98-9863 Vac Country Club Est 3c�Wsii.
(Published in The Salina Journal on Aprila4 , 1998)
ORDINANCE NUMBER 98-9863
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF
THE PUBLIC RIGHT-OF-WAY OF EASTBOROUGH ROAD IN COUNTRY CLUB
ESTATES NO. 3 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 April 6, 1998, the governing body conducted a
public hearing on Petition Number 4158 of Robert Haworth ("Petitioner")
requesting vacation of existing Right -of -Way for a portion of Eastborough Road
more particularly described as:
Beginning at a point on the west line of Lot Eight (8) , Block One
(1) , Country Club Estates No. 3 Addition and Twenty (20) feet
north of the southwest corner thereof;
- thence north along the west line of said Lot Eight (8) , a distance
of Thirty (30) feet;
- thence continuing along the west line of said Lot Eight (8) on a
curve to the left having a radius of Fifty (50) feet, an arc distance
of Sixty-eight and Forty-seven Hundredths (68.47) feet to a point
which is Thirty-five (35) feet east of the west line of the NEI of
Section 17, Township 14 South, Range 2 West;
- thence south and parallel with said west section line, a distance of
Seventy-nine and Forty-eight Hundredths (79.48) feet to a point
which is Twenty (20) feet north of the south line of said Lot Eight
(8);
- thence east and parallel with said south line a distance of Forty
(40) feet back to the Point of Beginning.
The above described Right -of -Way to be vacated contains Two
Thousand Six Hundred Seventy-six (2,676) 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. The platted cul-de-sac will not ever be
necessary to meet public street transportation requirements.
Retention of the full right-of-way for the Eastborough southern
extension, as well as a 20 foot street right-of-way on the south
edge of Lot 8, allows an efficient and engineeringly sound public
street system to be constructed in the future. No public utility
conflicts exist on the right-of-way proposed for vacation.
(C) No private rights will be injured or endangered. Retention of
the full platted right-of-way for the possible extension of
Eastborough to the south, as well as retention of a 20 foot
street right-of-way on the south portion of Lot 8, allows Lot 9
to retain its current level of access to Eastborough Drive
throughout its common boundary with the current, originally
platted right-of-way. Lot 9 retains more than the minimum 35
foot of street frontage on Eastborough Road, as required by
City subdivision regulations. Future public street construction,
including efficient and effective "turn -around" area is not
inhibited by partial vacation of the platted cul-de-sac
right-of-way. Access to and from properties to the south and
west of Eastborough Drive is not diminished in any way.
(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 Lot 8 is returned
to the tax rolls.
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(3) The vacation promotes more efficient use of land. The
proposed use is more beneficial to the community than the
retention as right-of-way for a future cul-de-sac
unnecessarily large to handle the minimal traffic generated.
(4) The public will incur lower maintenance costs for any future
street by reducing the width of the pavement, without
reducing safety.
(5) Reducing the size and scope of the street/cul-de-sac
reduces costs to property owners for future street
improvements and lowers potential special assessments,
enhancing the affordability of those public improvements
without reducing effectiveness.
(6) Reduced area of street surface from future cul-de-sac
construction results in less impermeable surface and less
stormwater runoff.
(7) Reduced paved area of planned future street improvements
decreases the likelihood of trees being removed for road
construction.
Section 3. That the Right -of -Way is hereby vacated and shall revert
to the owners of Lot 8, Block 1, Country Club Estates No. 3 Addition to the
City of Salina, Saline County, Kansas.
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: April 13, 1998
Passed: April 20, 1998
[SEAL] lKistin M. S ton, Mayor
ATTEST: n
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Jud n . ong , CMC , Cit Clerk