ORDINANCE NUMBER 16-10821
AN ORDINANCE ORDERING THE VACATION OF RIGHT-OF-WAY FOR WAYNE COURT IN THE WAYNE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On February 2, 2016, the Salina City Planning Commission conducted a public hearing (“Public Hearing”) on the petition filed by Salina Regional Health Center ("Petitioner") requesting vacation of Wayne Court in the Wayne Addition in the City of Salina, Saline County, Kansas, more particularly described as follows:
Right-of-Way Vacation Description:
A portion of Wayne Court right-of-way, in the Wayne Addition to the City of Salina, Saline County, Kansas being more particularly described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B (the “Right-of-Way”).
Section 2. Findings and Conclusions. The Governing Body determines from the evidence presented:
(A) Due and legal notice has been given by publication as required by law.
(B) With the Petitioner’s grant of an access easement, emergency access to the east side of the Southgate Professional building and the west side of the Salina Regional Center Family Practice Clinic will be maintained. Fire Department access to a fire hydrant between the buildings will also be maintained.
(C) The proposal to convert Wayne Court from a public street to a private access drive with an access easement would not change the existing traffic flow and pattern, only ownership and maintenance responsibility would change.
(D) Wayne Court is not needed to provide public street access and/or footage to any developed or undeveloped parcel. Vacation of Wayne Court as a public street would not affect the developability of any property.
(E) No private rights will be injured or endangered by the proposed street closure and right-of-way vacation. The rights of public and franchise utilities will be protected by retention of the vacated Right-of-Way as a utility/drainage easement.
(F) The general public will suffer no loss or inconvenience if Wayne Court is closed as a public street and the Right-of-Way is vacated because an access easement will preserve vehicle access to adjacent properties.
Section 3. Order of Vacation. The Right-of-Way is ordered vacated, subject to the following conditions:
(a) The petitioner is responsible for the cost of all pavement removal on Wayne Court.
(b) The entire vacated right-of-way shall be retained as a public utility/drainage easement;
and shall revert in accordance with K.S.A. 13-443, as follows:
The North Thirty feet (30’) of vacated Wayne Court right-of-way shall revert to that portion of Lot Seven (7), Block Six (6), Shalimar Plaza Addition, Salina, Saline County, Kansas, being more particularly described as follows: Beginning at the Southeast corner of said Lot Seven (7), thence on a platted bearing of S90°00’00”W along the South line of said Lot Seven (7) a distance of 275.40 feet, thence N00°16’18”W a distance of 198.97 feet; thence N90°00’00”E parallel to said South line, a distance of 365.72 feet to a point on the West Right-of-Way line of Ohio Street, thence S00°16’19”E along said West Right-of-Way, a distance of 130.94 feet; thence S52°54’58”W along the Easterly line of said Lot Seven (7), a distance of 112.81 feet to the point of beginning;
The East half (E1/2), less the North Thirty Feet (30’), of vacated Wayne Court right-of-way shall revert to Lots One (1) and Two (2), Block Two (2) of the Wayne Addition, City of Salina, Saline County, Kansas; and
The West half (W1/2), less the North Thirty Feet (30’), of vacated Wayne Court right-of-way shall revert to Lot One (1) and Two (2), Block One (1) of the Wayne Addition, City of Salina, Saline County, Kansas.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of street right-of-way relates to the tracts of real property described as Lots Seven (7), Block Six (6) of the Shalimar Plaza Addition and Lots One (1) and Two (2), Block One (1) and Lots One (1) and Two (2), Block Two (2) of the Wayne Addition, City of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 16-10821 Summary
On March 7, 2016 the City of Salina, Kansas, passed Ordinance No. 16-10821. The ordinance vacates Wayne Court as a public street north of Wayne Avenue in the Wayne Addition, which is no longer needed to provide public street access to adjacent properties. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 6. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper.
Introduced: March 7, 2016
Passed: March 7, 2016
Jon R. Blanchard, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney