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98-9902 Vac 9th Schilling TractDee der (Published in The Salina Journal , 1998) ORDINANCE NUMBER 98-9902 AN ORDINANCE PROVIDING FOR THE VACATION OF A TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF SOUTH NINTH STREET AND SCHILLING ROAD 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 November 23, 1998, the governing body conducted a public hearing on Petition Number 4168 of the city of Salina ("Petitioner") requesting vacation of a tract of land in the Southeast Quarter (SEI/4) of Section Thirty-five, Township Fourteen South, Range Three West (35-T14S-R3W) of the Sixth Principal Meridian in the City of Salina, Saline County, Kansas, more particularly described as follows: Commencing at the Southeast corner of said Section Thirty-five (35); - thence North Zero degrees Eighteen minutes and Thirty-nine seconds West (N00°18'39"W) along the East line of said Section Thirty-five (35), a distance of Eighty and Zero Hundredths (80.00) feet; - thence South Eighty-nine degrees Fifty-one minutes and Forty- nine seconds West (S89°51'49"W) parallel with the South line of said Section Thirty-five (35), distance of Eighty and Zero Hundredths (80.00) feet to the Point of Beginning, said point being the intersection of the West right-of-way line of South Ninth Street and the North right-of-way line of Schilling Road; - thence South Eighty-nine degrees Fifty-one minutes and Forty-nine seconds West (S89°51'49"W) along the North right-of-way of Schilling Road a distance of One Hundred Sixty-nine and Ninety- eight Hundredths (169.98) feet; - thence Northeasterly along a non -tangent curve to the left having a radius of Two Hundred Sixty-five and Twenty-eight Hundredths (265.28) feet, an arc distance of Three Hundred Nineteen and Fifty- three Hundredths (319.53) feet, said curve having a long chord of Three Hundred and Fifty-six Hundredths (300.56) feet and a bearing of North Thirty-four degrees Seven minutes and Forty-five seconds East (N34°07'45"E), to a point on the West right-of-way line of South Ninth Street; - thence South Zero degrees Eighteen minutes and Thirty-nine seconds East (S00°18'39"E) along said right-of-way, a distance of Two Hundred Forty-eight and Forty Hundredths (248.40) feet, back to the Point of Beginning. The above described tract of land contains Eleven Thousand Six Hundred Thirty-four (11,634) square feet or Twenty-seven Hundredths (0.27) acres, 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 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 Lot Two (2), Block One (1) of the Replat of the Walmart Subdivision and the First Bank Addition to the City of Salina, Saline County, Kansas, provided however, (a) The City retains the east Twenty (20) feet of 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. Introduced: November 23, 1998 Passed: December 7, 1998 [SEAL] ATTEST: Peter F. B�rungardt, ayor 4 D )VLo , CMC, City erk