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05-10276 Vacate Ninth St Frontage Road1 1 1 1 ` DVP,1'yl6Zr (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. 4% v�,��GENSF 1412 Dae L. Kneubuhl, RLS Date �i��y�ti;ANSP`? �OQ,,,`. ,fill 1itlE 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. n DAVE L. KNEUBUHL, RLS DATE � � 3 N c .0 r- O M O z F o N cr o v O U'1 m P. D. e. Q TRACT 50.00' N8_9•_5_5' 42'E TRACT al p 50.00' o S89.55'42'M O 0 0 LD cko 50.00' N89.55'420E O1 0 TRACT 82 N 50.00 S89.55'42'w O Q O cr W ;n C7 OD N Q ~ o F— OD M Z N O M LL 0 0 0 N V) c� z Crt a to _- _- w M___ v O CD U- o0r O .;': N O N N tn�0 N a m P. 0.8. 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 ���Cyy.;�fgNSAS ypQ-; SUR1 SHEET 1 OF 1 BLUE BEACON TRUCK WASH I=NXW% `"g`W'FF rtvgtniiora 09 IESr MWH SrREEr SAUNA,KANSAS JV4W -o SURVEY DEPARTMENT If PROJECT: BLUE 9EACON FILE: eel Utility Esmt.dgn PROJECT N0.: 20050327.02 n N 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