07-10368 Vacate Alleys Pacific Addition(Published in the Salina Journal on January 41 2007)
ORDINANCE NUMBER 07-10368
AN ORDINANCE PROVIDING FOR THE VACATION OF THE SIXTEEN FOOT
(16') ALLEY RUNNING NORTH AND SOUTH BETWEEN LOTS ONE (1) THROUGH
SIXTEEN (16) IN BLOCK TWELVE (12) OF THE PACIFIC ADDITION, AND ALL OF
Z THE TWENTY FOOT (20') ALLEY RUNNING EAST AND WEST THROUGH THE
w NORTH TWENTY FEET (20') OF LOTS SEVENTEEN (17) AND EIGHTEEN (18) IN
BLOCK TWELVE (12) OF THE PACIFIC ADDITION IN THE CITY OF SALINA,
SALINE COUNTY, KANSAS.
BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on January 8, 2007, the governing body conducted a public hearing on the
petition filed by Carol J. Brandert, Board President of Unified School District No. 305,
("Petitioner") requesting the vacation of the sixteen foot (16') alley running north and south
between Lots One (1) through Sixteen (16) in Block Twelve (12) of the Pacific Addition, and all of
the Twenty foot (20') alley running east and west through the North twenty feet (20') of Lots
Seventeen (17) and Eighteen (18) in Block Twelve (12) of the Pacific Addition to the City of Salina
as depicted and described as T 1 and T2 on the attached and incorporated Exhibit "A".
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 the vacation of the public alleys.
(c) Injustice to the Petitioner the vacation of the two public alleys should be granted.
Section 3. That the sixteen foot (16') alley running north and south between Lots One (1)
through Sixteen (16) in Block Twelve (12) of the Pacific Addition, and all of the Twenty foot (20')
alley running east and west through the North twenty feet (20') of Lots Seventeen (17) and Eighteen
(18) in Block Twelve (12) of the Pacific Addition to the City of Salina, Saline County, Kansas are
hereby vacated and said alley right-of-way shall revert to the abutting property owner in accordance
with K.S.A. 13-443 provided however that the vacation of the above described alley right-of-way is
subject to the following conditions:
1. The property owner shall dedicate a twenty foot (20') utility easement tor the public
sewer line crossing portions of Lots Nine (9), Eleven (11), Thirteen (13), and Fifteen
(15).
2. The North Two Hundred Sixty-six and eighty-five hundredths feet (266.85') of the
north -south alley and the West Eighty-eight feet (88') of the east -west alley shall be
retained as a public utility easement.
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: January 8, 2007
Passed: January 22, 2007
Donnie D. Marrs, Mayor
[SEAL]
ATTEST:
"Elseyv,Clerk