05-10276 Vacate Ninth St Frontage Road1
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(Published in the Salina Joumal on -r 2006)
ORDINANCE NUMBER 05-10276
AN ORDINANCE PROVIDING FOR THE VACATION OF FIFTY FEET OF
PUBLIC STREET RIGHT-OF-WAY FOR THE NORTH NINTH STREET FRONTAGE
ROAD FROM THE NORTH PROPERTY LINE OF LOT FIVE, BLOCK 1 IN THE REPLAT
OF THE INTERSTATE DISTRICT NORTH OF I-70 ADDITION NUMBER TWO TO
MONARCH ROAD IN THE REPLAT OF THE INTERSTATE DISTRICT NORTH OF I-70
ADDITION NUMBER TWO 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 May 3, 2005, the Salina City Planning Commission conducted a public
hearing on the petition filed by Trace Walker on behalf of CTM, Inc. ('Petitioner") requesting vacation
of the fifty (50) foot public street right-of-way for the North Ninth Street Frontage Road between the
Petro 2 Travel Plaza and Monarch Road adj acent to Block 1 of the Replat of the Interstate District North
of I-70 Addition No. 2 in the City of Salina, Saline County, Kansas, more particularly described as
follows:
that:
All that right-of-way for the North Ninth Street Frontage Road bounded by the
north property line of Lot 5, Block 1 in the Replat of the Interstate District North of
I-70 Addition No. 2 on the south, the west right-of-way line of Old U.S. Highway
81 on the east, the south right-of-way line of Monarch Road on the north and the
east line of Block 1 of the Replat of the Interstate District North of I-70 Addition
No. 2 on the west in the City of Salina, Saline County, Kansas
The above described right-of-way to be vacated contains forty thousand eight
hundred (40,800) square feet, more or less.
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 vacation of the right-of-way.
(c) Injustice 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 Lots 3
and 4, Block 1 in the Replat of the Interstate District North of I-70 Addition No. 2 to the City of Salina,
Saline County, Kansas, in accordance with K.S.A. 13-443, provided however that vacation of the above
described right—of-way is subject to the following conditions:
1. A portion of the vacated right-of-way shall be retained as a public utility
easement, as shown as Tract No. 1 and Tract No. 2 as depicted on the attached
Exhibit "A".
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.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, CoClerk
Introduced: May 15, 2005
Passed: November 6, 2006
e', / A2A,
Donnie D. Marrs, Mayor
EXHIBIT A
Blue Beacon International
Tract #1— Lesal Description
A tract of land lying in the Northeast Quarter (NE 1/4) of Section 35, Township 13 South,
Range 3 West of the 6 h Principal Meridian, being a part of the Frontage Road running North
and South adjoining the East line of Lots 3 and 4, Block 1, of "A Re -plat of Interstate District
North of I-70 No.2 & Un -platted Land" to the City of Salina, Saline County, Kansas, for the
use as a "Utility Easement", and being more particularly described as follows:
Commencing at the Northeast (NE) Corner of said Re -plat; thence S -00'04'15"-E, along the
East line of said Re -plat, a distance of 402.00 feet to the POINT OF BEGINNING; thence
continuing S -00'04'15"-E, a distance of 10.00 feet; thence S -89055'42"-W, a distance of
50.00 feet to the East line of said Lot 4; thence N-00°04' 15"-W along the East line of said
Lot 4, a distance of 10.00 feet; thence N -89°55'42"-E, a distance of 50.00 feet to POINT OF
BEGINNING.
The above described tract contains 0.01 acres or 500.00 square feet, more or less.
Tract #2 — Lep-al Description
A tract of land lying in the Northeast Quarter (NE 1/a) of Section 35, Township 13 South,
Range 3 West of the 6`h Principal Meridian, being a part of the Frontage Road running North
and South adjoining the East line of Lots 3 and 4, Block 1, of "A Re -plat of Interstate District
North of I-70 No.2 & Un -platted Land" to the City of Salina, Saline County, Kansas, for the
use as a "Utility Easement", and being more particularly described as follows:
Commencing at the Northeast (NE) Corner of said Re -plat; thence S -00'04'15"-E, along the
East line of said Re -plat, a distance of 476.00 feet to the POINT OF BEGINNING; thence
continuing S-00°04' 15"-E, a distance of 20.00 feet; thence S -89055'42"-W, a distance of
50.00 feet to the East line of said Lot 4; thence N-00°04' 15"-W along the East line of said
Lot 4, a distance of 20.00 feet; thence N -89°55'42"-E, a distance of 50.00 feet to POINT OF
BEGINNING.
The above described tract contains 0.02 acres or 1000.00 square feet, more or less.
