4506 Vacate Twelfth Street440
ORDINANCE N0. 4506
(Published in the Salina Journal a 1935
AN ORDINANCE vacating certain portions of Twelfth Street in the City
of Salina as now existing obetween the north line of Bishop Street --
and the main line right-of-way of the Union Pacific Railroad Company',
as opened and created by the provisions of Ordinance No. 1902 of
the City of Salina and opening, widening and extending Twelfth
Street as now existing between the limits above mentioned so as to
include a portion of said Twelfth Street heretofore vacated by
Ordinance No. 737 of said city.
WHEREAS, T elfth Street in the City of Salina, Kansas as shown by the
original plat of Depot Addition between Bishop Street and North Street
was vacated by the terms of the Ordinance No. 737 of the City of Sal�_na,
and
WHEREAS, under the provisions of Ordinance No. 1902 of said city certain
portions of said Twelfth Street previously vacated were reopened and said
Twelfth Street was extended and widened to include certain lands speci-
fically described in said Ordinance No, 1902, and
WHEREAS, it is now deemed necessary for the safety and best interests
of the public that said Twelfth Street as now existing be straightened
so as to eliminate dangerous turns and obstruction in said street and
for such purposes as necessary to vacate aaid portions of said street
as now existing and to open, widen and extend said street so as to in-
clude certain portions of said street originally dedicated as a part
of Twelfth Street in Depot Addition but subsequently vacated by the
provisions of Ordinance No. 737 of said city, NOW THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the following portion of Twelfth. Street in the
City of Salina, Kansas, lying between the north line of Bishop Street
and the right-of-way of the main line of the Union Pacific Railroad
Company as opened and created by the provisions of Ordinance No. 1902
of the City of Salina, be and the same are hereby vacated to -wit:
(1) All of that part of tract No. 1 as referred to in said
Ordinance No. 1902 described as follows:
Beginning at a point on the north line of Bishop Street
ninety-five (95) feet west of the west line of Eleventh
Street (according to the original plat of Depot Addition)
thence in a northwesterly direction at an angle of sixty-
six (66) degrees and forty-eight (48) minutes with the
north line of Bishop Street a distance of thirty-five and
nine -tenths (35.9) feet, more or less, thence west on a
line parallel with and thirty-three (33) feet north of the
north line of Bishop Street one hundred and nine -tenths
(100.9) feet, more or less, thence in a southeasterly
direction thirty-three and four -tenths (33.4) feet, more
or less, to a point in the north line of Bishop Street,
thence east on the north line of Bishop Street one hundred
ten (110) feet, more or less, to place of beginning.
(2) All of that tract No. 2 as referred to and described
in Ordinance No. 1902.
(3) All of that part of tract No. 3 as referred to in
said Ordinance No. 1902 described as follows:
Commencing at a point in the north line of Bishop
Street ninety-five (95) feet west from the west line of
Eleventh Street (according to the original plat of Depot
Addition), thence northwesterly along a line which makes a
northwesterly angle of sixty-six (66) degrees forty-eight
(48) minutes with the north line of Bishop Street, a distance
of fifty-six and one-tenth (56.1) feet, more or less, to the
intersection of said line with the southeast right-of-way line
of The Atchison, Topeka and Santa Fe Railway Company for a
point of beginning, thence continue northwesterly along the
last described line a distance of ninety-five and two-tenths
(95.2) feet, more or less, to a point in the southeasterly
property line of the Union Pacific Railroad Company which said
point is twenty-two (22) feet southwesterly when measured
along said southeast property line from the west line of the
alley between Eleventh Street and Twelfth Street (according
to the original plat of Depot Addition), thence southwest
with an angle of seventy-eight (76) degrees eight (8) minutes
to the left along the said southeast property line of the
Union Pacific Railroad Company a distance of sixty-eight and
three -tenths (68.3) feet, more or less, thence southeasterly
with an angle of eighty-five (85) degrees forty (40) minutes
to the left Cor a distance of ninety-three and five -tenths
(93.55) feet, more or less, to the intersection of sa°d line
with the southeasterly right-of-way line of said The Atchison,
Topeka and Santa Fe Railway Company, thence northeasterly with
an angle of ninety-four (94) degrees and twenty (20) minutes
to the left along the said southeast right-of-way line of said
The Atchison, Topeka and Santa Fe Railway Company a distance
of ninety-four and six -tenths (94.6) feet, more or less, to the
point of beginning.
