22-11097 Alley Vacation North Third Between Otis and Euclid Avenues-
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(Summary published in The Salina Journal on February Jl_, 2022.)
(Published on the Citv of Salina's website from Februarv II to !.~ 2022.)
ORDINANCE NUMBER 22-11097
AN ORDINANCE ORDERING THE VACATION OF A FIVE-FOOT WIDE NORTH-SOUTH
ALLEY RIGHT-OF-WAY LOCATED AT THE REAR OF THE LOTS LOCATED ON THE
EAST SIDE OF NORTH THIRD STREET BETWEEN OTIS AVENUE AND EUCLID
AVENUE IN THE EPISCOPAL MILITARY INSTITUTE ADDITION TO THE CITY OF
SALINA, SALINE COUNTY, KANSAS, AND RESERVING TO THE CITY A PUBLIC
UTILITY EASEMENT IN, OVER, UNDER, AND THROUGH THE ENTIRE VACATED
ALLEY RIGHT-OF-WAY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On January 24, 2022, the Salina City Commission
conducted a public hearing ("Public Hearing") on the petition filed by Jason Miller ("Petitioner")
requesting vacation of a five-foot wide north-south alley right-of-way located at the rear of the lots
located on the east side of North Third Street between Otis A venue and Euclid A venue in the Episcopal
Military Institute Addition to the City of Salina, Saline Co unty , Kansas , legally described as follows:
The North-South Alley that abuts the East line of the odd numbered Lots 1-31, Block
27, Episcopal Military Institute Addition, City of Salina, Saline County, Kansas. (the
"Right-of-Way")
Section 2 . Findings and Conclusions. The Governing Body determines from the evidence
presented:
(A) Due and legal notice has been given by publication as required by law.
(B) The public will suffer no loss or inconvenience by the vacation of this alley right-of-way
because the alley has never been improved or used for public vehicle access. Franchise utilities
will be protected by retention of a public utility easement.
(C) No private rights will be injured or endangered because vacation of the alley right-of-way
would only result in adding five feet to the depth of the lots on the east side of North Third
Street.
(D) Injustice to the Petitioner, vacation of the alley right-of-way sho uld be granted because the
continued presence of the alley right-of-way no longer serves a public purpose and is inhibiting
construction of a new outbuilding on property owned by the Petitioner.
(E) The public interest is promoted by the vacation of the alley right-of-way because it would
eliminate public ownership of a strip of land that is not being used or maintained by the public.
Section 3. Order of Vacation and Reservation of Public Utility Easement. The Right-of-
Way is ordered vacated, subject to the City's reservation of a public utility easement in, over, under , and
through the entire vacated Right-of-Way.
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Section 4. Reversion. Subject to the reserved public utility easement, the vacated Right-of-Way
shall revert in accordance with K.S.A . 13-443 to:
The odd numbered Lots 1-31 , Block 27, Episcopal Military Institute Addition, City of
Salina, Saline County, Kansas.
Section 5. Recording. For the purpose ofrecording this ordinance with the office of the Saline
County Register of Deeds, this vacation of the Right-of-Way relates to the tracts of real property
described as:
The odd numbered Lots 1-31, Block 27, Episcopal Military Institute Addition, City of
Salina, Saline County, Kansas.
Section 6. Effective Upon Adoption and Publication by Summary. This ordinance shall be
in full force and effect from and after its adoption and publication once in the official city newspaper by
the following summary:
Ordinance No. 22-11097 Summary
On February 7 , 2022 the City of Salina, Kansas, passed Ordinance No. 22-1 l 097. The ordinance vacates
a five-foot wide north-south alley right-of-way located at the rear of the lots located on th e east s ide of
North Third Street between Otis Avenue and Euclid Avenue in the Episcopal Military Institute Ad dition
to the City of Salina, Kansas, which no longer serves a public purpose, and retains a public utility
easement in its place. 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.
Introduced : January 24, 2022
Passed: February 7, 2022
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Trent W. Davis, M.D., Mayor