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Amend Zoning Crawford & ... (2) GUY A. THOMPSON. TRUSTEE MISSOURI PACIFIC LINES T"EPHONE 22,. A. L. WEBB O"""'" ,....., . .......... ..EN' NO '.C ...nON SALINA. KANMS 220 J7í? fry ~1,') !,.r .J f'~Lf j .. '.- 7f~ eTA t ,o;o'-,..w ~. /I~q . fJ. . ^ . ~~ February 9.1952. IIr.Leland Braok. cu, II8DqIr. Salt... ...s. ..- D8ar Mr.Srack: Referring to our pet! 1ö10D tfr reaoD1Dg 11188O1&rl Pacifio prope1't7 between Crawford aDd Bep- ublic AT.DUS SaliJU1 to ..,. light Industrial. Due to objeotions to our loating tb.e Dler~ Lumber Co.. on our 'tr8eka and Republic ATe.. .e .tab. to suggest that coaalderatloD b. gl...n to the rezoning except the south 100 teet which would .l1m1œte ObjectioD8 due to the n-.rn..s to S\III8e1; Park. 'Ife w111 appreciate TOur- bandllng wi th the colllll1saioners. It must be understood tba.~ the abaft Sugge8tion i8 without waiTing any rights ot the 111a8our1 Pacific Railroad. Yours ~. a'f~ .....,~c.>""..c,."",....ê'c"._~."o."""..'i;"""""..~" ..11- COPY ),:ISSOURI PACITIC RAILRJt..D Law Department 923 First I.iational óank Wichita, Kansas April 17,1952. cm.pA.\l' duilding Mr. C. L. Clark Planters State Bank Building Salina, Kansas Dear ¡~r. Clark: Upon receipt of your letter of March 2.5, 1952, we took up with o~officials the matter of the suggestion contained in ;Tour letter that the city would be willing to rezone that part of the tract involved which lies north of the north line of Nilson Street extended to "F" Light Industri&1, excluding from such light industrial classification, however, subdivisions 6 and 30. The railroad is agreeable to the exclusion of subdivisions 6 am 30 from the light industrial classification, but is not willing to have the south line of the li~ht industrial classification fixed at the north line of ohlson Street. The railroad is willing, however, to elimina te from the light indus trial class- ification the south 150 feet of the tract; that is, that the portion of the tract lying between the north line of Republic Avenue extended and a point 150 feet north thereof shall retain a classification of "A" Hesidential. ! t i J 1 r Will you kindly advise us if the above meets with the approval of the city. Very truly yours, LILLESTON SPRADLING GOIT & STALIJíITZ RMH-H By /5/ Ralph M. Hope General Attorneys cc: Mr. A. L. Webb, Division Freight & Passenger Agent. LAW OFFICES CLARK AND MIZE PL'NTERS ST.rE SANK Su,,'.'." SALINA.KANSAS C L CL"'~ J"ME" P MOZE JASON ~ <OROY ¡,lay If), 1952 Ehe Layor and the boaro of Corm,'issioners of theCitJ" of Salina, City Eall Salina, Kansas ~atlsas Re: Petition f~r the rezonine of tr~t certain strip of land owned by the "lssouri Pacific P.ailroad Cuntpan;"., l;¡cing between Crawford Street and Republic Avenue, next west of the railroad right-of-way Gentlemen: As you know, I have been engaginf~ in correspondence wi tJ- the Ler,al Department of t.Ì:e ìÜssouri Pacific Railroad Company re- lating to t!le contention of the railroad that the zoning ordinance of the City of Salina, with respec+, to its application to said land, is unreasonable and void. The railroad contends that, amonf other thin~s: (1) '¡¡-,at the railroad co:7lpan,; i" l:ilnited by its charter in the carrying on of ;;. railroad o;lsÌfJess. fLeet it acquired the land for the pur;,ose of utilizing it incident to that business. 'rœt as a result of the inclusion of s'~ch land in the city as a part of the A residential Jse District under the zoning ordinance that the railroad is completeJ.y deprived of any lav;.f..1l use of such propertyanà that as a result thereo~ the zoninç ordinance, in effect, confiscates ohe property of the railroad. t The railroad has indicated that it intends to institute a suit to compel the city to zone saiò stri_p under the zoninG ordinance and to permit the use tr.creunder as a liGht industrial district. While I <LT not conceding the coITectness of the railroad, that contention does create a serious legal problem. It is possible that the courts would hold the contention of the railroad correct. In such an event the entire strip would be utilized for light industrial purposes. In order to avoid litigation and to further avoid the fossibility of all of said strip being utilized for , i , \ I ì Pa'ce 'iwo Hayor and .~oard of Comrqissioners ;Iay If-, 19:;2 said ~urpose, it is my recomrrendation that the governip~ body undertake to affect a comproJ11Í8e witt. t.'1e railroad so that some reasonable portion of said strip might be utilized by the rail- road under the provisions of the zoning ordinance describing the regulations as to the light industrial use. Yours~ery, truly, C . ~ ~ A""'l<NEY CLC:h !