98-9877 Vac Pacific Add(Published in The Salina Journal on July10, 1998)
ORDINANCE NUMBER 98-9877
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF AN
ALLEY IN PACIFIC ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on June 22, 1998, the governing body conducted a public hearing on
Petition Number 4163 of Abner Perney for the Salina Habitat for Humanity ("Petitioner") requesting
vacation of that portion of the existing east -west alley in Block Sixteen (16), Pacific Addition, being
Twenty (20) feet wide and extending from the wes line of Fifth Street west to the east line of the
north -south alley in Block Sixteen (16).
The above described Right -of -Way to be vacated contains Two Thousand Three
Hundred and Forty (2,340) square feet, more or less.
Section 2. That the governing body finds 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 this partial right-of-way
vacation. No public utility conflicts exist on the right-of-way proposed for
vacation.
(C) No private rights will be injured or endangered.
(D) The public interest is promoted by the partial right-of-way vacation in the
following manner:
(1) The City retains no future responsibilities related to the unneeded right-of-
way.
(2) The property vacated and reverting to Lots 20, 26, 27, 28, 29, 30, Block 16,
Pacific Addition is returned to the tax rolls.
(3) The vacation promotes more efficient use of land.
Section 3. That the Right -of -Way is hereby vacated and shall revert to the owners of
Lots 20, 26, 27, 28, 29, 30, Block 16, Pacific Addition to the City of Salina, Saline County, Kansas,
in accordance with K.S.A. 13-443, with the condition that the petitioners replace the alley approach
from Fifth Street with standard curb and gutter within six (6) months of the date of this ordinance. If
this condition is not met, the area shall revert to public right-of-way.
Section 4. That the City retains the vacated alley as a utility easement.
Section 5. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
D. Lol, CMC, City C rk
Introduced: June 22, 1998
Passed: July 6, 1998
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Peter F. Brungardt, Mayor