ORDINANCE NUMBER 14-10736
AN ORDINANCE ORDERING THE VACATION OF A TEN FOOT (10’) ALLEY LOCATED ON THE NORTH TEN FEET (10’) OF LOT ONE HUNDRED THREE (103), ON SECOND STREET IN THE ORIGINAL TOWN OF (NOW 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 May 19, 2014 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by Jean Alan Fankhauser Trust and the Dean P. Fankhauser Trust. ("Petitioner") requesting vacation of the following described public alley:
A dedicated public alley located on the North Ten Feet (10’) of Lots One Hundred Three (103), on Second Street in the Original Town (now City) of Salina, Saline County, Kansas.
The public hearing was continued to June 2, 2014 to allow additional time to address concerns expressed by AT & T about a single service line which traverses in the alley.
Section 2. Findings and Conclusions. The governing body determines from the evidence presented:
- Due and legal notice has been given by publication as required by law.
- The public will suffer no loss or inconvenience by the vacation of the alleyway because the alley only serves the abutting grocery store property. No public or franchise utilities are located in the alley, except for an AT & T cable which serves only the grocery store building.
- No private rights will be injured or endangered by the vacation because the Petitioners own the property abutting property that originally dedicated the alley right-of-way in 1964.
- In justice to the Petitioners, vacation of the ten foot (10’) alley should be granted because the continued presence of the ten foot (10’) alley right-of-way no longer serves a public purpose and the continued presence of the ten foot (10’) alley right-of-way impairs the Petitioners’ ability to fully develop and use the grocery store building to the south.
- The public interest is promoted by the vacation of the public alley because it would allow the Petitioners to construct improvements on the north side of the grocery store building.
Section 3. Order of Vacation. The ten foot (10’) alley located on the North Ten Feet (10’) of Lot One Hundred Three (103), on Second Street in the Original Town (now City) of Salina, Saline County, Kansas is hereby ordered vacated.
Section 4. Reversion of Alley Right-of-Way. Because the ten foot (10’) alley was dedicated by a deed of dedication from A.L. and Jennie Fankhauser to the City of Salina dated December 3, 1964 which was recorded in Book 256 at Page 441 and 442, of the records of the Saline County Register of Deeds, ownership of the North ten feet (10’) of Lot One Hundred Three (103) shall revert back entirely to the owner of the remainder of Lot One Hundred Three (103) on Second Street in the Original Town (now City) of Salina.
Section 5. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this alley vacation relates to the tract of real property described as Lot One Hundred Three (103), on Second Street in the Original Town (now City) of Salina, Saline County, Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 14-10736 Summary
On June 9, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10736. The ordinance vacates a ten (10’) public alley located on the North Ten Foot (10’) of Lot One Hundred Three (103) on Second Street in the Original Town (now City) which contains no public utilities. 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 7. Effective Date. That this ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.
Introduced: June 2, 2014
Passed: June 9, 2014
Aaron K. Householter, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney