17-10912 Vacation of North-South Alley (Santa Fe & South 5th) (Summary published in The Salina Journal on May 10 , 2018.)
(Published nn the ('itv of Salina's website from May 43 — (nom 2.2 2018.1
ORDINANCE NUMBER 17-10912
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH-
SOUTH ALLEY LOCATED ON THE BLOCK BORDERED BY EAST MULBERRY
STREET ON THE SOUTH,SOUTH SANTA FE AVENUE ON THE WEST,EAST WALNUT
STREET ON THE NORTH AND SOUTH FIFTH STREET ON THE EAST IN THE
ORIGINAL TOWN (NOW CITY) OF SALINA, SALINE COUNTY, KANSAS.
72
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On December 4,2017 the Governing Body conducted
a public hearing ("Public Hearing") on the petition filed by Dan Boos, Director of Real Estate, on
behalf of Blue Beacon International ("Petitioner"), requesting vacation of the following described
portion of a platted alley:
Alley Right-of-Way
A portion of a ten foot (10') north-south alley beginning at the north right-of-way line of
Mulberry Street and ending at a point 290.92 feet north of the north right-of-way line of
Mulberry Street abutting Lot one hundred fifty-seven (157), Lot one hundred fifty-nine (159),
Lot one hundred sixty-one (161), Lot one hundred sixty-three (163), Lot one hundred sixty-
five (165) and Lot one hundred sixty-seven (167) on Santa Fe Avenue and Lot one hundred
fifty-eight (158), Lot one hundred sixty (160), Lot one hundred sixty-two (162), Lot one
hundred sixty-four (164), Lot one hundred sixty-six (166) and Lot one hundred sixty-eight
(168) on Fifth Street in the Original Town (now city) of Salina, Saline County, Kansas,
("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 existing sanitary' sewer, gas lines and electric lines are being relocated and no other
public or franchise utilities are located in the Alley Right-of-Way. 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 alley no longer serves a public purpose and is inhibiting
construction of a new downtown hotel.
(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 downtown hotel on this site.
Section 3. Preconditions. Vacation of the Alley Right-of-Way was made subject to the
requirements that the following preconditions be met between first and second readings of this
Ordinance:
(a) The petitioner must make satisfactory financial arrangements with those public and
franchise utilities who have utility lines within the Alley Right-of-Way for the relocation of
N
those utility lines:
(b) The petitioner must execute a transferee agreement with the City of Salina for the hotel
project; and
(c) The petitioner must dedicate all public utility easements needed to accommodate the
relocated public and franchise utilities.
Approval on second reading and publication of this ordinance by summary serves as confirmation of
satisfaction of these preconditions.
Section 4. Order of Vacation and Reservation of Temporary Public Utility Easement.The
Alley Right-of-Way is ordered vacated and shall revert in accordance with K.S.A. 13-443; subject,
however, to a reservation to the city of a temporary public utility easement pursuant to K.S.A. 12-
505(a) until the public sanitary sewer main located within the reserved temporary public utility
easement has been filled and abandoned in place in a manner approved by the City's director of
utilities.
Section 5. 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 Lot one hundred fifty-seven (157); Lot one hundred fifty-nine (159), Lot one hundred
sixty-one (161), Lot one hundred sixty-three (163), Lot one hundred sixty-five (165) and Lot one
hundred sixty-seven (167) on Santa Fe Avenue and Lot one hundred fifty-eight (158), Lot one
hundred sixty (160), Lot one hundred sixty-two (162), Lot one hundred sixty-four (164), Lot one
hundred sixty-six (166) and Lot one hundred sixty-eight (168) on Fifth Street in the Original Town
(Now City) of Salina, Saline County, Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 17-10912 Summary
On May 7, 2018,the City of Salina, Kansas,passed Ordinance No. 17-10912. The ordinance vacates a
portion of an alley located in the block bordered by East Mulberry Street on the south, South Santa Fe
Avenue on the west, East Walnut Street on the north and South Fifth Street on the east which no longer
serves a public purpose. A complete copy of the ordinance is available at www.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 7. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
1 Introduced: December 4, 2017
Passed: May 7, 2018
cgt.Ae<7. ?EA.—
w Karl F. Ryan, Mayor
[SEAL]
N
O
U
ATTEST:
10 /�v U
t12d
Shandi Wicks- CMC, City Clerk
The publication summary set forth above is certified this_RJ,day of May, 2018.
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A .
Gr-•i t Bengtso ' A - .mey
ill
1
1
�IIIIIII�I�J I�!IIi�IIIISIIDTII1111111111�II�iIII!�IIID AlliIIIlIIIilkIIIIIIII
REBECCA SEEMAN
f - •'•REGISTER OF DEEDS SALINE COUNTY KANSAS
-)Book:1342 Page: 448-451
:a'Receipt #: 116778 iRecording Fee: $0.00
Pages Recorded: 4 cm)N tI
•
Date Recorded: 5/10/2018 3:45: 18 PM
•
•
Type of Document Ordinance
Total Recording Fees $0.00
Return Address CITY OF SALINA
ALLISON
ROOM 206
Book 1342 Page 449
(Summary published in The Salina Journal on May 10 , 2018.)
