05-10315 Vacate Schilling Sub(Published in the Salina Journal on January W 2006)
ORDINANCE NUMBER 05-10315
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF A 20 -
FOOT UTILITY EASEMENT IN LOT 1, BLOCK 6, SCHILLING 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:
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Section 1. That on December 12, 2005, the governing body conducted a public hearing on
the petition filed by Tim Rogers, representing Salina Airport Authority ('Petitioner"), requesting
vacation of a portion of a 20 -foot public utility easement in Lot 1, Block 6, Schilling Subdivision #5 in
the City of Salina, Saline County, Kansas, more particularly described as:
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Commencing at the Southeast corner of Lot One (1), Block Six (6), Schilling
Subdivision No.5, to the City of Salina, Saline County, Kansas;
Thence on an assumed bearing of North 00 -degrees -06 -minutes -47 -seconds
West along the East line of said Lot One (1), a distance of Two -hundred Sixty-
eight and Ninety-one hundredths (268.91) feet;
Thence South 89 -degrees -53 -minutes -I3 -seconds West along the South line of
an existing Twenty and Zero hundredths (20.00) feet wide utility easement, a
distance of Seventy and Thirty-eight hundredths (70.38) feet to the Easterly
line of an existing Twenty and Zero hundredths (20.00) feet wide utility
easement;
Thence South 30 -degrees -29 -minutes -32 -seconds West, along the Easterly line
of said existing utility easement, a distance of Thirteen and Five hundredths
(13.05) feet to the Point of Beginning;
Thence continuing South 30 -degrees -29 -minutes -32 -seconds West, along the
Easterly line of said existing utility easement, a distance of Eighty-four and
Forty-seven hundredths (84.47) feet;
Thence North 60 -degrees -06 -minutes -09 -seconds West, along the Westerly
line of said existing utility easement, a distance One -hundred Forty-six and
Sixty-two hundredths (146.62) feet;
Thence South 89 -degrees -53 -minutes -58 -seconds East, a distance of Forty
and Twenty-five hundredths (40.25) feet to the Easterly line of said existing
Twenty and Zero hundredths (20.00) feet wide utility easement;
Thence South 60 -degrees -06 -minutes -09 -seconds East, along the Easterly line
of said existing utility easement, a distance of Ninety-one and Ninety
hundredths (91.90) feet;
Thence North 30 -degrees -29 -minutes -32 -seconds East, along the Westerly line
of said existing utility easement, a distance of Fifty-two and Ninety-four
hundredths (52.94) feet;
Thence South 89 -degrees -53 -minutes -58 -seconds East, a distance of Twenty-
three and Nineteen hundredths (23.19) feet to the Point of Beginning;
Said portion of the existing Twenty and Zero hundredths (20.00) feet wide
utility easement contains Three -thousand Seven -hundred Fifty-nine and
Twenty-eight hundredths (3,759.28) square feet more or less.
Section 2. That the governing body finds from the evidence presented at the public hearing
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 vacation of a
portion of this public utility easement.
(c) Injustice to the Petitioner public utility easement vacation request shall
be granted.
Section 3. That a portion of the public utility easement located in Lot 1, Block 6, Schilling
Subdivision #5 is hereby vacated and shall revert to the owners of Lot 1, Block 6, Schilling Subdivision
#5 in the City of Salina, Saline County, Kansas.
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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.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, Cit Jerk
Introduced: December 12, 2005
Passed: January 23, 2006
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Deborah Divine, Mayor