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01-10057 Affidavit of Publication Ord. No.01-10057 Following is a true and correct copy of ,,_i -', together with proof of publication of the same. - (Published to The Salina Journal October 5,2001) ORDINANCE NUMBER ' '0110057 r'1': AFFIDAVIT INGN FOR pT EAN VACATION PROVO. OF A. PORTION.OF..THE_PUBLIC RIGHT-OF-WAY'":'•OFs?WAYNE AVENUE• BETWEEN SOUTH '' I, , Kim Norwood OHIO STREET AND LEWIS: AR being duly STREET IN 'SHALIMAR PLAZA ADDRION IONL ANDy;BEL- MONT ADDMON .OF,;I THE sworn, declare that I am the Advertising Manager of THE CITY OF SALINACSALINE COUNTY,KANSAS. I BE IT ORDAINED y b .the Governing Body.of.lthe�'City of • SALINA JOURNAL, a daily newspaper published at Salina, Salim.Kansas: FSection 1. ".That7on August 27„2001, the\Governing Body Saline County, Kansas, and of general circulation in said adopted Resolution,No.: 01- 5753 expressing its decision to initiate the process ,pursuant to count which newspaper has been continuously and unin- K.S.A. the vacation ion) oonamera- Y, y Lion'. the vocation•ct nsiders- way and reservation.of a pub- lic utility easement•in its'place terruptedly published for five consecutive years prior to first for a segment of redirected Wayne Avenue no longer used as a public street. publication of attached notice, and that the attached -Section 2.• That on Septem- ber 24. 2001, the governing body conducted a public hear- Ord. No. 01-10057 ing regarding the vacation of a part of the right-of-way of Waine Avenue between 1 South Ohio Street and Lewis has been correctly published in said newspaper_ Sbeet in the Shalimar Plaza . Addition and Belmont, Addition of the City of Salina, Saline . times, the first publication being given county, Kansas, more pamcu- lady described as follows: A parcel of Hand located in October 5 2001 Shalimar Plaza Addition and in the issue of , 19 Belmont Addition to the city of Salina, Saline County, Kan- . .. sas, and acquired School Cta. , t.dia Q4.` , • di 1 Giounds taken in MSc. Book 173, Pages 530-533,- more _-�-1 particularly. described as fol- lows:C Subscribed and sworn to before me, this c1/ Beginning nning at the Southwest corner Plaza Lot 5, Blpdk 6, Shali- mar of �.1�' v I A.D. tq Zed mar Plaza Addition: • Thence East along the South V • 1 � � line'of said istan 6 ion 2 .83 as- sumed bearing of N 901 W' 001 r a distance. of 242.83 Public feet; Notary Thence along a curve to the right having a radius,of 55.27 feet, an arc distance of 69.39 feet, said curve having a long chord of 64,92 feet and a MARY WALKER bearing of 22(27'26"W; -'Thence N 90( 00' 00' W a Notary Public-State of Kansas distance of 85.09 feet My Appt Exp res 'D—Li"03 - -'Thence along a,curve to the left having a radius of 241.54 feet. an arc distance of.148.16 feet, said curve. a Long chord of 145.8 '. feet and a bearing of N 65( 42' 32' W , back to the point of beginning.The above descri- bed' parcel of land contains 9,202 square feet or 0.21 acres, more or •less, and will be vacated as street right-of- way l and 'will be- retained as utility and pedestrian ease- ment: I Section 3. That the govern- ing, body finds from the evi- dence presented .at Nei public hearing that: _ „o r,(a)'Due and`,legal `'notice J.has been given ,Oka publi- i• cation as required by laver . -(b) No private right3-will be injured or endangered by ;:vacation of the right-of- way. (c) The public',Interest Is best served by ypapUO,n of 1 the right-of-way. '• Sebtlon 4. That Ilitdohttae way Is hereby restedsand the ewne 30 feet shell even A to the I ownen of Lots 5, a and 7, Saline, r Addition'In:the pry of Sallee, Saline County' Ken• sae; and the eouth 90 feet shell raven ro'the however. of bli- mp e „provided however t'et limited City-retains the entire imited righl•ef=Way al a',utility e®ee- Ment eaallon 0. Thal:this aidh nano shall be in tut,tore® and affect from and aflol ila'.adep• ligh 'and pubtioauon anon in the official city nawepapef,s _,,.,,, tt ,. I pry,. Peatedl. Otilabef I, lot Wan ' kl: Ocala . Mayor tO[ALI Alit et _ /al Lieu An Nola! � ', �: City Clark "" ,a -4" h,id