(Puhliched nn the ('inc of Salina's wrhsite from May 4S — mom 2'2.. 2018.)
ORDINANCE NUMBER 17-10912
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH-
SOUTH ALLEY LOCATED ON THE BLOCK BORDERED BY EAST MULBERRY
STREET ON THE SOUTH,SOUTH SANTA FE AVENUE ON THE \VEST, EAST WALNUT
STREET ON THE NORTH AND SOUTH FIFTH STREET ON THE EAST IN THE
ORIGINAL TOWN (NOW CITY) OF SALINA, SALINE COUNTY, KANSAS.
r,
s
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
s
Section 1. Petition and Public Hearing. On December 4,2017 the Governing Body conducted
a public hearing ("Public Hearing") on the petition filed by Dan Boos; Director of Real Estate, on
behalf of Blue Beacon International ("Petitioner"), requesting vacation of the following described
portion of a planed alley:
Alley Right-of-Way
A portion of a ten foot (10') north-south alley beginning at the north right-of-way line of
Mulberry Street and ending at a point 290.92 feet north of the north right-of-way line of
Mulberry Street abutting Lot one hundred fifty-seven (157). Lot one hundred fifty-nine (159),
Lot one hundred sixty-one (161), Lot one hundred sixty-three (163), Lot one hundred sixty-
five (165) and Lot one hundred sixty-seven (167) on Santa Fe Avenue and Lot one hundred
fifty-eight (158); Lot one hundred sixty (160). Lot one hundred sixty-two (162), Lot one
hundred sixty-four (164); Lot one hundred sixty-six (166) and Lot one hundred sixty-eight
(168).on Fifth Streetin the Original Town (now city) of Salina; Saline County, Kansas,
("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 existing sanitary sewer, gas lines and electric lines are being relocated and no other
public or franchise utilities are located in the Alley Right-of-\Vay. 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 alley no longer serves a public purpose and is inhibiting
construction of a new downtown hotel.
(E)The public interest is promoted by the vacation of the Alley Right-of-Way because it would
Book 1342 Pages 450
allow the petitioner to construct a new downtown hotel on this site.
Section 3. Preconditions. Vacation of the Alley Right-of-Way was made subject to the
requirements that the following preconditions be met between first and second readings of this
7.
Ordinance:
(a) The petitioner must make satisfactory financial arrangements with those public and
a franchise utilities who have utility lines within the Alley Right-of-\\'ay for the relocation of
N
those utility lines;
(b) The petitioner must execute a transferee agreement with the Cin- of Salina for the hotel
project: and
(c) The petitioner must dedicate all public utility easements needed to accommodate the
relocated public and franchise utilities.
Approval on second reading and publication of this ordinance by summary serves as confirmation of
satisfaction of these preconditions.
Section 4. Order of Vacation and Reservation of Temporary Public Utility Easement.The
Alley Right-of-Way is ordered vacated and shall revert in accordance with K.S.A. 13-443; subject,
however, to a reservation to the city of a temporary public utility easement pursuant to K.S.A. 12-
505(a) until the public sanitary sewer main located within the reserved temporary public utility
easement has been filled and abandoned in place in a manner approved by the City's director of
utilities.
Section 5. 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 Lot one hundred fifty-seven (157), Lot one hundred fifty-nine (159), Lot one hundred
sixty-one (161), Lot one hundred sixty-three (163); Lot one hundred sixty-five (165) and Lot one
hundred sixty-seven (167) on Santa Fe Avenue and Lot one hundred fifty-eight (158); Lot one
hundred sixty (160), Lot one hundred sixty-two (162); Lot one hundred sixty-four (164), Lot one
hundred sixty-six (166) and Lot one hundred sixty-eight (168)on Fifth Street in the Original Town
(Now City) of Salina, Saline County, Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 17-10912 Summary
On May 7, 2018,the City of Salina, Kansas, passed Ordinance No. 17-10912. The ordinance vacates a
portion of an alley located in the block bordered by East Mulberry Street on the south, South Santa Fe
Avenue on the west. East Walnut Street on the north and South Fifth Street on the east which no longer
serves a public purpose. A complete copy of the ordinance is available at w w.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 7. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Book 1342 Page 451
I
Introduced: December
2018 4. 2017
Passed:
c‘e.. . ?L.--
Karl F. Ryan, Mayor
2 [SEAL]
3
ATTEST:
I. O
Shandi Wicks, CMC, City Clerk
The publication summary set forth above is certified this SjAday of May. 2018.
1At
-44 (2 eb't". ,,
•
Or > Bengtso ' A .rney
•
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 17-10912 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on May 7. 2018.
k 1870 :2
1l` It':
Allison City 1;.f+�,-_ J5
•
Deputy City Clerk a„ r