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00-9973 Vac Georgetown RpltORDINANCE NUMBER 00-9973 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE BEECHWOOD ROAD PUBLIC RIGHT-OF-WAY BETWEEN CRAWFORD STREET AND PHEASANT LANE IN THE 1974 PLAT OF GEORGETOWN ADDITION IN THE CITY OF SALINA, SALINE COUNTY, KANSAS; AND REPEALING ORDINANCE NUMBER 00-9966. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That on January 3, 2000, and January 10, 2000 the Governing Body conducted a public hearing on the petition of Georgetown, Inc., Vern Weis, John Rogers and Sterling House II ("Petitioners") requesting vacation of a part of the Beechwood Road right-of-way between Crawford Street and Pheasant Lane in the Georgetown Addition of the City of Salina, Saline County, Kansas, more particularly described as follows: Beechwood Road right-of-way from the north line of Crawford Street to the south line of Pheasant Lane. The above described right-of-way to be vacated includes twenty-six thousand five hundred forty-five (26,545) square feet, more or less. 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 the right- of-way. (c) In justice to the Petitioners vacation of the right-of-way should be granted. Section 3. That the right-of-way is hereby vacated and shall revert to the owners of Tracks Four (4), Five (5) and Six (6), Wilbur Planned Development District, a part of Lot Seven (7), Block Two (2), Georgetown Addition in the City of Salina, Saline County, Kansas; Lot 6, Block 2 Georgetown Addition in the City of Salina, Saline County, Kansas; and Block Five (5), Georgetown Addition in the City of Salina, Saline County, Kansas, provided however: (a) The City retains a portion of the vacated right-of-way as a public utility easement as described in Exhibit "A"; (b) Restricted access shall be retained across the vacated Beechwood Road frontage on Crawford Street; (c) The petitioners shall be required to remove and replace the Beechwood Road approaches onto Crawford Street and Pheasant Lane with full -depth curb and gutter sections at their cost and within six (6) months of the date of this ordinance; (d) Georgetown, Inc., the owner of two (2) lots in the Wilbur PDD, shall dedicate an access easement for Tract 4 onto the private street in order to provide a legal street frontage for the tract and to avoid creation of a land -locked parcel. Section 4. That Ordinance Number 00-9966 is hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: arbara R. Weber, Acting City Clerk Introduced: February 28, 2000 P ed: February 28, 2000 A Avv� Monte Shadwick, Mayor EXHIBIT "A" PAGE 2 DESCRIPTION OF UTILITY EASEMENT VACATED RIGHT-OF-WAY The existing sixty (60) foot right-of-way for Beechwood Road from the south line of Pheasant Lane to the north line of Crawford Street, and being adjacent to the east line of Block Two (2) and the west line of Block Five (5), Georgetown Addition, is hereby vacated. The following described portion of the vacated right-of-way shall be retained by the City of Salina as a utility easement. UTILITY EASEMENT Beginning at the northeast corner of said Block Two (2); Thence South along the east line of said Block Two (2), a distance of One Hundred Twenty-four and Five Tenths (124.5) feet; Thence East parallel with the south line of Pheasant Lane, a distance of Forty (40) feet; Thence South parallel with the west line of said Block Five (5), a distance of One Hundred Sixty and Five Tenths (160.5) feet; Thence East parallel with the south line of Pheasant Lane, a distance of Twenty (20) feet to the west line of said Block Five (5); Thence North along the west line of said Block Five (5), a distance of One Hundred Ninety-five (195) feet; Thence West parallel with the south line of Pheasant Lane, a distance of Forty (40) feet; Thence North parallel with the east line of said Block Two (2), a distance of Ninety (90) feet to the south line of Pheasant Lane; Thence West along the south line of Pheasant Lane, a distance of Twenty (20) feet back to the Point of Beginning. The above described utility easement contains Seven Thousand Eighty (7,080) square feet, more or less.