18-10985 Vacation of Portion of North-South Alley on the block bordered by North 5th St on the east, East Ash St on the South, North Santa Fe Ave on the west and East Elm St on the north (Summary published in The Salina Journal on November 24, 2018)
Posted on the City of Salina website from November 20 to December 4, 2018)
ORDINANCE NUMBER 18-10985
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH-
SOUTH 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:
0
Section 1. Petition and Public Hearing. On November 5. 2018 the Governing Body
conducted a public hearing ("Public Hearing") on the petition filed by Michael D. Forristal,
President, on behalf of Lee Development, LLC ("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 south right-of-way line of Elm
Street and ending at a point seventy-five feet (75') south of the south right-of-way line of Elm
Street abutting Lot Forty-nine (49) and the North half(N1/2) of Lot Fifty-one (51) on Santa
Fe Avenue and Lot Fifty (50) and the North half(N1/2) of Lot Fifty-two (52) 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 there are no water, sanitary sewer,gas or electric lines and no other public or franchise
utilities 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
the redevelopment of the former H.D. Lee Hardware buildings on North Santa Fe Avenue.
(E) The public interest is promoted by the vacation of the Alley Right-of-Way because it would
allow the petitioner to have full title to all the property occupied by the H.D. Lee Hardware
buildings.
Section 3. Order of Vacation. The Alley Right-of-Way,is ordered vacated and shall revert 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 the Alley right-of-way relates to the tract of real property
described as Lot Forty-nine(49)and the North half(N 1/2)of Lot Fifty-one(5 1)on Santa Fe Avenue
and Lot Fifty (50) and the North half(N1/2) of Lot Fifty-two (52) on Fifth Street 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
following summary:
Ordinance No. 18-10985 Summary
On November 19, 2018 the City of Salina, Kansas, passed Ordinance No. 18-10985. 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 runs
underneath the former H.D.Lee Hardware building at 254 North Santa Fe Avenue. A complete copy of
the ordinance is available at www.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.
Introduced: November 5, 2018
Passed: November 19, 2018
Karl F. Ryan, Mayo
[SEAL]
ATTEST:
&a-4 ;1-0(1246
Shandi Wicks, CMC, City Clerk ,��1J/
The publication summary set forth above is certified this a{uriday of November, 2018.
Greg Bengts le Civ Attorney
1
•
i1111111liii1111111111liiiiiiiiiiuiiiiiiiiiii11111 iiiiuiiiull11111111111111
REBECCA SEEMAN
_ *,,REGISTER OF DEEDS SALINE COUNTY KANSAS
>iBook:1350 Page: 780-782
Receipt #: 120244 Recording Fee: $0.00
Pages Recorded: X p j t
Date Recorded: 11/30/2018 2:24:15 PM
Type of Document Ordinance
Total Recording Fees $0.00
Return Address CITY OF SALINA
ROOM 206 SHANDI
(Summary published in The Salina Journal on November 24, 2018)
• Posted on the City of Salina website from November 20 to December 4, 2018)
ORDINANCE NUMBER 18-10985 Book L3. Page MI_
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A NORTH-
SOUTH 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 November 5, 2018 the Governing Body
conducted a public hearing ("Public Hearing") on the petition filed by Michael D. Forristal,
President, on behalf of Lee Development, LLC ('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 south right-of-way line of Elm
Street and ending at a point seventy-five feet (75') south of the south right-of-way line of Elm
Street abutting Lot Forty-nine (49) and the North half(N1/2) of Lot Fifty-one (51) on Santa
Fe Avenue and Lot Fifty (50) and the North half(N1/2) of Lot Fifty-two (52) on Fifth Street
in the Original Town (now City) of Salina, Saline County, Kansas. ("Alley Right-of-Way").
I 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 there are no water, sanitary sewer,gas or electric lines and no other public or franchise
utilities 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
the redevelopment of the former H.D. Lee Hardware buildings on North Santa Fe Avenue.
(E)The public interest is promoted by the vacation of the Alley Right-of-Way because it would
allow the petitioner to have full title to all the property occupied by the H.D. Lee Hardware
buildings.
Section-3. Order of Vacation. The Alley Right-of-Way is ordered vacated and shall revert in
Beak 1350 Page: 782
-_ 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 the Alley right-of-way relates to the tract of real property
described as'<ot Forty-nine(49)and the North half(N 1/2)of Lot Fifty-one(51)on Santa Fe Avenue
andv,ot Fifty (50) and the North half(N1/2) of Lot Fifty-two (52) on Fifth Street 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
following summary:
Ordinance No. 18-10985 Summary
On November 19, 2018 the City of Salina, Kansas, passed Ordinance No. 18-10985. 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 runs
underneath the former H.D. Lee Hardware building at 254 North Santa Fe Avenue.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 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: November 5, 2018
Passed: November 19, 2018
Karl F. Ryan, Mayo
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
The publication summary set forth above is certified this ...2Adayof November, 2018.
Greg Bengtsie Ci - Attorney I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 18-10985 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on November 19. 2018.
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Shandi Wicksy
CND
City Clerk t'.'s�•_ mea
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