(4) All of that part of tract No. 4 -as referred to in
Ordinance No. 1902 described as follows:
Commencing at a point in the north line of Bishop
Street ninety-five (95) feet west of the west line of Eleventh
Street (according to the original plat of Depot Addition) thence
northwesterly along a line which makes a northtesterly angle of
sixty-six (66) degrees and forty-eight (48) minutes with the
north line of Bishop Street a distance of one hundred fifty
one and three -tenths (151.3) feet, more or less, to an inter-
section with the southeasterly property line of the Union
4` '
Pacific Railroad Company for a point of beginning, thence north-
westerly at an angle thirty-six (36) degrees and fifty-three (53)
minutes to the left with the last described line a distance of
eighty three and three -tenths (83,3) feet, more or less, thence
in a southeasterly direction at an angle of one hundred twenty-
six (126) degrees fifth -five (55) minutes to the left a distance
of fifty-six and three -tenths (56.3) feet, more or less, to an
intersection with southeasterly property line of said Union Pacific
Railroad Company, thence at an angle of ninety-four (94) degrees
twenty minutes (20) to the left a distance of sixty-eight and
three -tenths (68.3) feet, more or less, along the southeasterly
property line of the Union Pacific Railroad Company to the point
of beginning.
Section 2, That as provided for in Ordinance 1902 upon the
taking effect of this ordinance the title to that portion of the lands
vacated by the provisions of Section One (1) of this ordinance shall
revert to and become a part of the property of the persons or corpora-
tions owning the same at the time such tracts were taken for street
purposes under the provisions of said ordinance No. 1902 or to the
heirs, successors or assigns of said persons or corporations to -wit:
That portion of said tract No. 1 above vacated shall revert
to and become theproperty of the Missouri Pacific Railroad Company,
its successors or assigns; tract No. 2 above vacated shall revert
to and become the property of the Chicago, Rock Island and Pacific
Railroad Company, its successors or assigns; that part of tract No. 3,
above vacated shall revert to and become the property of The Atchison,
Topeka and Santa Fe Railroad Company, its successors or assigns; that
portion of Tract No. 4 above vacated shall revert to and become the
property of the Union Pacific Railroad Company, its successors or
assigns, all subject, however, to the provisions of law in such cases
made and provided.
Section 3. That the following described portion of Twelfth
Street as originally created and dedicated in accordance with the
original plat of Depot Addition and in accordance with the certificate
to said plat lying between the north line of Bishop Street and the
right-of-way of the main line of the Union Pacific Railroad and
specifically described as follows, to -wit:
143
i
(1) Beginning at a point In the north line of Bishop
i
Street two hundred thirty-six and four -tenths (236.4) feet,
more or less, west of the west line of Eleventh Street (accord-
ing to the original plat of Depot Addition), thence in a north-
westerly direction at an angle of sixty-six (66) degrees forty-
eight (48) minutes to the right from said north line of Bishop
Street a distance of one hundred ninety-nine and two-tenths
(199.2) feet, more or less, to a point in the southwesterly
line of tract No. 4 as described by said Ordinance No. 1902,
said point being fifteen (15) feet east of the west line of
Twelfth Street (according to the original plat of Depot
Addition), thence south on a line parallel to end fifteen
(15) feet east of the west line of Twelfth Street (accord-
ing to the original plat of Depot Addition) and at an angle
of one hundred fifty-six (156) degrees forty-eight(48) minutes
i
to the left from the line last above specifically described
a distance of one hundred eighty-three and three -tenths (183.3)
feet, more or less, to a point in the north line of Bishop
Street fifteen (15) feet east of the west line of said Twelfth
Street (according to the original plat of Depot Addition),
thence east along the north line of Bishop Street seventy-
eight and six -tenths (78.6) feet, more or less, to the place
of beginning, be reopened forand used as a part of Twelfth
Street.
