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15-10786 Lakewood School Addition Vacation-- REBECCA SEEMAN •` "� ° `'� EGISTER OF DEEDS SALINE COUNTY KANSAS oF. Book: 1299 Page: 698-703 ' E E v 4 . RBC81Pt 103708 Recording Fee: Other l,al k Y 6 �.{ Pages Recorded: 6 ��'-�' Date Recorded: 7/15/2015 2:32:21 PM Grantor Grantee Type of Document Certified Copy Of Ordinance Recording Fees $0.00 Mtg Reg Tax $0.00 Total Amount I M Return Address ROOM 206 SHANDI (Summary published in The Salina Journal on July tj , 2015.) (Pnhlkhed on the. Gifu of galina'g wehsite from July 1N ),v JZ 2015.) ORDINANCE NUMBER 15-10786 i AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY N FOOT (20') UTILITY EASEMENT LOCATED IN LOT ONE (1), BLOCK ONE (1) OF LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY, W KANSAS. R BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: a Section 1. Petition and Public Hearing. On July 13, 2015 the governing body conducted a public hearing ("Public Hearing") on the petition filed by J Vosseller on behalf of the USD No. 305 Board of Education ("Petitioner") requesting vacation of the following described portion of a utility easement: A tract of land in Lot One (1), Block One (1), Lakewood School Addition to the City of Salina, Saline County, Kansas, described as follows: Commencing at the Northeast corner of said Lot One (1); thence S 00° 13' 37" W on the East line of Said Lot One (1), a distance of seven hundred thirty nine point zero seven feet (739.07'); thence N 89° 46' 24" W a distance of thirty feet (30.00'); thence S 45° 13' 36" W a distance of five hundred four point fourteen feet (504.14') to the point of the beginning; thence continuing S 45° 13' 36" W a distance of twenty feet (20.00'); thence N. 44° 46' 24" W a distance of one hundred sixty feet (160.00'); thence N 45° 13' 36" E a distance of twenty feet (20.00'); thence S 44° 46' 24" E, a distance of one hundred sixty feet (160') to the Point of Beginning. The requested utility easement vacation will allow construction of a safe room addition on the southwest side of Lakewood Middle School. Section 2. Findings and Conclusions. The governing body determines from the evidence presented: (A) Due and legal notice has been given by publication as required by law. (B) The public will suffer no loss or inconvenience by the vacation of the utility easement location because the easement contains a public water main and fire hydrant and the water main and fire hydrant are being relocated. No other public or franchise utilities are located in the twenty foot (20') easement. (C) No private rights will be injured or endangered because the relocated water main and fire hydrant will provide adequate protection to the school building. (D) That injustice to the Petitioner vacation of the utility easement should be granted because the continued presence of a public utility easement no longer serves a public purpose due to the relocation of the water main and fire hydrant. Book: 1299 Page: 699 Book: 1299 Page: 700 (E) The public interest is promoted by the vacation of the public utility easement because it would allow the petitioner to construct a safe room addition to provide a shelter space for middle school students and teachers. Section 3. Order of Vacation. The above described portion of a twenty foot (20') utility easement located on Lot One (1), Block One (1) of Lakewood School Addition to the City of Salina, Kansas is ordered vacated. Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of utility easement relates to the tract of real property described as Lot One (1), Block One (1) of Lakewood School Addition to the City of Salina, Saline County, Kansas. Section 4. Summary of ordinance for publication. This ordinance shall be published by the following summary: Ordinance No. 15-10786 Summary On July 13, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10786. The ordinance vacates a portion of a twenty foot (20') public utility easement on Lot 1, Block 1 of the Lakewood School Addition (Lakewood Middle School) which no longer contains any public utilities. