07-10378 Affidavit of Publication
Following is a true and correct copy of Ordinance No.07-10378
together with proof of publication of the same. •
(Published In The Salina
Journal March 30,2007) ,
ORDINANCE NUMBER
AFFIDAVIT 07-10378
AN ORDINANCE PRO-
VIDING FOR THE VACA-
TION THE STREET RIGHT-
OF-WAY Garrison being OF-WAY FOR NORTH
I, g THIRD STREET FROM
IRON AVENUE NORTH TO
THE SMOKY HILL RIVER,
duly sworn,declare that I am the Majors/Nationals ORIGINAL TOWNSITE OF
SALINA,SALINE COUNTY,
!KANSAS.
BE IT ORDAINED by the
Coordinator of THE SALINA JOURNAL,a daily news- Governing Body of the City
of Salina,Kansas:
Section 1.That on March
paper published at Salina,Saline County,Kansas,and 119, 2007, the Salina City
Commission conducted a
public hearing on the petition
filed by Michael Spicer on
of general circulation in said county,which newspaper behalf of the Salina Com-,
munity Theatre ("Petitioner")
requesting vacation of the
has been continuously and uninterruptedly published Theet right of aay Iron for North
nue north to the Smoky Hill
River, Original Town Site of
for five consecutive years prior to first publication of at- Salina, Saline County, Kan-
sas.
Section 2. That the gov-
tached notice,and that the attached erring body finds from the
evidence presented at the
public hearing that:
(a) Due and legal notice
Ordinance No.07-10378 has been given by publi-
cation as required by
• law.
has been correctly published in said newspaper 1 b(be) Noj o privat or rights will
endan-
gered by vacation of the
right-of-way.
times, the first publication given in (c) In justice to the Peti-
tioner vacation of the
right-of-way should be
the issue of March 30 2007. granted.
Section 3. The governing
body finds that on February
5, 1990, Ordinance Number
IA 90-9370 was adopted vacat-
L� l 11 . ing the West Fifteen(15)feet
of street right-of-way, adja-
cent to Lots 94,96,98, 100,
2�( 4,. 102, 104, 106 and 108 on
Subscribed and sworn to before me, this Third Street, Original Town-
site of Salina, Saline, Kan-
sas.
• �i'' 1 Section 4. That the re-
day of f A.D.2007 i
foallo street right-of-way from
Avenue north to the
f --_ Smoky Hill River, Original
Town Site of Salina, Saline
Notary Public County, Kansas is hereby
/> vacated and shall revert to
■the adjacent property owners
in accordance with K.S.A.
13-443, provided however
that vacation of the above
described right-of-way is
subject to the following con-
ditions:
. NOTARY PUBLIC-State of Kansas 1. The east twenty-five
(25) feet of the vacated
WENDY CHROBAK right-of-way shall be re-
tained My Appt.Exp. p"72 as a public utility
easement.
2. All of the remaining
vacated right-of-way
shall be retained as a
public access and main-
tenance easement.
Section 5. 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 19,2007
Passed:
March 26,2007
Donnie D. Marrs,
Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey,
CMC,City Clerk (1t)