ORDINANCE NO. 26-11290
AN ORDINANCE VACATING ALL OF DECATUR STREET (ALSO KNOWN AS RAIL ROAD AVENUE) RIGHT-OF-WAY IN MORRIS ADDITION, CITY OF SALINA, SALINE COUNTY, KANSAS, THAT LIES BETWEEN THE EAST LINE OF FRONT STREET RIGHT-OF-WAY IN SAID MORRIS ADDITION AND THE WEST LINE OF CHESTER AVENUE (ALSO KNOWN AS CUSTER AVENUE) RIGHT-OF-WAY IN SAID MORRIS ADDITION; AND VACATING THAT PART OF CHESTER AVENUE (ALSO KNOWN AS CUSTER AVENUE) RIGHT-OF-WAY IN MORRIS ADDITION, CITY OF SALINA, SALINE COUNTY, KANSAS, THAT IS NORTH OF THE NORTH ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY LINE AND SOUTH OF THE SOUTH UNION PACIFIC RAILROAD RIGHT-OF-WAY LINE.
THE VACATION BEING OF THE RIGHT OF WAY ONLY WITH THE CITY RESERVING RIGHTS DESCRIBED IN THIS ORDINANCE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS:
Section 1. Findings. The Governing Body of the City of Salina, Kansas, finds and determines from the proofs and evidence presented as follows:
- Legal notice has been given as required by K.S.A. 12-504 by publication on the City’s website before July 6, 2026;
- No private rights will be injured or endangered by this vacation;
- The public will suffer no loss or inconvenience by this vacation; and
- In justice to the petitioner the vacation ought to be granted.
Section 2. Vacation of Right-of-Way. The following-described public street right-of-way in the City of Salina, Saline County, Kansas, is hereby vacated:
That part of Decatur Street (also known as Railroad Avenue) Right-of-Way in Morris Addition, City of Salina, Saline County, Kansas, that lies between the east line of Front Street Right-of-Way in said Morris Addition and the west line of Chester Avenue (also known as Custer Avenue) Right-of-Way in said Morris Addition;
and
That part of Chester Avenue (also known as Custer Avenue) Right-of-Way in Morris Addition, City of Salina, Saline County, Kansas, that is north of the north Atchison Topeka and Santa Fe Railroad Right-of-Way line and south of the south Union Pacific Railroad Right-of-Way line.
Section 3. Reservation of Easements. The vacation granted by this Ordinance is subject to the reservation of any existing public utility easements, drainage easements, access easements, and any other rights lawfully existing in, over, under, across, or upon the vacated right-of-way, whether or not of record, unless expressly released by separate action of the City and any affected utility or entity. The City specifically reserves the right to maintain, operate, repair, replace, and access any existing public facilities located within the vacated area.
Section 4. Reversion / Title. Upon the effective date of this Ordinance, the vacated right-of-way shall revert as provided by Kansas law to the owners of the adjoining property, subject to all existing easements, reservations, restrictions, and rights of record and those reserved herein.
Section 5. Recording. Upon publication of this Ordinance in the official city newspaper, the City Clerk is authorized and directed to cause this Ordinance to be filed and/or recorded with the Saline County Register of Deeds and to provide copies to the appropriate City departments for update of official maps and records.
Section 6. No Impairment of Existing Rights. Nothing in this Ordinance shall be construed to impair any existing franchise rights, utility rights, private easements, or other lawful rights previously granted or reserved.
Section 7. Repealer. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict.
Section 8. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 9. Effective date. This ordinance shall be in full force and effect from and after its publication.
Passed: July 27, 2026
Signed: August 3, 2026
Trent W. Davis, M.D., Vice Mayor
Attest:
Nikki Goding, City Clerk