Section 4. This ordinance shall take effect and be in force
after its acceptance and approval in writing on behalf of the
railroad companies hereinabove specifically mentioned by the duly
authorized officers of said railroad companies, which approval on
the part of said railroad companies shall be deemed to constitute
a waiver of any damages on the part of any railroad company on
accountof the reopening of that portion of Twelfth Street, pre-
viously vacated as hereinabove described in Section Three (3)
of this ordinance and which acceptance and approval shall be
deemed to constitute a re -dedication for street purposes of that
portion of said street so reopened and extended and after the
publication of this ordinance, together with the certificate of
written acceptance and approval of said railroad companies, in the
official city paper.
Introduced, January 21st, 1935
Passed, January 29th, 1935
R. J. Pafford
Attest: Chas E. Banker Mayor
I Y
444
STATE OF KAh SALE )
) S.S
COUNTY OF SALINE )
I. Chas. E. Banker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct'
coT77 of Ordinance No. 4506 passed and approved by the loard of Com-
missioners of the City of Salina, January 29, 1935; and a record
of the vote on its final adoption is found on page --5',/ Journal No.
13.
(Published in the Salina Journal 1935)
ORDINANCE N0, 4506
AN ORDINANCE vacating certain portions of Twelfth Street in the
City of Salina as now existing between the north line of
Bishop Street and the main line right-of-way of the Union
Pacific Railroad Company as opened and created by the pro-
visions of Ordinance No. 1902 of the City of Salina and
opening, widening and extending Twelfth Street as now ex-
isting between the limits above mentioned so as to include
a portion of said Twelfth Street heretofore vacated by
Ordinance No. 737 of said city,
WHEREAS, Twelfth Street in the City of Salina, Kansas as shown
by the original plat of Depot Addition between Bishop Street
and North Street was vacated by the terms of the Ordinance to,
737 of the City of Salina, and
WHEREAS, under the provisions of Ordinance No. 1902 of said
city certain portions of said Twelfth Street previously vacated
were reopened and said Twelfth Street was extended and widened
to include certain lands specifically described in said Ordinance
No. 1902, and
WHEREAS, it is now deemed necessary for the safety and best
interests of the public that said Twelfth Street as now existing
be straightened so as to eliminate dangerous turns and obstruction
in said street and for such purposes as necessary to vacate said
portions of said street as now existing and to open, widen and
extend said street so as to include certain portions of said street
originally dedicated as a part of Twelfth Street in Depot Addition
but subsequently vacated by the provisions of Ordinance No, 737
of said city, NOW THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section le That the following portion of Twelfth Street in
the City of Salina, Kansas, lying between the north line of Bishop
Street and the right-of-way of the main line of the Union Pacific
Railroad Company as opened and created by the provisions of Ordinance
No, 1902 of the City of Salina, be and the same are hereby vacated
to -wit:.
(1) All of that part of tract No. 1 as referred to in said
Ordinance No. 1902 described as followss
Beginning at a point on the north line of Bishop Street
ninety-five (95) feet west of the west line of Eleventh
Street (according to the original plat of Depot Addition)
thence in a northwesterly direction at an angle of sixty-
six (66) degrees and forty-eight (48) minutes with the
north line of Bishop Street a distance of thirty-five
and nine -tenths (35.9) feet, more or less, thence west
on a line parallel with and thirty-three (33) feet north
of the north line of Bishop Street one hundred and nine -
tenths (100.9) feet, more or less, thence in a south-
easterly direction thirty-three and four -tenths (33.4)
feet, more or less, to a point in the north line of
Bishop Street, thence east on the north line of Bishop
Street one hundred ten (110) feet, more or lass, to place
of beginning.
(2) All of that tract No. 2 as referred to and des-
cribed in Ordinance No. 1902.
