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13-10683 Vacate Easement Grand Prairie AdditionSummary published in The Salina Journal on March Z_G , 2013. PoStcd nn the CiLKOf Salinasvehsite from I Aarch [ I -Anr2 2Ut 3 ORDINANCE NUMBER 13-10683 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF A 10 FOOT UTILITY EASEMENT LOCATED ON LOT 12, BLOCK 2 OF THE GRAND PRAIRIE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. w BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Petition and Public Hearing. That on March 11, 2013 the governing body conducted apublic ' hearing ("Public Hearing") on a petition filed by Cornerstone Development Group, LLC. ("Petitioner") 3 requesting vacation of a ten (10) foot utility easement located along the north ten (10) feet of Lot Twelve (12), Block Two (2) of the Grand Prairie Addition, more particularly described as follows: Beginning at the Northwest corner of said Lot 12; Thence on an assumed bearing of North 87° 24' 18" East on the North line of said Lot 12, a distance of 123.26 feet; Thence South 15" 07' 49" East, a distance of 10.24 feet to the Utility and Sidewalk Easement line; Thence South 87° 24' 18" West on the south line of the utility easement, a distance of 124.82 feet to the west edge of said Lot 12; Thence on the west edge of said Lot 12 on a curve to the left, said curve has a Radius of 80.00 feet, an arc length of 10.03 feet, a Chord Distance of 10.02 feet, and a Chord Bearing of North 06° 23' 31" West, to the Point of Beginning. Said tract contains 1239 square feet more or less. Section 2. Findings. That the governing body finds from the evidence presented in relation to the requested easement vacation: (A) There are no public or franchise utilities located within the east -west portion of the platted utility easement proposed to be vacated. (B) The above described portion of the platted utility easement is no longer needed to serve its original purpose which was the construction of a public sanitary sewer main. Section 3. Conclusions. That on the basis of those findings and conditions, the governing body ' concludes that: (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 requested utility easement vacation; (C) The public will suffer no loss or inconvenience thereby; and (D) Injustice to the Petitioner, the prayer of the Petitioner ought to be granted. Section 4. Recording. That for the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this utility easement vacation relates to that tract of real property described as Lot Twelve (12), Block Two (2) in the Grand Prairie Addition to the City of Salina, Saline County, Kansas. Section 5. Summary of ordinance for publication. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Ordinance No. 13-10683 Summary On March 18, 2013, the City of Salina, Kansas passed Ordinance No. 13-10683. The ordinance provides for the vacation of a ten foot utility easement along the north side of Lot Twelve (12), Block Two (2) in the Grand Prairie Addition to allow it to be used for a private sewer service line serving the Salina Municipal Golf Course. A complete copy of the ordinance is available at www.salina-ks.uov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney. Introduced: March 11, 2013 Passed: March 18, 2013 Barbara V. Shirley, Vice -mayor [SEAL] Lieu Ann Elsey, CMC, Ody Clerk