle access.
(C) No private rights will be injured or endangered because vacation of the Alley Right -of -Way
will not affect any other properties or property owners.
® (D) That in justice to the Petitioner vacation of the Alley Right -of -Way should be granted
because the continued presence of the public alley no longer serves a public purpose and is
inhibiting the ability of the property owner who owns the lots on both sides of the alley to merge
them into a single building lot.
(E) The public interest is promoted by the vacation of the Alley Right -of -Way because it would
allow the petitioner to construct a new building on this site.
Section 3. Order of Vacation. The Alley Right -of -Way is ordered vacated.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds, this vacation of the Alley Right -of -Way relates to the tract of real property
described as Lots 1 and 3 on Seventh Street and Lots 2 and 4 on Santa Fe Avenue in the Original
Town (Now City) of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
ng summary:
Ordinance No. 16-10867 Summary
On October 24, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10867. The ordinance
vacates a portion of an alley located between North Seventh Street and North Santa Fe Avenue south of
North Street which no longer contains any public utilities. A complete copy of the ordinance is available
at Nvw%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 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.
[SEAL]
EVE— IVI
UM
Shanks, City Clerk
Introduced: October 17, 2016
Passed: October 24, 2016
Certifica} on of Publication Summary:
A. Benttsgb, City
Mayor
REBECCA SEEMAN
'•��' REGISTER OF DEEDS SALINE COUNTY KANSAS
iBook:1320 Page: 549-551
i' Receipt #: 107045 Recording Fee: S0.00
Pages Recorded:3CAIN �
Date Recorded: 10/28/2016 10:43:22 AM
Type of Document Ordinance
Total Recording Fees $0.00
Return Address CITY OF SALINA
ALLISON RM 206
(Summary published in The Salina Journal on October l v , 2016.)
Book: 1328 Page: 558
ORDINANCE NUMBER 16-10867
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH -
SOUTH ALLEY LOCATED BETWEEN NORTH SEVENTH STREET AND NORTH
SANTA FE AVENUE SOUTH OF NORTH STREET IN THE ORIGINAL TOWN (NOW
w CITY) OF SALINA, SALINE COUNTY, KANSAS.
v
f BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
a
Section 1. Petition and Public Hearing. On October 17, 2016 the Governing Bodyconducted
a public hearing (`Public Hearing') on the petition filed by Troy Reinert on behalf of Kansas
Properties, LLC ('Petitioner"), requesting vacation of the following described portions of a platted
alley:
Alley Right -of -Way
That portion of a 10 foot alley abutting Lots I and 3 on Seventh Street and Lots 2 and 4 on
Santa Fe Avenue in the original Town of Salina, Saline County, Kansas, being more
particularly described as follows:
Beginning at the northwest corner of said Lot 2; Thence South 00' 15'27' West on the west
line of said Lots 2 and 4, a distance of 74.53 feet to a point on the north right-of-way line of
Atchison, Topeka and Santa Fe railroad right-of-way; Thence South 78'49' 11" West on said
north right-of-way line, a distance of 10.20 feet to a point on the east line of said Lots 1 and 3;
Thence North 00' 15'27' East on said east line, a distance of 76.59 feet to the northeast corner
of said Lot 1, said comer also being on the south right-of-way line of North Street; Thence
South 89'34'08" East on said south right-of-way line, a distance of 10.00 feet to the point of
beginning, said tract containing 755 square feet, more or less. (`Alley Right -of -Way").
Section 2. Findings and Conclusions. The Governing Body determines from the evidence
presented:
(A) Due and legal notice of the Public Hearing has been given by publication as required by
law.
(B) The public will suffer no loss or inconvenience by the vacation of the Alley Right -of -Way
because no public or franchise utilities are located in the Alley Right -of -Way and the Alley
Right -of -Way is no longer needed for vehicle access.
(C) No private rights will be injured or endangered because vacation of the Alley Right -of -Way
will not affect any other properties or property owners.
(D) That in justice to the Petitioner vacation of the Alley Right -of -Way should be granted
because the continued presence of the public alley no longer serves a public purpose and is
inhibiting the ability of the property owner who owns the lots on both sides of the alley to merge
them into a single building lot.
(E) The public interest is promoted by the vacation of the Alley Right -of -Way because it would
a
u
Book: 1328 Page: 551
allow the petitioner to construct a new building on this site.
Section 3. Order of Vacation. The Alley Right -of -Way is ordered vacated.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds, this vacation of the Alley Right -of -Way relates to the tract of real property
described as Lots 1 and 3 on Seventh Street and Lots 2 and 4 on Santa Fe Avenue in the Original
Town (Now City) of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
lowing summary:
Ordinance No. 16-10867 Summary
n October 24, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10867. The ordinance
icates a portion of an alley located between North Seventh Street and North Santa Fe Avenue south of
arth Street which no longer contains any public utilities. A complete copy of the ordinance is available
«vww.salina-ks.aov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary
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.
[SEAL]
ATTEST:
q uJUu&
Shandi Wicks, CMC, City Clerk
Introduced: October 17. 2016
Passed: October 24, 2016
Certifica11on of Publication Summary:
A. Benlltsq(t, City
I
Mayor
hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 16-10867 that was
adopted by the Governing Bodv of the City of Salina
at their regular meeting on October 24, 2016.
c�N OF
Allison Strait ��;4 7970_ ay
Administratixc Assistant III s —5
:i