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06-10326 Vacate Foley Add(Published in the Salina Journal on Marchi( 2006) ORDINANCE NUMBER 06-10326 AN ORDINANCE PROVIDING FOR THE VACATION OF A PUBLIC DRAINAGE EASEMENT, A PORTION OF A 40 -FOOT NORTH -SOUTH UTILITY AND DRAINAGE N EASEMENT AND A PLATTED BUILDING SETBACK LINE LOCATED ON LOT 1, w BLOCK 1 OF THE FOLEY ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. 0 BE ORDAINED by the Governing Body of the City of Salina, Kansas: 0 Section 1. That on March 20, 2006, the governing body conducted a public hearing on the petition filed by Bill Moody, on behalf of Foley Equipment Company ("Petitioner") requesting vacation of a public drainage easement, the North 92.4 feet of a Forty (40) foot utility and drainage easement and a platted building setback line located on Lot 1, Block 1 of the Foley Addition., more particularly described on the attached and incorporated Exhibit "A" and depicted on the attached and incorporated Exhibit `B". 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 the public drainage easement, a portion of the utility and drainage easement and the building setback line. (c) In justice to the Petitioner the easement and setback line vacation requests should be granted. Section 3. That a public drainage easement, the North 92.4 feet of the Forty (40) foot utility and drainage easement and a platted building setback line located on Lot 1, Block 1 of the Foley Addition are hereby vacated and full, unrestricted use of these areas shall revert to the owner of Lot 1, Block 1 of the Foley Addition to the City of Salina, Saline County, Kansas, provided however that the vacation of the above described easements and setback line is subject to the following conditions: (1) The existing Twenty (20) foot utility easement and Fifty (50) foot landscape buffer easement located north of the drainage easement for the stormwater detention pond on Lot 1 shall remain in place as shown on the plat of the Foley Addition. (2) No development shall occur on the remaining Foley Addition until a replat of the property is approved and a new drainage easement is dedicated to accommodate construction of a stormwater detention pond. 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: March 20, 2006 Ted: March 27, 2006 k� Deborah Divine, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, Ci Jerk Legal Description A Drainage Easement in Lot 1, Block 1, Foley Addition City of Salina, Kansas EXHIBIT A Landmark - SURVEYING & MAPPING INC. Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.Q. Box 97 Abilene, Kansas, 67410 Legal Description (Drainage Easement to be Vacated) A parcel of land located in Lot 1, Block 1, Foley Addition to the City of Salina, Saline'' County, Kansas, more particularly described as follows: Beginning at the South comer on the East line of said Lot 1 that adjoins an unplatted parcel; - thence on an assumed bearing of S 89°52'43" W a distance of 40.00 feet; - thence N 00°07'50" W a distance of 92.94 feet; - thence N 90°00'00" W a distance of 288.73 feet; - thence N 14°31'01" W a distance of 138.14 feet; - thence N 58°20'00" E a distance of 303.41 feet; - thence N 76046'53" E a distance of 66.17 feet; - thence S 00°07'50" E a distance of 308.15 feet; - thence N 90°00'00" E a distance of 25.00 feet to a point on the East line of said Lot 1; - thence S 00°07'50" E along said East line a distance of 92.86 feet to the POINT OF BEGINNING; Said parcel rpontains 75,973 square feet, more or less, and is subject to easements, reservations and restrictions of record. Revision: Added South Easement By: JPJ Date: 3/3/2006 L.S. 0354 EXHIBIT B Sketch Lanc[mukA Drainage Easement in SURVEYING & MAPPING INC. Lot 1, Block 1, Foley Addition City of Salina, Kansas Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O: Box 97 Abilene, Kansas, 67410 1 "=60' 60 0 60 / X53" B 66613' i � / I e I a OF — NG L------ 00 co / to o b \ DRAINAGE EASEMENT I W 1 75,973 Sq. Ft f N \o I 1 1 I' Cp \ N 9000'00" E \ 25:00' L--_----- N90°00'00'_W 288.73'--- -----1 31 I w II. r,� N O ONOI O N OOH Revision: Added South Easement of By: JPJ Date: 3/3/2006 z I a OF — NG L------