23-11145 Vacation of Alley Recorded with ROD IIII 111 II 111111 111111 III 11111111 11111111
REBECCA SEEMAN
•,,,,,,,,.%,REGISTER OF DEEDS SALINE COUNTY KANSAS
:.' i•;Book:1434 Page: 1328-1330
Receipt #: 150771 Recording Fee: $0.00
Pages Recorded: 3 r./N
Date Recorded: 1/26/2024 10:32:22 AM
ORDINANCE NO. 23-11145
RECORDING FEES: $0.00
RETURN TO:
CITY CLERK
ROOM 206
' (Summary published in The Salina Journal on March /9 , 2023.)
(Published on the City of Salina's website from March /Q to ,3) ,2023_)
Book 1143/A Page CI
111 ORDINANCE NUMBER 23-11145
AN ORDINANCE ORDERING THE VACATION OF A TEN-FOOT WIDE NORTH-SOUTH
ALLEY RIGHT-OF-WAY LOCATED BETWEEN SOUTH SANTA FE AVENUE AND SOUTH
SEVENTH STREET SOUTH OF MULBERRY STREET IN THE ORIGINAL TOWN(NOW
W
CITY) OF SALINA, SALINE COUNTY, KANSAS, AND RESERVING TO THE CITY A
PUBLIC UTILITY EASEMENT IN, OVER, UNDER, AND THROUGH THE ENTIRE
TO
VACATED ALLEY RIGHT-OF-WAY.
0
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
U
Section 1. Petition and Public Hearing. On March 6, 2023, the Salina City Commission
conducted a public hearing ("Public Hearing") on the petition filed by 1858 Properties, LLC
("Petitioner") requesting vacation of a ten-foot wide north-south alley right-of-way located between
South Santa Fe Avenue and South Seventh Street south of Mulberry Street in the Original Town(now
City) of Salina, Saline County, Kansas, legally described as follows:
The North-South Alley that abuts Lots 170 and 172 on Santa Fe Avenue and Lots 169
and 171 on Seventh Street in the Original Town (now 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 the Right-of-Way
because the alley is not a through alley and does not provide access to any other property.
Public and 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 Right-of-Way is
being requested by all of the affected property owners.
(D) In justice to the Petitioner, vacation of the Right-of-Way should be granted because the
continued presence of the alley right-of-way no longer serves a public purpose other than as an
ongoing location for public utilities and the Right-of-Way separates the properties on Mulberry
Street owned by the Petitioner.
(E) The public interest is promoted by the vacation of the Right-of-Way and reservation of a
public utility easement in its place because it would eliminate public ownership of a strip of land
that is no longer being used for public access.
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
IIIthrough the entire vacated Right-of-Way (the "Reserved Public Utility Easement").
•
Book 1141b1"4Page 1330
Section 4. Reversion. Subject to the Reserved Public Utility Easement,the vacated Right-of-
Way and shall revert in accordance with K.S.A. 13-443 to:
Lots 170 and 172 on Santa Fe Avenue and Lots 169 and 171 on Seventh Street in the
Original Town(now 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 170 and 172 on Santa Fe Avenue and Lots 169 and 171 on Seventh Street in the
Original Town (now 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. 23-11145 Summary
On March 13,2023 the City of Salina,Kansas,passed Ordinance No. 23-11145.The ordinance vacates
a ten-foot wide north-south alley right-of-way located between South Santa Fe Avenue and South
Seventh Street south of Mulberry Street in the Original Town(now City)of Salina, Kansas,which no
longer serves a public purpose other than as an ongoing location for public utilities, and reserves 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: March 6, 2023
Passed: March 13, 2023
101A1 QA*
Michael L. Hoppo ; ayor
[SEAL]
ATT / ,'
Zji
JoVonna f' " erford, City Clerk
The publication summary set forth above is certified this Is day of March, 2023.
Gr g . Bengtso City A orney
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