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney. Section 5. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: July 13, 2015 Passed: July 13, 2015 jo. laneard, Mayor [SEAL] ATTEST: I hereby certify that the above and foregoing is a true Sha di Wicks, CMC, City Clerk and correct copy of Ordinance No. 15-10786 that was adopted by the Governing Body of the City of Salina at their regular meeting on July 13, 2015. C Shandi Wicks, 6; 1870 Cir<, Clerk Book: 1299 Page: 701 fication of Publication Summary: A. Beylftbn, City Attorney I Ooke 1299 Pageo 702 EXHIBIT 'A' EASEMENT VACATION DESCRIPTION: A PORTION OF LOT 1 BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE S 00'13'37" W ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 739.07 FEET; THENCE N 89'46'24" W A DISTANCE OF 30.00 FEET; THENCE S 45'13'36" W A DISTANCE OF 504.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 45'13'36" W A DISTANCE OF 20.00 FEET; THENCE N 44'46'24" W A DISTANCE OF 160.00 FEET; THENCE N 45'13'36" E A DISTANCE OF 20.00 FEET; THENCE S 44'46'24" E A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY WAS AN ASSUMED BEARING OF S 00'13'37" W ALONG THE EAST LINE OF LOT 1, BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. � �� C ' 0\ `CENSE 5/LI/Zo15 R, LS -120 :;o J' C ot \f �ANSPS O � SUO WILLIAM C. DELKER KANSAS RLS NO. 1201 delker@kveng.com 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 FAX (785) 823-3411 so®kveng.com www.kveng.com 1106 5-20-15 ♦ KAW VALLEY ENGINEERING 1106E E14S14S 106 1 OF 2 f .- r4 f ILM 11'1 0 0 9. (_0 SCALE: 1" = 100' LOT 1, BLOCK 1 LAKEWOOD SCHOOL ADDITION Boeko 1299 Page: 703 EXHIBIT 'B' S 89'24'11" W 369.97' POINT OF COMMENCEMENT NE COR, LOT 1, BLK 1 LAKEWOOD SCHOOL ADDITION n O Qi r co r CIDt M io O O N r� O O N N 89'46'24" W 30.00' /110, h/ / N 45'13'36" E ,,5!ro \ 9sF\ 21 •�'S �� S 44'46'24" E tK 160.00' / N 44'46'24" W 160.00' —POINT OF BEGINNING S 45'13'36" W S 50'3 2'51 " W 71.09' S 2'2'07" W .0165 R 20.00 S 71'02'53" E 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 ( FAX (785) 823-3411 so®kveng.com I www.kveng.com V KAW VALLEY ENGINEERING 50.00' E14S1106 5-20-15 1106EXBA LRR 2 OF 2 N Z W C 0 U L (Summary published in The Salina Journal on July [1 , 2015.) (Puhlished nn the City of Salina's wehsite from July J4 ko ZS 2015.) ORDINANCE NUMBER 15-10786 AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY FOOT (20') UTILITY EASEMENT LOCATED IN LOT ONE (1), BLOCK ONE (1) OF LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Petition and Public Hearing. On July 13, 2015 the governing body conducted a public hearing ("Public Hearing") on the petition filed by J Vosseller on behalf of the USD No. 305 Board of Education ("Petitioner") requesting vacation of the following described portion of a utility easement: A tract of land in Lot One (1), Block One (1), Lakewood School Addition to the City of Salina, Saline County, Kansas, described as follows: Commencing at the Northeast corner of said Lot One (1); thence S 00° 13' 37" W on the East line of Said Lot One (1), a distance of seven hundred thirty nine point zero seven feet (739.07'); thence N 89° 46' 24" W a distance of thirty feet (30.00'); thence S 45° 13' 36" W a distance of five hundred four point fourteen feet (504.14') to the point of the beginning; thence continuing S 45° 13' 36" W a distance of twenty feet (20.00'); thence N. 44° 46' 24" W a distance of one hundred sixty feet (160.00'); thence N 45° 13' 36" E a distance of twenty feet (20.00'); thence S 44° 46' 24" E, a distance of one hundred sixty feet (160') to the Point of Beginning. The requested utility easement vacation will allow construction