10-10533 Vacate Replat of the Foley Addition1
1
(Published in the Salina Journal on June 10, 2010)
ORDINANCE NUMBER 10-10533
AN ORDINANCE PROVIDING FOR THE VACATION OF A PUBLIC DRAINAGE
EASEMENT LOCATED ON LOT TWO (2), BLOCK ONE (1) IN THE REPLAT OF THE
FOLEY ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on May 24, 2010, the governing body conducted a public hearing on the
petition filed by Timothy R. Murphy, on behalf of H -M Olathe, L.L.C. ("Petitioner") requesting
vacation of a public drainage easement located on the North 60 feet of the West Three Hundred
Thirty -One and Fifty -One Hundredths (331.51) feet of Lot Two (2), Block One (1) in the Replat of
the Foley Addition, less the West One Hundred Twenty -Six (126) feet thereof.
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 the vacation of the public drainage
easement.
(c) In justice to the Petitioner the drainage easement vacation request should be granted.
Section 3. That a public drainage easement legally described as the North 60 feet of the
West Three Hundred Thirty -One and Fifty -One Hundredths (331.51) feet of Lot Two (2), Block
One (1) in the Replat of the Foley Addition, less the West One Hundred Twenty -Six (126) feet
thereof, is hereby vacated and full, unrestricted use of this area shall revert to the owner of Lot Two
(2), Block One (1) in the Replat of the Foley Addition to the City of Salina, Saline County, Kansas.
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.
Introduced: May 24, 2010
Passed: June 7, 2010
Aionr G. Peck, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, Cit"_'7yerk