(3) ,All of that part of tract No. 3 as referred to
in said ordinance No* 1902 described as follows:
Commencing at a point in the north line of
Bishop Street ninety-five (95) feet west from the west
line of Eleventh Street (according to the original plat
of Depot Addition), thence northwesterly along a line
which makes a northwesterly angle of sixty-six (66)
degrees forty-eight (48) minutes with the north line
of Bishop Street, a distance of fifty-six and one-tenth
(56.1) feet, more or less, to the intersection of said
line with the southeast right-of-way line of The Atchison,
Topeka and Santa Fe Railway Company for a point of beginning..
thence continue northwesterly along the last described line
a distance of ninety-five and teo-tenths (95.2) feet, more
or less, to a point in the southeasterly property line of the
Union Pacific Railroad Company which said point is twenty-two
(22) feet southwesterly when measured along said southeast
Property line from the west line of the alley between
Eleventh Street and Twelfth Street (according to the original
plat of Depot Addition), thence southwest with an angle of
seventy-eight (78) degrees eight(8) minutes to the left
along the said southeast property line of the Union Pacific
Railroad Company a distance of sixty-eight and three -tenths
(68.3) feet, more or less, thence southeasterly with an
angle of eighty-five (85) degrees forty (40) minutes to
the left for a distance of ninety-three and five -tenths
(93.5) feet, more or less, to the intersection of said
line with the southeasterly ,right-of-way line of said
The Atchison, Topeka and Santa Fe Railway Companyq thence
northeasterly with an angle of ninety-four (94) degrees
and twenty (20) minutes to the left along the said south-
east right-of-way line of said The Atchison, Topeka and
Santa Fe Railway Company a distance of ninety-four and
six -tenths (94.6) feet, more or less, to the point of
beginning*
(4) All of that part of tract No. 4 as referred to in
Ordinance No. 1902 described as follows:
Commencing at a point in the north line'of Bishop
Street ninety-five (95) feet west of the west line of
Eleventh Street (according to the original plat of Depot
,addition) thence northwesterly along a line which makes
a northwesterly angle of sixty-six (66) degrees and forty-
eight (48) minutes with the north line of Bishop Street
a distance of one hundred fifty one and three -tenths
(151.3) feet, more or less, to an intersection with the
southeasterly property line of the Union Pacific Railroad
Company for a point of beginning, thence northwesterly at
an angle thirty-six (36) degrees and fifty-three (53)
minutes to the left with the last described line a distance
of eighty three and three -tenths (83.3) feet, more or less,
thence in a southeasterly direction at an angle of one
hundred twenty-six (126) degrees fifty-five (55 ) minutes
to the left at a distance of fifty-six and three -tenths
(56.3) feet, more or less, to an intersection with south-
easterly property line of said Union Pacific Railroad
Company, thence at an angle of ninety-four (94) degrees
twenty minutes (20) to the left a distance of sixty-eight
and three -tenths (68.3) feet, more or less, along the south-
easterly property line of the Union Pacific Railroad Company
to the point of beginning.
Section 2, That as provided for in Ordinance 1902 upon the
taking effect of this ordinance the title to that portion of the
lands vacated by the provisions of Section One (1) of this ordinance
shall revert to and become a part of the property of the persons or
corporations owning the same at the time such tracts were taken for
street purposes under the provisions of said ordinance No. 1902 or
to the heirs, successors or assigns of said persons or corporations
to -Witt
That portion of said tract No. 1 above vacated shall revert
to and become the property of the Missouri Pacific Railroad Company,
its successors or assigns; tract No. 2 above vacated shall revert
to and become the property of the Chicago, Rock Island and Pacific
Railroad Company, its successors or assigns; that part of tract
No. 3, above vacated shall revert to and become the.property of
The Atchison, Topeka and Santa Fe Railroad Company, its successors
or assigns; that portion of tract No. 4 above vacated shall revert
to and become the property of the Union Pacific Railroad Company,
its successors or assigns, allsubject, however, to the provisions
of law in such cases made and provided.