of a safe room addition on the southwest side of Lakewood Middle School. Section 2. Findings and Conclusions. The governing body determines from the evidence presented: (A) Due and legal notice has been given by publication as required by law. (B) The public will suffer no loss or inconvenience by the vacation of the utility easement location because the easement contains a public water main and fire hydrant and the water main and fire hydrant are being relocated. No other public or franchise utilities are located in the twenty foot (20') easement. (C) No private rights will be injured or endangered because the relocated water main and fire hydrant will provide adequate protection to the school building. (D) That injustice to the Petitioner vacation of the utility easement should be granted because the continued presence of a public utility easement no longer serves a public purpose due to the relocation of the water main and fire hydrant. N Z w a 0 U D (E) The public interest is promoted by the vacation of the public utility easement because it would allow the petitioner to construct a safe room addition to provide a shelter space for middle school students and teachers. Section 3. Order of Vacation. The above described portion of a twenty foot (20') utility easement located on Lot One (1), Block One (1) of Lakewood School Addition to the City of Salina, Kansas is ordered vacated. Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of utility easement relates to the tract of real property described as Lot One (1), Block One (1) of Lakewood School Addition to the City of Salina, Saline County, Kansas. Section 4. Summary of ordinance for publication. This ordinance shall be published by the following summary: Ordinance No. 15-10786 Summary On July 13, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10786. The ordinance vacates a portion of a twenty foot (20') public utility easement on Lot 1, Block 1 of the Lakewood School Addition (Lakewood Middle School) which no longer contains any public utilities. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney. Section 5. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: 3WL& a%w Sha di Wicks, CMC, City Clerk Introduced: July 13, 2015 Passed: July 13, 2015 jolancard, Mayor ertification of Publication Summary: A. Be" n, City Attorney C EXHIBIT 'A' EASEMENT VACATION DESCRIPTION: A PORTION OF LOT 1 BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE S 00'13'37" W ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 739.07 FEET; THENCE N 89'46'24" W A DISTANCE OF 30.00 FEET; THENCE S 45'13'36" W A DISTANCE OF 504.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 45'13'36" W A DISTANCE OF 20.00 FEET; THENCE N 44'46'24" W A DISTANCE OF 160.00 FEET; THENCE N 45'13'36" E A DISTANCE OF 20.00 FEET; THENCE S 44'46'24" E A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY WAS AN ASSUMED BEARING OF S 00'13'37" W ALONG THE EAST LINE OF LOT 1, BLOCK 1, LAKEWOOD SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 FAX (785) 823-3411 so®kveng.com www.kveng.com ♦ KAW VALLEY ENGINEERING 60\z�\ 0C '10GENSF � sfzQZ015 m 3 LS -120 z J' C. f ANSP`' O SUR\4 WILLIAM C. DELKER KANSAS RLS NO. 1201 delker®kveng.com EUS1106 5-20-15 1106EXBA LRR 1 OF 2 R, 9 CL rn M .r SCALE: 1" = 100' LOT 1, BLOCK 1 LAKEWOOD SCHOOL ADDITION EXHIBIT 'B' S 89'24'11" W 369.97' POINT OF COMMENCEMENT NE COR, LOT 1, BLK 1 LAKEWOOD SCHOOL ADDITION N 89'46'24" W 30.00' moo, N 45'13'36" E n O M t` t` 00 i� 't M co O O r� O O (n S 50'32' 51 " W1 71.09' s�\ 20.00 �-4c S 27'52'07" W S 44'46'24" E �h �P / 65.01' 160.00 J� / / � O C!7 � (1.1 N 44'46924" W� ' \ / / � 4_ 160.00' POINT OF BEGINNING rS4 13'36" W 20.00' S 71'02'53" E 50.00' 742 DUVALL AVENUE SALINA, KANSAS 67401 PH. (785) 823-3400 1 FAX (785) 823-3411 soQ<veng.com I www.kveng.com ♦ KAW VALLEY ENGINEERING E14S1106 5-20-15 1106EXBA LRR 2 OF 2