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------