Section 3. That the following described portion of Tweflth
Street as originally created and dedicated in accordance with the
original plat of Depot Addition and in accordance with the certifi-
cate to said plat lying between the north line of Bishop Street and
the right-of-way of the main line of the Union Pacific Railroad and
specifically described as follows, to -wit:
(1) Beginning at a point in the north line of Bishop Street
two hundred thirty-six and four -tenths (236.4) feet, more
or less, west of the west line of Eleventh Street (accord-
ing to the original plat of Depot Addition), thence in a
northwesterly direction at an angle of sixty-six (66) de-
grees forty-eight (48) minutes to the right from said north
line of Bishop Street a distance of one hundred ninety-nine
and two-tenths (199.2) feet, more or less, to a point in the
southwesterly line of tract No. 4 as described by said Ordin-
ance No. 1902, said point being fifteen (15) feet east of
the west line of Twelfth Street (according to the original
plat of Depot addition), thence south on a line parallel
to and fifteen (15) feet east of the west line of Twelfth
Street (according to the original plat of Depot Addition)
and at an angle of one hundred fifty-six (156) degrees
forty-eight (48) minutes to the left from the line last
above specifically described a distance of one hundred
eighty-three and three -tenths (183.3) feet, more or less,
to a point in the north line of Bishop Street fifteen (15)
feet east of the west line of said Twelfth Street ( according
to the original plat of Depot Addition), thence east along
the north line of Bishop Street seventy-eight and six -tenths
(78.6) feet, more or less, to the place of beginningt be
reopened for and used as a part of Twelfth Street.
Section 4. This ordinance shall take effect and be in force
after its acceptance and approval in wfiting on behalf of the rail-
road companies hereinabove specifically mentioned by the duly author-
ized officers of said railroad companies, which approval, on the part
of said railroad companies shall be deemed to constitute a waiver of
any damages on the part of any railroad company on account of the
reopening of that portion of Twelfth Street, previously vacated as
hereinabove described in Section Three (3) of this ordinance and
which acceptance and approval shall be deemed to constitute a re-
dedication for street purposes of that portion of said street so
reopened and extended and after
j
the publication of this ordinance together, with the certificate
of written acceptance and approval of said railroad companies,
in the official city paper.
Introduced, January 21st, 1935
Passed, January 29th, 1935
Attest:
G ayo /
Clerk'
UNION PACIFIC SYSTEM
UNION PACIFIC RAILROAD COMPANY
OREGON SHORT LINE RAILROAD COMPANY
OREGON -WASHINGTON RAILROAD & NAVIGATION COMPANY
LOS ANGELES & SALT LAKE RAILROAD COMPANY
THE ST. JOSEPH AND GRAND ISLAND RAILWAY COMPANY
W.M.JEFFERS,
EXECUTIVE VICE-PRESIDENT
I. -r. Chas. E. Ban -e r,
C i tar C le rk ,
Salina, Kansas
1416 DODGE STREET
OMAHA,NEBRASKA
Union Pacific Railroad Company hereby accepts the
'provisions of Ordinance No . 4506, entitled
"AT ORDI1,11ANCE vacating certain portions of Twelfth Street
in the City of Salina as now existing between the
north line of Bishop Street and the main line rl ; ht -of -
way of the Union Pacific Railroad Com]?any as opened. and
created by the provisions of Ordinance Igo. 1902 of tr.e
City of Salina and opening, widening and extending
Twelfth Street as now exi sting- between the limits above
mentioned so as to include a portion of said Twelfth
Street heretofore vacated by ordinance ITo. 737 ofsaid
city."
subject to the conditions thereby imposed.
Dated at Omaha, T3ebraska, this 20th day of L'Arch, 1935.
Fittest:
5. UAL
nss istant Secretary
U.NI ION PACIFIC RAIL :O D CQI�°ic?r Ti x'
+xec} ive dice Presiend
w
CERTIFICATE OF ACCEPTANCE
The Missouri Pacific Railroad Company does hereby
accept and approve Ordinance No. 4506 of the City of Salina,
Kansas, which was duly passed on January 29, 1935, by the Board
of Commissioners of said city and which was duly published in
The Salina Journal, the official city paper of said city, on
February 2, 1935, and all of the conditions and provisions of
said Ordinance, this certificate of acceptance and approve; to
be filed in the office of the City Clerk of said city and published
in the official city paper of said city in accordance with the
provisions of Section 4 of said Ordinance.
