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97-9846 Vac Twin Oaks IIConwliG Sellna (Published in The Salina Journal December 30 , 1997) ORDINANCE NUMBER 97-9846 AN ORDINANCE PROVIDING FOR THE VACATION OF PORTIONS OF PUBLIC RIGHT-OF-WAY IN TWIN OAKS II SUBDIVISION TO THE CITY SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That on December 8, 1997, the governing body ducted a public hearing on the petition of Lee Haworth Construction Co., . , Robert Lee Haworth and Pam George ( "Petitioners") requesting vacation of of the public right-of-way in Twin Oaks II Subdivision to the City of , Saline County, Kansas, more particularly described as follows: A portion of Oak Lane and Tara Lane in Twin Oaks II Subdivision in the City of Salina, Saline County, Kansas, more particularly described as follows: Beginning at a point on the south line of Oak Lane said point being Ten (10) feet East of the northwest corner of Lot Four (4), Block Seven (7); - Thence North Forty-eight degrees Thirty-one minutes Twenty-eight seconds East (N.48°31128"E.) a distance of Ninety and Fifty-nine Hundredths (90.59) feet to a point on the easterly line of Tara Lane and the southwest corner of Lot One (1), Block Five (5); - Thence South Six degrees Fifty-three minutes Six seconds East (S.06053106"E.) along the easterly line of Tara Lane a distance of Sixty and Forty-three Hundredths (60.43) feet to a point on the south line of Oak Lane and Thirteen and Thirty-four Hundredths (13.34) feet West of the northwest corner of Lot Four (4), Block Seven (7); - Thence North Ninety degrees Zero minutes Zero seconds West (N.90°00'00"W.) along the south line of Oak Lane a distance of Seventy-five and Twelve Hundredths (75.12) feet back to the Point of Beginning. The above described right-of-way to be vacated contains Two Thousand Two Hundred and Fifty-three (2,253) square feet, more or less. A portion of Oak Lane and Tara Lane in Twin Oaks II Subdivision in the City of Salina, Saline County, Kansas, more particularly described as follows: Beginning at a point on the south line of Oak Lane said point being Ten (10) feet East of the northwest corner of Lot Four (4), Block Seven (7); - Thence North Forty-eight degrees Thirty-one minutes Twenty-eight seconds East (N.48 -31128"E.) a distance of Sixty-nine and Eighty-seven Hundredths (69.87) feet; - Thence South Seventy-one degrees Thirty-two minutes Fifty-nine seconds East (S.71°32'59"E.) a distance of Eighteen and Eighty-eight Hundredths (18.88) feet to a point on the easterly line of Tara Lane and Nineteen and Eighty-four Hundredths (19.84) feet South of the southwest corner of Lot One (1) , Block Five (5) ; - Thence South Six degrees Fifty-three minutes Six seconds East (S . 06°53'06"E .) along the easterly line of Tara Lane a distance of Forty and Fifty-nine Hundredths (40.59) feet to a point on the south line of Oak Lane and Thirteen and Thirty-four Hundredths (13.34) feet West of the northeast corner of Lot Four (4), Block Seven (7); - Thence North Ninety degrees Zero minutes Zero seconds West (N .90°00'00"W .) along the south line of Oak Lane a - vThenre North Ninetv degrees Zero minutes and Zero c�imsv�� distance of Seventy-five and Twelve Hundredths (75.12) feet back to the Point of Beginning. The above described right-of-way to be vacated to Lot Four (4) , Block Seven (7) , contains Two Thousand Eighty-four (2,084) square feet, more or less. A portion of Oak Lane and Tara Lane in Twin Oaks II Subdivision in the City of Salina, Saline County, Kansas, more particularly described as follows: Beginning at a point on the easterly line of Tara Lane said point being the southwest corner of Lot One (1) , Block Five (5) ; - Thence South Six degrees Fifty-three minutes and Six seconds East (5.06°53106"E.) along the easterly line of Tara Lane a distance of Nineteen and Eighty-four Hundredths (19.84) feet; - Thence North Seventy-one degrees thirty-two minutes and Fifty-nine seconds West (N.71°32159"W.) a distance of Eighteen and Eighty-eight Hundredths (18.88) feet; - Thence North Forty-eight degrees Thirty-one minutes and Twenty-eight seconds East (N.48°31128"E.) a distance of Twenty and Seventy-two Hundredths (20.72) feet back to the Point of Beginning. The above described right-of-way to be vacated to Lot One (1) , Block Five (5), contains One Hundred Sixty-nine (169) 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 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 Four (4) , Block Seven (7) and Lot One (1) , Block Five (5), Twin Oaks II Subdivision to the City of Salina, Saline County, Kansas, provided however: (a) The City retains a portion of the vacated Right -of -Way as a utility easement, described as follows: Beginning at a point on the South line of Oak Lane said point being Ten (10) feet East of the northwest corner of Lot Four (4), Block Seven (7); - Thence North Forty-eight degrees Thirty-one minutes and Twenty-eight seconds East (N.48°31'28"E.) a distance of Ninety and fifty-nine Hundredths (90.59) feet to a point on the easterly line of Tara Lane and the southwest corner of Lot One (1) , Block Five (5) ; - Thence South Six degrees Fifty-three minutes and Six seconds East (5.06°53'06"E.) along the easterly line of Tara Lane a distance of Twenty-four and Thirty Hundredths (24.30) feet; - Thence South Forty-eight degrees Thirty-one minutes and Twenty-eight seconds West (5.48'31'28"W.) a distance of Fifty-four and Eighteen Hundredths (54.18) feet to a point on the south line of Oak Lane; - Thence North Ninety degrees Zero minutes and Zero seconds West (N.90000100"W.) along the south line of Oak Lane a distance of Thirty and Twenty Hundredths (30.20) feet back to the Point of Beginning; The above described right-of-way to be vacated and retained as utility easement contains One Thousand Four Hundred and Forty-eight (1,448) square feet, more or less. Cane 'W Selina Section 4. That this ordinance shall be in full force and effect from d after its adoption and publication once in the official city newspaper. Introduced: December 8, 1997 Passed: December 22, 1997 Pet Brung ardt, Vice- iayor [ SEAL] TTEST : ,4'D".'14 CM , Cit Clerk