04-10249 Vacate Claflin ROW1 0 C, oAl S"
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(Published in the Salina Journal on November , 2004)
ORDINANCE NUMBER 04-10249
AN ORDINANCE PROVIDING FOR THE VACATION OF THE 22.5 FEET
CLAFLIN AVENUE RIGHT-OF-WAY ON THE NORTH SIDE OF CLAFLINE AVENUE
JUST WEST OF HIGHLAND AVENUE 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 November 15, 2004, the Board of Commissioners conducted a public
hearing on the petition filed by Darrell Victory on behalf of Kansas Wesleyan University ("Petitioner")
requesting vacation of the 22.5 foot public street right-of-way lying adjacent to and immediately south
of Lots 2, 4 and 6, except the west 11 feet on the north side of Claflin Avenue, in the Grounds of Kansas
Wesleyan University, in the City of Salina, Saline County, Kansas.
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
2, 4 and 6 in the Grounds of Kansas Wesleyan University 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 one of the following conditions:
(Applicable condition will be determined prior to second reading.)
(a) The City of Salina would retain a public utility easement for the entire proposed
vacation area.
(b) The petitioner would agree to dedicate a utility easement under separate
instrument for the exact location of the gas line. The easement could be
exclusive to Kansas Gas Service.
(c) The petitioner agrees to pay Kansas Gas Service to relocate their gas line out of
the requested vacated area.
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.
Introduced: November 15, 2004
Passed: November 22, 2004
VOID
[SEAL] Monte Shadwick, Mayor
ATTEST:
Lieu Ann Elsey, CMC, City Clerk