97-9794 Vac Hoffman Add(Published in The Salina Journal March 7 , 1997)
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ORDINANCE NUMBER 97-9794
AN ORDINANCE PROVIDING FOR THE VACATION OF A PART OF
THE PUBLIC RIGHT-OF-WAY ALONG THE EAST SIDE OF LOT 1, BLOCK 1,
HOFFMAN ADDITION, TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That on February 24, 1997, the governing body
conducted a public hearing on the petition of Key Mar ( "Petitioner")
requesting vacation of a part of the right-of-way south of Ninth Street,
adjacent to the east line of Lot 1, Block 1, Hoffman Addition to the City of
Salina, Saline County, Kansas, more particularly described as follows:
Beginning at the northeast corner of said Lot 1, Block 1;
Thence east along the north line of Lot 1 extended, a distance of 10
feet;
Thence southerly a distance of 332.5 feet to a point on the south
line of said Lot 1 extended, and 30 feet east of the southeast corner
of said Lot 1;
Thence west a distance of 30 feet to the southeast corner of said Lot
1;
Thence north along the east line of said Lot 1 a distance of 331.9
feet back to the Point of Beginning, containing 6,640 square feet,
more or less (the "Right -of -Way").
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) The public will suffer no loss or inconvenience thereby so long
as the Petitioner and his successors and assigns maintain a
private landscaping buffer between any private use of the
vacated Right -of -Way and the remaining public right-of-way.
(d) 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 owner of Lot 1, Block 1, Hoffman Addition to the City of Salina, Saline
County, Kansas, provided however,
(a) The City retains the vacated Right -of -Way as a utility easement;
(b) The platted restricted access shall be retained along the south
188 feet of the vacated Right -of -Way.
(c) Consistent with the finding set forth in Section 2(b) above, use
of the vacated Right -of -Way by the current or any future
owner or occupant of the vacated Right -of -Way, in perpetuity,
shall be in conformity with a written plan approved by the city
manager or the city manager's designee for the lawful use and
proper boundary landscaping of the vacated Right -of -Way.
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: February 24, 1997
Passed: March 3, 1997
[SEAL] ATTEST: Ev lyn Maxwell, Mayor
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