05-10276 Affidavit of Publication
•
Following is a true and correct copy of Ordinance No.05-10276 Journal(Published In November 10a2n006)
ORDINANCE NUMBER
together with proof of publication of the same. AN ORDINANCE PRO-
VIDING FOR THE VACA-
TION OF FIFTY FEET OF
PUBLIC STREET RIGHT-
AFFIDAVIT OF-WAY FOR THE NORTH
NINTH STREET FRONT-
AGE ROAD FROM THE
NORTH PROPERTY LINE
Nicole Veatch being THE REPLAT OF THE IIN-
TERSTATE DISTRICT
duly sworn,declare that I am the Classified NUM NUMB OF ER TWO O TO ON-
TODMON-
ARCH ROAD IN THE RE-
Coordinator of THE SALINA OURNAL,a daily news- PLAT OF THE INTER-
) } STATE DISTRICT NORTH
OF 1-70 ADDITION NUM-
BER TWO TO THE CITY OF
paper published at Salina,Saline County,Kansas,and SALINA,SALINE COUNTY,
KANSAS.
BE IT ORDAINED by the
of general circulation in said county,which newspaper Governing Body of the City
of Salina,Kansas:
Section 1.That on May 3,
has been continuously and uninterruptedly published 2005, the Salina City Plan-
ning Commission conducted
a public hearing on the peti-
for five consecutive years prior to first publication of at- tion filed by Trace Walker on
behalf of CTM, Inc. ("Peti-
tioner") requesting vacation
tached notice,and that the attached of the fifty (50) foot public
street right-of-way for the
North Ninth Street Frontage
Ordinance No.05-10276 Road between the Petro 2
Travel Plaza and Monarch
Road adjacent to Block 1 of
published in said newspaper 1
the Replat of the Interstate
has been correctly p District North of 1-70 Addition
No. 2 in the City of Salina,
Saline County, Kansas,
times, the first publication given in more particularly described
as follows:
All that right-of-way for
the issue of November 10 2006. the North Ninth Street
Frontage Road bounded
by the north property line
of Lot 5, Block 1 in the
Replat of the Interstate
District North of 1-70 Ad-
dition No. 2 on the
-/7 I south, the west right-of-
Subscribed and sworn to before me,this / " way line of Old U.S.
Highway 81 on the east,
day Of the south right-of-way
OR-WO/)."2-r-R r' A.D.2006 line of Monarch Road on
the north and the east
line of Block 1 of the -
A)
plat of the Interstate Dis-
trict North of 1-70 Addi-
I tion No.2 on the west in
I// Notary Public the City of Salina,Saline
County,Kansas
The above described
right-of-way to be vacat-
ed contains forty thou-
sand eight hundred
(40,800) square feet,
more or less.
NOTARY PUBLIC•State of Kansas section 2. That the gov-
WENDY CHROBAKD�S erning body finds from the
evidence presented at the
t nqy appt.Exp.`6 ZZ public hearing that:
(a) Due and legal notice
has been given by publica-
tion as required by law.
(b)No private rights will be
injured or endangered by va-
cation of the right-of-way.
(c) In justice to the Peti-
tioner vacation of the right-
of-way should be granted.
Section 3. That the right-
of-way Is hereby vacated
and shall revert to the own-
ers of Lots 3 and 4,Block 1
Ni the Replat of the Interstate
District North of 1-70 Addition
No. 2 to the City of Salina,
Saline County, Kansas, in
accordance with K.S.A. 13-
443, provided however that
vacation of the above descri-
bed right-of-way is subject
to the following conditions:
1.A portion of the vacat-
ed right-of-way shall be
retained as a public utili-
ty easement, as shown
as Tract No.1 and Tract
No.2 as depicted on the
attached Exhibit"A".
Section 4. That this ordi-
nance shall be In full force
and effect front and after Its
'adoption and .publication
once in the official city news-
paper.
Introduced:May 15,2005
Passed:November 6,2006
, Donnie D.Marrs,Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey
CMC,City Clerk (it)