I, the Undersigned, do hereby certify that I am a Registered Land
Surveyor in the State of Kansas with the firm of Bucher, Willis &
Ratliff Corporation; that the above Legal Descriptions correctly
describes the "Utility Easements" as shown on Exhibit "A" to theAKN
best of my knowledge and belief.
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Dae L. Kneubuhl, RLS Date
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EXHIBIT "A"
LEGAL DESCRIPTION
Trod +l-{Ittity Eawnwe
BLUE BEACON TRUCK WASH
A tract of land lying in the Northeast Quarter (NE 4) Section 35,
Township /3 South, Range 3 West of the 6th Principal Meridian, being a
PROJECT: BLUE 9EACON
port of the Frontage Road running North and South adjaning the East
PROJECT N0.: 20050327.02
line of Lots 3 and 4. Block I, of 'A Re -plat of Interstate District
L 0 T 3
North of 1-70 Na.2 & Un -platted Lore to the City of Salina, Saline
BLOCK 1
County, Kansasfor the use as o 'Utility Easement', and being more
particularly described as follows:
Commencing of the Northeast (NE) Corner of said Re -plat, thence
S-OO'M15'-E,
L 0 T 4
BLOCK 1
along the East line of said Re -plot, a distance of
402.00 feet to the POINT OF BEGINNING, thence coning
S -00'04'/5'-E, a distance of 10.00 feet, thence S -8755'42' -WW, o
distance of 50.00 feet to the East line of sold Lot 4. thence
N -00'04'15'-N along the East line of said Lot 4, a distance of
10.00 feet. thence N -89'55'42-E, a distance of 50.00 feet to POINT
OF BEGINNING.
The above described tract contains 0.01 acres or 500.00 square feet.
more or less.
Tract +2-Utlity Easement
A tract of land lying in the Northeast Ouorter (NE%4) of Section 35,
Township 13 South, Range 3 West of the 6th Principal Meridian, being a
part of the Frontage Rood running North and South adjoining the East
line of Los 3 and 4, Block 1, of 'A Re -plot of Interstate District
North Of 1-70 N0.2 & Un -plotted Lord' to the City of Salina, Saline
County, Kansas, for the use as a 'Utility Easement', and being more
portiou/arty described as follows:
Commencing at the Northeast (NE) Corner of said Re -plot. thence
s-OOD4'I5'-E, along the East line or said R"at, a distance of
476.00 feet to the POINT OF BEGINNING. thence continuing
S -00'04'/5'-E. a distance of 20.00 feet; thence S -89'55'42'-W, o
distance of 50.00 feet to the East line of said Lot 4: thence
N-OOt74'15'-W along the East line of said Lot 4, a distance of
20.00 feet: thence N -89'55'42'-E. a distance of 50.00 feet to POINT
OF BEGINNING.
The above described tract contains 0.02 acres or 1000.00 square feet,
more or less.
LEGEND
• Found %'80r & BWR Cop o Lo Corner.
Found %' Bar & BWR Cap 0 Plot Corner.
(Unless otherwise noted)
C Set Temporary Pant.
(M) Measured this Survey.
(R) Record Measurement on Plot.
Plat Boundary Line.
--- 25'Building Set -Bock Line.
— — — — — • Proposed Easement Line.
Lo Line.
CERTIFICATION
State of Kansas )
SS
County of Saline )
1, the Undersigned, do hereby certify that I am a Registered Land Surveyor
in the state of Kansas with the firm of BUCHER, WILLIS & RATLIFF
CORPORATION, that the above Legal Descriptions correctly describes the
Util(ly Easements as shown. and that all of the monuments shown herein
oduolly exist and their positions are correctly shown to the best of ay
knowledge and belief.
This Survey was completed on May 25, 2005 and does not certify easements
or n ership.
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DAVE L. KNEUBUHL, RLS DATE
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SURVEY NOTES
1) Basis Of Bearings - S-OOV4'15'-E along the East
Line of 'A Re -plat of Interstate District North of
1-70 No. 2 & Unplatted Land to the City of Salina.
2) Found Monuments shown are as of l l -24-04.
3) All Distances shown are Measured unless otherwise
noted.
4) All Bearings shown are Measured unless otherwise
noted.
12
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SHEET 1 OF 1
BLUE BEACON TRUCK WASH
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SURVEY
DEPARTMENT
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PROJECT: BLUE 9EACON
FILE: eel Utility Esmt.dgn
PROJECT N0.: 20050327.02
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UTILITY EASEMENTS IN FRONTAGE ROAD, REPLAT
OF INTERSTATE DISTRICT NORTH OF 1-70 NO. 2
DRAWN BY: DLK
CHECKED 81': DLR
DATE: May 25, 2005