22-11127 Salina Concrete Vacation (recorded with the Register of Deeds)11 1111 11 11111 11 11 111111111111 111 lllll ll lll llll ll lll l ll lll ll lll ll lll ll ll II 111111 11 1111
,,..._.,....;·;;-.... REBECCA SEEMAN
("(~'.'.··":· ..... ~.~>.REGISTER OF DEEDS SALINE COUNTY KANSAS
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\:t._;;;;.);)Book:1415 Page: 1211-1214
\:,~··~·····~':~./Receipt #: 142807 Recording Fee: $0.00
..,_,,.... Pages Recorded: 4C:.N ,J 't +-
Date Recorded: 8/4/2022 11:06:38 AM
ORDINANCE NO . 22-11127
RECORDING FEES : $0 .00
RETURN ADDRESS :
CITY CLERK
ROOM 206
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(Summary published in The Salina Journal on August _f_, 2022 .)
(Published on the City of Salina's website from August.{ to LC( 2022)
Boole 1415 Page: 121
ORDINANCE NUMBER 22-11127
AN ORDINANCE ORDERING THE VACATION OF A TWENTY FOOT WIDE PLATTED
RIGHT-OF-WAY LOCATED IN BLOCK 8 BETWEEN CHICAGO STREET AND
BROADWAY BOULEY ARD AND A TWENTY FOOT WIDE PLATTED ALLEY RIGiiT-OF-
WAY LOCATED IN BLOCK 14 BETWEEN CHICAGO STREET AND BROADWAY
BOULEVARD IN THE ELMDALE ADDITION TO THE CITY OF SALINA, SALINE
COUNTY, KANSAS, AND RESERVING TO THE CITY A PUBLIC UTILITY AND ACCESS
EASEMENT IN, OVER, UNDER, AND THROUGH THE ENTIRE VACATED ALLEY
RIGHT-OF-WAY LOCATED IN BLOCK 8 AND A PUBLIC UTILITY EASEMENT
OVER,UNDER AND THROUGH THE EAST FIFTY FEET OF THE ALLEY VACATED IN
BLOCK14.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On July 25, 2022, the Salina City Commission
conducted a public hearing ("Public Hearing") on the petition filed by Salina Concrete Products , Inc.
("Petitioner") requesting vacation of a twenty foot (20') east-west alley between Chicago Street and
Broadway Boulevard abutting Lots 1-7 and Lot 8-14 in Block 8 and a twenty foot (20') east-west alley
between Chicago Street and Broadway Boulevard abutting Lots 1-7 and Lots 8-14 in Block 14 of the
Elmdale Addition to the City of Salina, Saline County, Kansas, legally described as follows:
The East-West Alleys that abut Lots 1-7 and Lots 8-14, Block 8 and Lots 1-7 and Lots 8-
14, Block 14, Elmdale Addition, City of Salina, Saline County, Kansas (the "Right-of-
Way")
Section 2. Findings and Conclusions. The Governing Body determines from the e~idence
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 neither alley has been used for public vehicle access. Public utility easements are being
retained to protect existing public and franchise utility lines .
(C) No private rights will be injured or endangered because vacation of the alley right-of-way
would only impact Salina Concrete Products' property. The Petitioner owns all property
abutting the right-of-way to be vacated.
(D) Injustice to the Petitioner, vacation of the alley right-of-way should be granted because the
continued presence of the alley right-of-way no longer serves a public purpose and is inhibiting
the ability of the Petitioner to convey fee title to their property on Chicago Street.
(E) The public interest i s promoted by the v acation of the alley right-of-way because it would
eliminate public ownership of two strips of land that are not being used or maintained by the
public.
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Section 3. Order of Vacation and Reservation of Public Utility and Access Easement. The
Right-of-Way is ordered vacated, subject to the City 's reservation of a public utility and access
easement in, over, under, and through the entire vacated Right-of-Way in Block 8 and a public utility
easement for a guyed wire in, over and under and through the East 50 ft. of the vacated Right-of-Way in
Block 14.
Section 4. Reversion. Subject to the reserved public utility and access easement, the vacated
Right-of-Way and shall revert in accordance with K.S .A. 13-443 to:
Lots 1-7 and Lots 8-14, Block 8 and Lots 1-7 and Lots 8-14, Block 14 , Elmdale
Addition to the 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 p~operty
described as:
Lots 1-7 and Lots 8-14 , Block 8 and Lots 1-7 and Lots 8-14, Block 14 , Elmdale
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 . 22-11127 Summary
On August 1, 2022 the City of Salina, Kansas , passed Ordinance No. 22-11127. The ordinance vacates
two twenty foot wide east-west alleys located north of Ash Street and west of Chicago Street in Block 8
and Block 14 of the Elmdale Addition to the City of Salina, Kansas, which no longer serve a public
purpose, and retains a public utility easement in Block 8 and a portion of Block 14 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.
[SEAL]
ATTEST-
Introduced : July 25 , 2022
Passed: August 1, 2022
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Karl Ryan, Vice Mayor
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The publication summary set forth above is certified this / ~ day of August, 2022.
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 22-11127 that was
adopted by the Governing Bod e City of Salina
at their regu o Aug st , 2.