22-11113 Vacation of ROW Logan Avenue"' "'
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(Summary published in The Salina Journal on May .J.1_, 2022.) . .
ORDINANCE NUMBER 22-11113
AN ORDINANCE ORDERING VACATION OF THE PLATTED RIGHT-OF-WAY FO
LOGAN A VENUE WEST OF THE RELOCATED CHANNEL OF DRY CREEK ABUTTING
LOTS 1 AND 2, BLOCK 6 AND PARK NO. 1 AND PARK NO. 2 AND VACATION OF A
THIRTY FOOT WIDE NORTH-SOUTH ALLEY ABUTTING LOTS 1AND3, BLOCK 6, AND
PARK NO. 2 ALL IN THE CHICAGO ADDITION TO THE 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 May 23, 2022, the Salina City Commission
conducted a public hearing ("Public Hearing") on the petition filed by Tom Pestinger ("Petitioner")
requesting vacation of that portion of the platted right-of-way for Logan Avenue located west of the
relocated channel of Dry Creek and a thirty foot wide alley right-of-way abutting Lots 1 and 3 in Block
6 and Park No . 2 in the Chicago Addition to the City of Salina, Saline County, Kansas , legally described
as follows:
That portion of the platted right-of-way for Logan avenue and west of the relocated
channel of Dry Creek abutting Lots 1 and 2 , Block 6 and Park No. 1 and Park No. 2 and
a north-south alley abutting Lots 1 and 3 , Block 6 , and Park No. 2 all in the Chicago
Addition to the 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 of the Public Hearing has been given by publication as required by
law.
(B) The public will suffer no lo s s or inconvenience by the vacation of this street and alley
right-of-way because neither Logan Avenue nor the north-south alley has ever been impro ved or
used for public vehicle access . There are no public or franchise utilities located within the right-
of-way to be vacated.
(C) No private rights will be injured or endangered because vacation of this street and alley
right-of-way would only impact the Petitioner 's property. The Petitioner owns all the property
abutting the right-of-way to be vacated .
(D) Injustice to the Petitioner, vacation of the street and alley right-of-way should be granted
because the continued presence of the street and alley right-of-way no longer serves a public
purpose and is inhibiting the Petitioner 's ability to convey fee title to its property .
(E) The public interest is promoted by the vacation of the street and 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.
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Section 3. Order of Vacation and Reservation of Public Utility Easement. The Right-of-
Way is ordered vacated .
Section 4. Reversion. The vacated Right-of-Way and shall revert in accordance with K.S.A. 13-
443 to:
Lots 1 and 3, Block 6 and Park No. 2 for the vacated alley and Lots 1 and 2, Block 6 and
Park No. 1 and Park No . 2 for vacated Logan A venue in the Chicago Addition, City of
Salina, Saline County, Kansas.
Section 5. Recording. For the purpose of recording 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:
Lots 1, 2 and 3 , Block 6 and Park No. 1 and Park No . 2, all in the Chicago Addition to
the 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. 22-11113 Summary
On May 23, 2022 the City of Salina, Kansas, passed Ordinance No. 22-11113. The ordinance vacates
that portion of the platted right-of-way for Logan Avenue located west of the relocated channel of Dry
Creek and a thirty foot wide alley right-of-way abutting Lots 1 and 3 in Block 6 and Park No. 2 in the
Chicago Addition to the City of Salina, Kansas, which no longer serve 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.
Introduced: May 23, 2022
Passed: May 23, 2022
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Trent W. Davis, M.D., Mayor