91-9474 Vac KWU Grnds ofKu�n�ox Pr 1,i y—Selina. Kan
(Published in The Salina Journal November ,22 , 1991)
ORDINANCE NUMBER 91-9474
AN ORDINANCE PROVIDING FOR THE VACATION OF THE
CERTAIN FIFTEEN FOOT NORTH -SOUTH ALLEY RIGHT-OF-WAY BETWEEN
NINTH STREET AND HIGHLAND AVENUE FROM THE NORTH LINE OF KIRWIN
AVENUE TO THE SOUTH LINE OF THE INTERSECTING EAST -WEST ALLEY, IN
-- THE GROUNDS OF KANSAS WESLEYAN UNIVERSITY 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 the certain fifteen foot (151) north -south alley
right-of-way between Ninth Street and Highland Avenue from the north line of
Kirwin Avenue to the south line of the intersecting east -west alley, adjacent
to Lots Fifty-six (56), Fifty-eight (58), Sixty (60) on Ninth Street and Lot
Two (2) on Kirwin Avenue in the Grounds of Kansas Wesleyan University
Addition to the City of Salina, Saline County, Kansas, be and the same is
hereby vacated; provided, however, the City retains the vacated portion of
the above described alley as a utility easement.
Section 2. That all of the above described alley be vacated,
subject to the following conditions:
1. The petitioner shall fulfill an agreement with Mr. John Hutchins,
adjoining property owner to the east, to provide monetary
compensation of two thousand five hundred dollars ($2,500) for
construction of a driveway on Kirwin Avenue. Mr. Hutchins
currently uses the alley as his driveway.
2. The existing concrete alley approach shall be removed and replaced
with six inch (6") curb and gutter, soil backfill and adequate
landscaping by the petitioner at a total cost to the petitioner.
3. The petitioner shall submit a site plan for building and parking
lot improvements to the Building Inspection Division for approval
prior to the start of any work. The site improvements shall
include a six foot (61) fence down the center of the alley and
paving of the portion of the east -west alley adjacent to the
petitioner's property with six inch (6") concrete or eight inch
(8") asphalt material.
4. The petitioner shall accept all risks associated with making
improvements on the easement area. All franchise utility companies
maintain the right of ingress or egress to the easement at the
expense of the property owners.
K— Ca P—:1- — S11- Kansas
Section 3. That the above described alley right-of-way, which is
vacated by this ordinance, shall revert to the adjacent property owners in
accordance with K.S.A. 13-443 .
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.
(SEAL)
ATTEST
. %�Ww
Jacqu a Shiever, City Clerk
Introduced: November 4, 1991
Passed: November 18, 1991
Stephen C. Ryad, Mayor