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03-10170 Vac Schilling Subdiv 5Co,soI�MO SMII (Published in the Salina Journal on KoVembu V, 2003) ORDINANCE NUMBER 03-10170 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF AN EXISTING PUBLIC UTILITY EASEMENT AT THE VACATED SCANLAN AVENUE BETWEEN SCHILLING ROAD AND VACATED JUMPER ROAD IN THE SCHILLING SUBDIVISION NO. 5 TO 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 6, 2003, the governing body conducted a public hearing on the petition of Harry Smith, Director of Manufacturing for Schwan's Foods (Tony's Pizza) ("Petitioner") requesting vacation of a portion of a utility easement located in the Schilling Subdivision No. 5 to the City of Salina, Saline County, Kansas. hearing that: Section 2. That the governing body finds from the evidence presented at the public (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 a portion of the utility easement. (c) Injustice to the Petitioner vacation of a portion of the utility easement should be granted. Section 3. That an 80' by 340' portion of the utility easement is hereby vacated and shall revert to the owner of Lot 1, Block 12, Schilling Subdivision No, 5 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: October 6, 2003 Passed: October 20, 2003 Alan �EJiIka�, ayor [SEAL] ATTEST: Lx�L Lieu Ann Elsey, City Clerk