06-10326 Affidavit of Publication
Following is a true and correct copy of Ordinance No.06-10326
together with proof of publication of the same. I (Published In The Salina
Journal March 31,2006)
ORDINANCE NUMBER
08-10326
AFFIDAVIT AN ORDINANCE PRO-
VIDING FOR THE VACA-
TION OF A PUBLIC DRAIN-
AGE EASEMENT, A POR-
T, Nicole Veatch being NORTH SOUTH 40-FOOT
UTILITY
AND DRAINAGE EASE-
duly sworn,declare that I am the Classified BUILDING SETBACK LINE
LOCATED ON LOT 1,
BLOCK 1 OF THE FOLEY
Coordinator of THE SALINA JOURNAL,a daily news- ADDITION TO THE CITY
OF SALINA, SALINE
COUNTY,KANSAS.
paper published at Salina,Saline County,Kansas,and BE ORDAINED by the
Governing Body of the City
of Salina,Kansas:
of general circulation in said county,which newspaper Section 1.That on March
20, 2006, the governing
body conducted a public
has been continuously and uninterruptedly published hearing on the petition filed
by Bill Moody, on behalf of
Foley Equipment Company
for five consecutive ears prior to first publication of at- ("Petitioner") requesting va-
cation of a public drainage
easement, the North 92.4
tached notice,and that the attached feet of a Forty(40)foot utility
and drainage easement and
a platted building setback
line located on Lot 1,Block 1
Ordinance No.06-10326 of the Foley Addition., more
particularly described on the
attached and incorporated
has been correctly published in said newspaper 1 Exhibit "A" and depicted on
the attached and incorporat-
ed Exhibit"B".
times, the first publication given in Section 2. That the gov-
erning body finds from the
evidence presented at the
the issue of March 31 2006. public hearing that:
(a)Due and legal notice
has been given by publi-
cation as required by
1 h.q• b:644.
64 . law.
(b) No private rights will
/1 be injured or endan-
1_ 1 l n gored by the vacation of
Subscribed and sworn to before me,this the public drainage
easement, a portion of
the utility and drainage
day of `�r A A.D.2006 easement and the build-
- ing setback line.
(c)In justice to the Peti-
tioner the easement and
Ci setback line vacation re-
quests should be grant-
Notary Public ed.
Section 3. That a public
drainage easement, the
North 92.4 feet of the Forty
(40)foot utility and drainage
easement and a platted
building setback line located
on Lot 1, Block 1 of the Fo-
ley Addition are hereby va-
cated and full, unrestricted
s NOTARY PUBLIC-State Of Kansas use of these areas shall re-
vert to the owner of Lot 1,
� � WENDY Cr,HROBAK Block 1 of the Foley Addition
My Appt.Exp. to the'City of Salina, Saline
County, Kansas, provided
however that the vacation of
the above described ease-
ments and setback line is
"subject to the following con-
ditions:
(1) The existing Twenty
(20)foot utility easement
and Fifty (50)foot land-
scape buffer easement
located north of the
drainage easement for
the stormwater detention
pond on Lot 1 shall re-
main in place as shown
on the plat of the Foley
Addition.
(2) 'No development
shall occur on the re-
maining Foley Addition
until a replat of the prop-
erty is approved and a
new drainage easement
is dedicated to accom-
modate construction of a
stormwater detention
pond.
Section 4. That this ordi-
nance shall be in full force
and effect from and after its
adoption and publication
once in the official city news-
paper.
Introduced:March 20,2006
Passed:March 27,2006
Deborah Divine,Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey
CMC,City Clerk (1t)