05-10310 Vacate Schilling Sub(Published in the Salina Journal on October a?, 2005)
ORDINANCE NUMBER 05-10310
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF TWO
UTILITY EASEMENTS LOCATED IN LOTS 16 AND 18, BLOCK 12, SCHILLING
N SUBDIVISION #5 TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
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BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on October 17, 2005, the governing body conducted a public hearing on
the petition filed by Brian Kirckof, Capital Project Engineer, with Schwan's Food Manufacturing,
("Petitioner") requesting vacation of two utility easements located in Lots 16 and 18, Block 12,
Schilling Subdivision #5 in the City of Salina, Saline County, Kansas, more particularly described in
Exhibit `A'.
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 these
public utility easements.
(c) Injustice to the Petitioner public utility easement vacation request shall
be granted.
Section 3. That the public utility easement running north -south in the vicinity of the west
line of Lot 18, Block 12, Schilling Subdivision #5, and the east -west utility easement along the common
lot line of Lots 16 and 18, Block 12, Schilling Subdivision 95 is hereby vacated and shall revert to the
owners of Lots 16 and 18, Block 12, Schilling Subdivision #5 in 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 17, 2005
P sed: Oct er 24, 2005
Deborah Divine, Mayor
[SEAL]
ATTEST:
, City
1
Exhibit 'A'
DESCRIPTION OF REQUESTED VACATION OF PUBLIC UTILITY EASEMENT
AREA #4
A tract of land, currently a public utility easement located in Lots 16 and 18 in Block
12, Schilling Subdivision #5, City of Salina, Saline County, Kansas described as follows:
Commencing at the southeast corner of Block 12 Schilling Subdivision #5;
Thence N00°06'47"W along the east line of said block 12, a distance of 367.50' to the
point of beginning, said point being the southeast corner of a 60.00' public utility
easement, the center of which is the north line of said lot 18;
Thence S89'53'1 3"W along the south line of said easement, a distance of 45.00';
Thence continuing along said south line in a westerly direction on a curve to the right
having a radius of 1580.00', the long chord of which bears N86'4 1'22"W and measures
188.71', an arc distance of 188.82' to the east line of a north -south 20' public utility
easement;
Thence S05°26'04"W along said east line a distance of 260.07';
Thence S84°33'56"E a distance of 15.00';
Thence S05°26'04"W a distance of 15.00';
Thence N84°33'56"W a distance of 15.00';
Thence S05°26'04"W along said east line, a distance of 85.39' to a point where said east
line intersects the north line of a 20' public utility easement;
Thence S89°53' 14"W along said north line a distance of 20.09' to the west line of the
north -south 20' public utility easement;
Thence N05°26'04"E along said west line, a distance of 362.98' to the south line of a
60' public utility easement, the center of which is the north line of lot 18;
Thence in a westerly direction along said south line, on a curve to the right having a
radius of 1580', the long chord of which bears N8I"38'59"W and measures 49.11', an
arc distance of 49.12', to a point where said south line intersects the west line of said lot
18;
Thence N53°46'44"E a distance of 85.85', to a point on the north line of said 60' public
utility easement;
Thence along said north line in an easterly direction on a curve to the left having a radius
of 1520', the long chord of which bears S86°34' 16"E and measures 187.80', an arc
distance of 187.92';
Thence N89°53' 13"E along said north line a distance of 45.00' to a point where said
north line intersects the east line of said lot 18;
Thence S00°06'47"E along said east line a distance of 60.00' to the point of beginning,
containing 23,547 square feet more or less.