17-10914 Vacation of a Portion of North-South Alley (N Fifth, N Santa Fe, E Elm & E Ash) (Summary published in The Salina Journal on June 21 .2018.)
(Published on the City of Sauna's website from June 19 to July 3, 2018.)
ORDINANCE NUMBER 17-10914
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH-
ALLEY LOCATED ON THE BLOCK BORDERED BY NORTH FIFTH STREET ON THE
EAST, EAST ASH STREET ON THE SOUTH, NORTH SANTA FE AVENUE ON THE
WEST, AND EAST ELM STREET ON THE NORTH IN THE ORIGINAL TOWN (NOW
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 December 4,2017 the Governing Body conducted
a public hearing ("Public Hearing") on the petition filed by Don 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 Ash
Street and ending at a point 300 feet north of the north right-of-way line of Ash Street
abutting Lot sixty-seven (67); Lot sixty-nine (69), Lot seventy-one (71), Lot seventy-three
(73), Lot seventy-five (75), and Lot seventy-seven (77) on Santa Fe Avenue and Lot sixty-
eight (68), Lot seventy (70), Lot seventy-two (72), Lot seventy-four (74), Lot seventy-six (76)
and Lot seventy-eight (78) 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 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 public 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 bowling alley and entertainment center on this site.
(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 bowling alley and entertainment center 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 with the Alley Right-of-WVay, for the relocation of
those utility lines;
(b) The petitioner must execute a transferee agreement with the City of Salina for The Alley
w Entertainment Center project; and
(c) The petitioner must dedicate the public utility easements needed to accommodate the
B relocation of public and franchise utility lines.
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 the reservation by the City of a permanent public utility easement on the north twenty
(20) feet of the vacated alley right-of-way pursuant to K.S.A. 12-505(a) and 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 sixty-seven(67). Lot sixty-nine(69), Lot seventy-one(71), Lot seventy-three(73),
Lot seventy-five (75). and Lot seventy-seven on Santa Fe Avenue and Lot sixty-eight (68), Lot
seventy(70), Lot seventy-two(72), Lot seventy-four(74), Lot seventy-six(76)and Lot seventy-eight
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. 17-10914 Summary
On June 18,2018, the City of Salina. Kansas, passed Ordinance No. 17-10914.The ordinance vacates a
portion of an alley located in the block bordered by North Fifth Street on the east, East Ash Street on the
south, North Santa Fe Avenue on the west and East Elm Street on the north which no longer serves a
public purpose. A complete copy of the ordinance is available at wwv.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.
Introduced: December 4, 2017
Passed: June 18, 2018
Karl F. Ryan. Mayor
[SEAL]
I
z
ATTEST:
6
i.
s Shandi Wicks, CMC, City Clerk
1
0
U
The publication summary set forth above is certified this ay of June, 2018.
vA. Bej•pn, Ci'_ Attorney
I
•
I
��� � ����I111111 M��� 111111IPP 11111111111111
REBECCA SEEMAN
''� ""��•.REGISTER OF DEEDS SALINE COUNTY KANSAS
1'1 _ : )Book:1345 Page: 1108-1111
Receipt #: 118150Recording Fee: 50.00
Pages Recorded: 4 GAN }F
Date Recorded: 7/30/2018 2:24:50 PM •
Type of Document Ordinance
Total Recording Fees $0.00
Return Address CITY OF SALINA
ALLISON ROOM 206
(Summary published in The Salina Journal on June 2-1 .2018.)
• + (Published on the City of Salinas website from June 19 to July 3, 2018.)
Book /34/5 Page j/09
ORDINANCE NUMBER 17-10914
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH-
ALLEY LOCATED ON THE BLOCK BORDERED BY NORTH FIFTH STREET ON THE
EAST, EAST ASH STREET ON THE SOUTH, NORTH SANTA FE AVENUE ON THE
WEST, AND EAST ELM STREET ON THE NORTH IN THE ORIGINAL TOWN (NOW
2 CITY) OF SALINA, SALINE COUNTY, KANSAS.
a.
!3
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 Don 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 Ash
Street and ending at a point 300 feet north of the north right-of-way line of Ash Street
abutting Lot sixty-seven (67)_ Lot sixty-nine (69). Lot seventy-one (71), Lot seventy-three
(73); Lot seventy-five (75), and.Lot seventy-seven (77) on Santa Fe Avenue and Lot sixty-
eight (68), Lot seventy(70), Lot seventy-two (72), Lot seventy-four(74), Lot seventy-six (76)
and Lot seventy-eight (78) 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 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 public 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 bowling alley and entertainment center on this site.
(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 bowline alley and entertainment center 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:
Book 1345 Page: 1110
. t
(a) The petitioner must make satisfactory financial arrangements with those public and
franchise utilities who have utility lines with the Alley Right-of-Way for the relocation of
those utility lines;
(b) The petitioner must execute a transferee agreement with the City of Salina for The Alley
Entertainment Center project; and
(c) The petitioner must dedicate the public utility easements needed to accommodate the
N
relocation of public and franchise utility lines.
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-Nay is ordered vacated and shall revert in accordance with K.S.A. 13-443 subject,
however; to the reservation by the City of a permanent public utility easement on the north twenty
(20) feet of the vacated alley right-of-way pursuant to K.S.A. 12-505(a) and 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 sixty-seven(67); Lot sixty-nine(69), Lot seventy-one(71), Lot seventy-three(73);
Lot seventy-five (75). and Lot seventy-seven on Santa Fe Avenue and Lot sixty-eight (68). Lot
seventy(70); Lot seventy-two(72); Lot seventy-four(74); Lot seventy-six(76)and Lot seventy-eight
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. 17-10914 Summary
On June 18,2018; the City of Salina; Kansas; passed Ordinance No. 17-10914.The ordinance vacates a
portion of an alley located in the block bordered by North Fifth Street on the east; East Ash Street on the
south; North Santa Fe Avenue on the west and East Elm Street on the north 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.
Introduced: December 4, 2017
Passed: June 18; 2018 n
Karl F. Ryan, Mayor
Boole 1345 Page: 1111
• . 4
[SEAL]
ATTEST:
N
Shandi Wicks, CMC, City Clerk
The publication summary set forth above is certified thisav of June, 2018.
A. Be t$n, Ci'. Attorney
•
1
•
— — •=
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 17-10914 that was
adopted by the Governing Body of the City of Salina
�
at their� t /regular meeting on June 18, ' 018.
/tt
Allison Strait / y to 2
1870 'z
Deputy City Clerk 5A .At'i
•,