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99-9915 Vac Talley Add RpltkW (Published in The Salina Journal March M 1999) ORDINANCE NUMBER 99-9915 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY ALONG WINONA STREET AND TEAKWOOD STREET FROM DOVER DRIVE TO WESTWOOD ROAD IN TALLEY ADDITION AND THE REPLAT OF TALLEY ADDITION IN THE CITY OF SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That on March 1, 1999, the governing body conducted a public hearing on the petition of John Sprengle, President, Affordable Residential Communities, L.L.C. ("Petitioner") requesting vacation of ten (10) feet of right-of-way along Winona Street and Teakwood Street from Dover Drive to Westwood Road in Talley Addition and the Replat of Talley Addition in the City of Salina, Saline County, Kansas, described as follows: The North Five (5) feet and the South Five (5) feet of the platted Sixty (60) foot right-of-way for Winona Street from Dover Drive to Westwood Road and the North Five (5) feet and the South Five (5) feet of the platted Sixty (60) foot right-of-way for Teakwood Street from Dover Drive to Westwood Road in Talley Addition and the Replat of Talley Addition in the City of Salina, Saline County, Kansas. The above described right-of-way to be vacated contains Seventeen Thousand Five Hundred Eighty-one and Fifty Hundredths (17,581.50) square feet or Forty Hundredths (0.40) acres, more or less, and shall be retained as a utility easement by the City of Salina. 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 Petitioner 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 Lots Seven (7) thru Ten (10) in Block Two (2), Lots Eleven (11) thru Nineteen (19) in Block Three (3), Lots One (1) thru Thirteen (13) and Lots Fifteen (15) thru Twenty-six (26) in Block Four (4) of Talley Addition and the owners of Lots One (1), Twenty-two (22) and Twenty-three (23) in Block Five (5), Lots One (1), Two (2), Twelve (12) and Thirteen (13) in Block Six (6), and Lots Sixteen (16), Seventeen (17) and Eighteen (18) in Block Seven (7) of the Replat of Talley Addition, all in the City of Salina, Saline County, Kansas, provided however: (a) The City retains the vacated right-of-way as a utility easement. 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: 440 D. Lo g, CMC, City lerk Introduced: March 1, 1999 Passed: March 15, 1999 a�_CA� Peter F. Brungardt, Mayor