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95-9693 Vac Oakdale Add(Published in The Salina Journal June /7, 1995) ORDINANCE NUMBER 95-9693 AN ORDINANCE PROVIDING FOR THE VACATION OF CERTAIN STREET RIGHT-OF-WAY AND THE RETENTION OF A UTILITY EASEMENT ON SMOKY HILL DRIVE IN OAKDALE ADDITION, ADJACENT TO LOT THIRTEEN (13), BLOCK TWELVE (12), OF THE CITY OF SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the right-of-way for Smoky Hill Drive, adjacent to said Lot Thirteen (13), Block Twelve (12), Oakdale Addition from the West line of Lot Thirteen (13), to the West right-of-way line of Columbia Avenue in the City of Salina, Saline County, Kansas (the "Vacated Street Right-of-way"), is hereby vacated. The Vacated Street Right-of-way is legally described as follows: All of that portion of right-of-way designated for Smoky Hill Drive 1 ing West of the West line of Columbia Avenue extended and East of the East line extended of the twenty (20) foot alley which runs North-South through the middle of block Twelve (12) of Oakdale Addition, in the City of Salina, Saline Count Kansas said right-of-way extends from the South line of Lot Thirteen (13), Block 'Twelve (12) South to the high bank of the old Smoky Hill River Channel, and is more particularly described as follows: Beginning at an iron pin marking the Southeast corner of Lot Thirteen (13), said point being sixteen and forty-three hundredths (16.43) feet South of the Northeast corner of said Lot Thirteen (13); Thence South along the West line of Columbia Ave. extended, a distance of eighty-two and forty hundredths (82.40) feet to the high bank of the Old Smoky Hill River Channel; Thence Southwesterly along said high bank a distance of one hundred seventy-six and twenty-eight hundredths (T76.28) feet to a point on the East line extended of the North-South alley in Block Twelve (12), Oakdale Addition; Thence North along said east line extended a distance of one hundred nine and forty hundredths (109.40 feet to an iron in marking the Southwest corner of Lot Thirteen (13) and forty-seven andfortyhundredths (47.40) feet South of the Northwest corner thereof, Thence Northeasterly along the South line of said Lot Thirteen (13) a distance of one hundred sixty-nine and two hundredths (169.02) feet back to the Point of Beginning. The above described tract of land contains fifteen thousand eight hundred ninety-eight (15,898) square feet or thirty-six hundredths (0.36) acres, more or less. Section 2. That a portion of the Vacated Street Right-of-way shall be retained as a utility easement (the "Retained Utility Easement"). The Retained Utility Easement is legally described as follows: Beginning at the Southeast corner of Lot Thirteen (13) which is the Northeast corner of the above described tract- Thence South along the West line of Columbia Ave. extended, a distance o?thirteen and twenty-three hundredths (13.23) feet; Thence Southwesterly a distance of one hundred seventy-nine and sixty-one hundredths 179.61) feet to a point on the West line of the above describedtractand five and twenty-seven hundredths (5.27) feet North of the Southwest corner thereof, Thence North along said West line a distance of twenty-one and sixty-seven hundredths (21.67) feet; Thence Northeasterly a distance of one hundred thirty-seven and seventy-six hundredths (13 7.76) feet to a point on the South line of Lot Thirteen (13); Thence Northeaster%y along the South line of Lot Thirteen (13) a distance of thirty-nine and thirty-eight hundredths (39.38) feet back to the Point of Beginning. The above described easement contains three thousand four hundred twenty nine (3,429) square feet or eight hundredths (0.08) acres, more or less. Section 3. That the North half (N 1/2) of the Vacated Street Right -of -Way shall revert to the ownership of Lot Thirteen (13), Block Twelve (12), Oakdale Addition, in accordance with K.S.A. 13-443 subject to the Retained Utility Easement. The North half (N 1/2) of the Vacated Street Right -of -Way is legally described as follows: Beginning at an iron pin marking the Southeast corner of Lot Thirteen 13), Block Twelve (12) Oakdale Addition, said point being sixteen and fort -three hundredths (16.43) ?eet South of the Northeast corner of said Lot Thirteen �3); Thence South along the West line of Columbia Ave. extended, a distance of forty-one and twenty hundredths (41.20) feet; Thence Southwesterly a distance of one hundred seventy-two and sixteen hundredths (172.16) feet to a point on the East line extended of the North-South alley in said Block Twelve; Thence North along said East line extended a distance of fifty-four and seventy hundredths (54.70) feet to an iron pin marking the Southwest corner of Lot Thirteen (13) and forty-seven and forty hundredths (47.40) feet South of the Northwest corner thereof, Thence Northeasterly along the South line of said Lot Thirteen (13) a distance of one hundred sixty-nine and two hundredths (169.02) feet back to the Point of Beginning. The above described tract of land contains seven thousand nine hundred forty-nine (7,949) square feet or eighteen hundredths (0.18) acres, more or less. Section 4. The South half (S 1/2) of the Vacated Street Right -of -Way shall revert to the City of Salina, Kansas, in accordance with K.S.A. 13-443. The South half (S 1/2) of the Vacated Street Right -of -Way is legally described as follows: Beginning at a point on the West line of Columbia Ave, extended said point being forty-one and twenty hundredths (41.20) feet South of the Southeast corner of Lot Thirteen (13), Block Twelve (12), Oakdale Addition; Thence South along the West line of Columbia Ave. extended a distance of forty-one and twenty hundredths (41.20) feet to the high bank of the Old Smoky Hill River Channel; Thence Southwesterly along said high bank a distance of one hundred seventy-six and twenty-eight hundredths (176.28) feet to a point on the East line extended of the North-South alley in said Block Twelve (12).- Thence 12);Thence North along said East line extended a distance of fifty-four and seventy hundredths (54.70 feet; Thence Northeasterly a distance of one hundred seventy-two and sixteen hundredths (172.16) feet back to the Point of Beginning. The above described tract of land contains seven thousand nine hundred forty-nine (7949) square feet or eighteen hundredths (0.18) acres, more or less. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: May 22, 1995 Passed: June 5, 1995 John Divine, Mayor ATALI EST: �Q_ udy . L g, City Cler