18-10986 Vacation of East-West Alley located on the block bordered by North 5th St on the East, East Ash 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 18-10986
AN ORDINANCE ORDERING THE VACATION OF AN EAST-WEST 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
w EAST ELM STREET ON THE NORTH IN THE ORIGINAL TOWN (NOW' CITY) OF
SALINA, SALINE COUNTY, KANSAS.
N
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
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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 alley right-of-way:
Alley Right-of-Way
A twenty foot (20') east-west alley public alley extending between the west line of North Fifth
Street on the east and the east line of North Santa Fe on the west which extends over and across
the South twenty feet(20')of Lot Fifty-Eight(58)on Fifth Street and the South Twenty feet(20')
of Lot Fifty-Seven (57) on Santa Fe Avenue 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 a utility easement is being retained for public and 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
construction of and access to needed off-street parking facilities for a proposed housing project
on the east side of 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 construct new off-street parking facilities on this site.
Section 3. Order of Vacation. The Alley Right-of-Way is ordered vacated.The entire vacated I
Alley Right-of-Way is retained as a public utility easement and shall revert, subject to the retained
public utility easement, 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
W described as Lot Fifty-eight (58)on Fifth Street and Lot Fifty-seven (57) on Santa Fe Avenue in the
Original Town (now City) of Salina, Saline County, Kansas.
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Section 5. Summary of ordinance for publication. This ordinance shall be published by the
g following summary:
Ordinance No. 18-10986 Summary
On November 19, 2018 the City of Salina, Kansas, passed Ordinance No. 18-10986. The ordinance
vacates a 20 foot (20') east-west 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 between North Fifth Street and North Santa Fe Avenue.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 6. Effective Date. This ordinance shall be in full force and effect from and after its
I adoption and publication once in the official city newspaper.
Introduced: November 5, 2018
Passed: November 19, 2018
Karl F. Ryan, Mayor
[SEAL]
ATTEST:
totatil
Shandi Wicks, CMC. City Clerk
The pili ion summary set forth above is certified this �bAday of November, 2018.
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Gr:: • . Ben! . ity Attorney
I
REBECCA SEEMAN
" ;;REGISTER OF DEEDS SALINE COUNTY77KANSAS
°c ;. Book:1350 Page:
Receipt #: 120244 Recording Fee: 50.00
Pages Recorded: 3 C, Nr+,
Date Recorded: 11/30/2018 2:24:14 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 18-10986BOok 356 Page LTA.Q
AN ORDINANCE ORDERING THE VACATION OF AN EAST-WEST 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 alley right-of-way:
Alley Right-of-Way
A twenty foot (20') east-west alley public alley extending between the west line of North Fifth
Street on the east and the east line of North Santa Fe on the west which extends over and across
the South twenty feet(20')of Lot Fifty-Eight(58)on Fifth Street and the South Twenty feet(20')
of Lot Fifty-Seven (57) on Santa Fe Avenue 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 a utility easement is being retained for public and 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
construction of and access to needed off-street parking facilities for a proposed housing project
on the east side of 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 construct new off-street parking facilities on this site.
Section 3. Order of Vacation. The Alley Right-of-Way is ordered vacated. The entire vacated
Alley Right-of-Way is retained as a public utility easement and shall revert, subject to the retained
Book 1350 Page: 779
rpublic utility easement, 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
w described as Lot Fifty-eight(58)on Fifth Street and Lot Fifty-seven(57)on Santa Fe Avenue in the
Original Town (now City) of Salina, Saline County, Kansas.
N
5
a Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 18-10986 Summary
On November 19, 2018 the City of Salina, Kansas, passed Ordinance No. 18-10986. The ordinance
vacates a 20 foot (20') east-west 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 between North Fifth Street and 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.
[ I Introduced: November 5, 2018
Passed: November 19, 2018
Karl F. Ryan, Mayor
[SEAL]
ATTES'�T:: � /, ,
8412A4t- w12e4
Shandi Wicks, CMC, City Clerk
The p�li ion summary set forth above is certified this -ZhAdav of November, 2018.
Gr:• . Ben_ , ity Attorney
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 18-10986 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on November 19, 2018.
G�ZY OFg„`,
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pR6Nlj� 9
1970
4 Slctndi Wicks E s'. �_
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