09-10520 Vacate Broadway/North Street Right-of-Way1
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(Published in the Salina Journal on Octobera3 , 2009)
ORDINANCE NUMBER 09-10520
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE
BROADWAY BOULEVARD AND NORTH STREET RIGHT-OF-WAY ADJACENT TO THE
BEST INN MOTEL SITE AT 1220 WEST NORTH STREET IN THE CITY OF SALINA,
SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on October 5, 2009, the Salina City Commission conducted a public
hearing on the petition filed by Roger Bhakta ("Petitioner") requesting vacation of a portion of the
public street right-of-way for Broadway Boulevard and North Street abutting Best Inn Motel property in
the City of Salina, Saline County, Kansas, more particularly described on the attached and incorporated
Exhibit A and depicted on the attached and incorporated Exhibit B..
that:
Section 2. That the governing body finds from the evidence presented at the public hearing
(a) Due and legal notice has been given by publication as required by law.
(b) No private rights will be injured or endangered by vacation of the right-
of-way.
(c) In justice to the Petitioner vacation of the right-of-way should be
granted.
Section 3. That the right-of-way is hereby vacated and shall revert to the owner of the
abutting property in accordance with K.S.A. 13-443, provided however that vacation of the above
described right—of-way is subject to the following condition:
(a) A ten (10) foot public utility easement shall be retained on the East ten (10) feet of vacated right-of-
way, as depicted on the attached Exhibit B.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, ity Clerk
Introduced: October 5, 2009
Passed: October 12, 2009
. �Luci Larson, Mayor
Exhibit A
Legal Description
A tract of land located in the Northwest Quarter of Section 11,
Township 14S, Range 3W of the 6th P.M. in the City of Salina,
Saline County, Kansas, more particularly described as follows:
Commencing at the Southeast Corner of
Quarter;
Thence on an assumed bearing of South
South line of the said Northwest Quarter
feet;
Thence North 0'0832" West, a distance
Point of Beginning;
the said Northwest
89°51'28" West on the
a distance of 430.49
of 38.00 feet to the
Thence North 0'08'32" West, a distance of 3.53 feet to the
intersection of the North Street Right of Way Curve, said Right of
Way is recorded in Saline County, Register of Deeds Misc. Book
20, page 231;
Thence on said North Street Right of We
a radius of 676.78 feet, a chord bearinc
and an arc length of 310.50 feet to the
parcel recorded in Saline County Register
Page 378;
curve to the Left with
North 72°48'52" East,
Southeast corner of a
of Deeds Book 1150,
Thence
South
30'19'44"
East
perpendicular
Right of
Way,
a distance of 9.90 feet;
Thence
South
39'43'43"
West,
a distance
Thence
South
73°29'23"
West,
a distance
Thence
South
89'51'28"
West,
a distance
Point of
Beginning.
to said North Street
of 88.93 feet;
of 60.07 feet;
of 184.60 feet to the
Said Tract contains 7711 square feet more or less.
N 0'08'32' W 38.00' (m)
South line of the Northwest } and centerline of North Street&W
sf�' �t_2e'w 4M.4ir (rn)
(lass of searing) SW 51' 28'w2tl'w 26312+'(m)
Southwest
Comer of the
Northwest }
11-14-3.
Found }' bar
W General Notes:
1. Basis of Bearing is an assumed bearing of S
.;..e 89'51'28' W an the South line of the Northwest
Ouorter of Section 11, Township 14S, Range 3W, of
_ the 6th P.M.
2. Origin of found monuments is unknown unless
L labeled otherwise.
X This is not o Land Survey.
Southeast Comer of the
Northwest } 11-14-3.
Found 2" aide in
monument box
Curve 1: L=334.95' (m), 335.07' (LM)
o
y
Rod -676.78' (m), 676.78' (LM)
Chord Beoring=N 7350'58" E (m), N 74p3'1T E (LM)
�=
c
Curve 2: L=310.50' (m)
v
g
Rod -676.78' (m)
? z
Chord Beoring=N 72'48'52" E (m)
Z13
f1
r "need
S30'19'44'E 9.90'(m)
c
O Found Monument
Found Bar w/ AG Inc. 106 cap
� Y
r�
O
0 Set )' bar and 'LS 1426' cep
27
X set x mod, to EsstFg concrete
L=10.00
R=676.78
ti
Orn
Found section Comer
C=N60' 05' 40"E
7
(m) Measured Distance
C
z
(W) Retarded distance by Londmork Sun yang and ktoppkp Inc. Sdi,ro
County Register of Deeds book nn, pone 110.
�UNRy Easement
m
30' 19' 43.88"W 13.60'
q�
to
S 39' 43' 43' W 10.64' (m)
p
a e
Found Bor. w/ AG Inc. 106 Cop
y
t 2
wr10
Not Set under dumpster
rn
2S M
N
N 0'08'32" W 3.53' (m) S 89'51'28" W 184.60' (m)
S1
Point of Beginning
o
N 0'08'32' W 38.00' (m)
South line of the Northwest } and centerline of North Street&W
sf�' �t_2e'w 4M.4ir (rn)
(lass of searing) SW 51' 28'w2tl'w 26312+'(m)
Southwest
Comer of the
Northwest }
11-14-3.
Found }' bar
W General Notes:
1. Basis of Bearing is an assumed bearing of S
.;..e 89'51'28' W an the South line of the Northwest
Ouorter of Section 11, Township 14S, Range 3W, of
_ the 6th P.M.
2. Origin of found monuments is unknown unless
L labeled otherwise.
X This is not o Land Survey.
Southeast Comer of the
Northwest } 11-14-3.
Found 2" aide in
monument box