04-10187 Vacate 9th Frontage Rdi
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(Published in the Salina Journal on July /� , 2004)
ORDINANCE NUMBER 04-10187
AN ORDINANCE PROVIDING FOR THE VACATION OF FORTY-FIVE FEET
OF PUBLIC STREET RIGHT-OF-WAY FOR THE NORTH NINTH STREET FRONTAGE
ROAD FROM DIAMOND DRIVE TO GOLD ROAD ADJACENT TO THE GRAIN BELT
SUBDIVISION IN THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on February 3, 2004, the Salina City Planning Commission conducted a
public hearing on the petition filed by Darwin and Delma Sampson on behalf of the D.L. Sampson Trust
No. 1 ("Petitioner") requesting vacation of the forty-five (45) foot public street right-of-way for the
North Ninth Street Frontage Road between Diamond Drive and Gold Road adjacent to the Grain Belt
Subdivision in the City of Salina, Saline County, Kansas, more particularly described as follows:
All that right-of-way for the North Ninth Street Frontage Road bounded
by the north right-of-way line of Diamond Drive on the south, the east
right-of-way line of Old U.S. Highway 81 on the west, the south right-
of-way line of Gold Road on the north and the west line of Block 2 of
the Grain Belt Subdivision on the east in the City of Salina, Saline
County, Kansas
The above described right-of-way to be vacated contains fourteen thousand two hundred
and fifteen (14,215) square feet, more or less.
hearing that:
Section 2. That the governing body finds from the evidence presented at the public
(a) Due and legal notice has been given by publication as required by law.
(b) No private rights will be injured or endangered by vacation of the right-
of-way.
(c) In justice to the Petitioner vacation of the right-of-way should be
granted.
Section 3. That the right-of-way is hereby vacated and shall revert to the owners of Lots
1 and 2, Block 2, of the Grain Belt Subdivision in the City of Salina, Saline County, Kansas, in
accordance with K.S.A. 13-443, provided however that vacation of the above described right-of-way
is subject to the following conditions:
(a) Upon vacation of the frontage road right-of-way, the owner/tenant shall provide private
improvements to the site which substantially conform with the attached Exhibit `B" entitled
"Amoco North Ninth Street Concept Plan". The final plans for the site improvements shall comply
with all current city codes and regulations.
(b) Upon vacation of the frontage road right-of-way, the City of Salina shall initiate the redesign and
reconstruction of the intersection of North Ninth Street and Diamond Drive to improve traffic safety
and access to all vehicles. The work will include the removal and disposal of existing pavement
on the frontage road. The cost of all design and construction shall be borne by the City of Salina.
The design and construction shall be consistent with the Amoco Station site improvements. The
property owner/tenant shall have the opportunity to review and comment on the intersection design
documents.
(c) Upon vacation of the frontage road right-of-way, the City of Salina shall initiate the redesign and
reconstruction of the public storm drainage system currently located in the median between North
Ninth Street and the frontage road, and between Diamond Drive and Gold Road. The cost of all
design and construction shall be borne by the City of Salina. The design and construction shall be
consistent with the Amoco Station site improvements. The property owner/tenant shall have the
opportunity to review and comment on the storm drainage design documents.
(d) Upon vacation of the frontage road right-of-way, this land shall revert to the ownership of the D.L.
Sampson Trust #1 with no additional land transaction costs contingent on the City of Salina first
receiving a quit claim deed from KDOT for the 45 ft. strip of frontage road right-of-way.
(e) The City shall retain the entire forty-five (45) feet of vacated right-of-way as a utility easement.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
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[SEAL]
ATTEST:
Penny Day, uty City 1 rk
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Introduced: February 9, 2004
Passed: July 12, 2004
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-Munte-Shudwick—, *1ayor -
Deborah Divine, Vice -Mayor