97-9823 Vac Kraft Man... (2)(Published in The Salina Journal September /,2 , 1997)
ORDINANCE NUMBER 97-9823
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF
THE PUBLIC RIGHT-OF-WAY ALONG THE EAST SIDE OF SOUTH NINTH
STREET FROM CHARLOTTE AVENUE NORTH TO CLOUD STREET IN THE
KRAFT MANOR ADDITION TO THE CITY OF SALINA, SALINE COUNTY,
KANSAS.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That on August 11, 1997, the governing body conducted
a public hearing on the petition of Delbert D. Frederking, Carry Brooks and
Joe Kroneberger ( "Petitioners") requesting vacation of a part of the
right-of-way along South Ninth Street, adjacent to the West line of Lots 1 and
2, Block 1, Kraft Manor Addition to the city of Salina, Saline County, Kansas,
more particularly described as follows:
Beginning at the Northwest corner of Lot 1, Block 1, Kraft Manor
Addition, said corner being Twenty (20) feet south and Sixty and
Two Tenths (60.2) feet east of the Northwest corner of Section
Twenty-five (25) , Township Fourteen (14) South, Range Three (3)
West ;
- Thence South along the West line of Lots 1 and 2, Block 1,
Kraft Manor Addition, a distance of Seven Hundred feet (700'), more
or less, to the North right-of-way line of Charlotte Avenue; -
Thence West along the North line of Charlotte Avenue extended, a
distance of Twenty-one and Five Tenths (21.5) feet, more or less,
to a point which is Thirty-six (36) feet east of the West line of
said Section Twenty-five (25) ;
- Thence North on a line parallel with and Thirty-six (36) feet
east of the West line of said Section Twenty-five (25) , a distance of
Seven Hundred feet (700'), more or less, to the South right-of-way
of Cloud Street extended;
- Thence East along said right-of-way extended, a distance of
Twenty-four and Two Tenths (24.2) feet, more or less, back to the
Point of Beginning.
The above described right-of-way to be vacated contains Fifteen
Thousand Nine Hundred Ninety -Five (15,995) square feet, more or less, and
the west Twenty (20) feet thereof shall be retained as a utility easement by
the city of Salina.
Section 2. That the governing body finds from the evidence
presented at the public hearing that:
(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 1 and 2, Block 1, Kraft Manor Addition to the city of
Salina, Saline County, Kansas, provided however:
(a) The City retains a portion of the vacated Right -of -Way as a
utility easement described as the west Twenty (20) feet thereof;
(b) Restricted access shall be retained along the vacated
Right -of -Way line except at the location of existing access
points and as shown on the attached drawing.
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: September 8, 1997
Passed: September 8, 1997
ristin M. Seaton, Mayor
[ SEAL]
ATTEST:
Ju D. Ong, CMC ity Clerk