IN WITNESS WHEREOF the said Missouri Pacific Rail-
road Company has caused this instrument to be executed by its
duly authorized officers and its corporate seal hereunto affixed
this _*7Ck day of April _, 1935,
MISSOURI PACIFIC RAILROAD COMPANY
BY
C res en ana a era ,. ` •a1�"rager.
Attest:
Assistant Secretary
i
tom'
:CERTIFICATE OF ACCEPTANCE C"AY20
city C*ANKER
FRANK 0. LOWDEN, JAMES E. GORMAN and JOSEPH B. FLEMING, k
Trustees of the Estate of The Chicago, Rock Island and Pacific
Railway Company, as trustees and. not individually, do hereby
accept and approve Ordinance No.450E of the City of Salina,
Kansas, which was duly passed on January 29, 1935, by the
Board of Commissioners of said city and which was duly pub-
lished in The Salina Journal, the official city paper of said
city, on February 2, 3.935, and all of the conditions and pro-
visions of said Ordinance, this certificate of acceptance and
approval to be filed in the office of the City Clerk of said
city and published in the official city paper of said city in
accordance with the provisions of Section 4 of said Ordinance.
IN WITNESS WHEREOF the said Trustees have authorized these
presents to be executed in their names and on their behalf by a
majority of said Trustees, this 1 th day of MOV , 1935•
FRANK 0. LOWDEN
JAMES E. GORMAN
JOSEPH B. FLEMING
Trustees of t -e Estate of
THE CHICAGO, R K ISLAND AND
PAQIC RAI COMPANI(,
By:
ATTT.
Secreta. for Trustees
Majority of said Trustees
(�'1 Y (y' "1'r +,T C �l
O AC CEP .,L.L': �J1J
T� '..fir 11'i y }LILS L
does hereby accept and approve Ordinance To. 4506 of
the amity of Salina, Kansas, which zTas duly passed on Jan-
uary 29, 1935,by the Board of Commissioners of said city
and which T,ras duly published in The Salina Journal, the
official city paper of said city, on February 2, 1935, and
all of the conditions and provisions of said Ordinance;
this certificate of acceptance and approval to be filed
in the office of the City Clerk of said city and publish-
ed in the official city paper of said city in accordance
;vith the provisions of Section 4 of said Ordinance.
11 ',TjITIff, '�J�i t 0"? , the said TH+: AT�I7Ia0y�,
SAL+Tt'L F.:, RAIL'JAY' COL:PA1 f, has caused this in-
3trui:ient to be executed by its duly authorized officers
and its corporate seal hereunto affixed this —.-First
day o:i 1AAY, 193;3.
f tilrE �.' ATC'-1Hi30. T
By __ _ resid--er-tIts --
cutive
ATT:ST: /
Secretary
1
CHARC ES BK
Cry C;<,k
S
4
(�'1 Y (y' "1'r +,T C �l
O AC CEP .,L.L': �J1J
T� '..fir 11'i y }LILS L
does hereby accept and approve Ordinance To. 4506 of
the amity of Salina, Kansas, which zTas duly passed on Jan-
uary 29, 1935,by the Board of Commissioners of said city
and which T,ras duly published in The Salina Journal, the
official city paper of said city, on February 2, 1935, and
all of the conditions and provisions of said Ordinance;
this certificate of acceptance and approval to be filed
in the office of the City Clerk of said city and publish-
ed in the official city paper of said city in accordance
;vith the provisions of Section 4 of said Ordinance.
11 ',TjITIff, '�J�i t 0"? , the said TH+: AT�I7Ia0y�,
SAL+Tt'L F.:, RAIL'JAY' COL:PA1 f, has caused this in-
3trui:ient to be executed by its duly authorized officers
and its corporate seal hereunto affixed this —.-First
day o:i 1AAY, 193;3.
f tilrE �.' ATC'-1Hi30. T
By __ _ resid--er-tIts --
cutive
ATT:ST: /
Secretary
1
CHARC ES BK
Cry C;<,k