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HomeMy Public PortalAboutOrd 244 Vacate Esmt-45th N. (Published in the Ark Valley News on the day of May, 1994) CITY OF BEL AIRE, KANSAS ORDINANCE NO. ~ A ORDINANCE CONCERNING THE VACATION OF A UTILITY EASEMENT GENERALLY LOCATED NORTH OF 45TH STREET NORTH, BETWEEN OLIVER AND WOODLAWN, WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL AIRE, KANSAS. WHEREAS, the provisions of K.S.A. 12-504 et seq. empowers the Governing Body of the City of Bel Aire, Kansas to vacate a utility easement located within the corporate limits of the City of Bel Aire, Kansas upon a proper petition and showing that no private rights will be injured or endangered by such vacation and the public will suffer no loss or inconvenience by such vacation; and WHEREAS, the Governing Body of the City of Bel Aire, Kansas, pursuant to the provisions of K.S.A. 12-504 et seq., gave proper notice and conducted a public hearing at 7:15 p.m. on the 17th day of May, 1994 at the Bel Aire City Hall, 4551 N. Auburn, Bel Aire, Kansas to determine whether the 20-foot utility easement described as the North 20 feet of Lot 1 and the North 20 feet of Lot 2, Sunrise Bible Chapel Addition, Bel Aire, Sedgwick County, Kansas should be vacated; and WHEREAS, after hearing all statements and receiving all evidence, the Governing Body of the City of Bel Aire, Kansas finds: 1. The Petitioner owns all of the real property adjacent to and abutting the Tract. 2. No private rights will be injured or endangered by such vacation. 3. The public will suffer no loss or inconvenience by such vacation. 4. The only utility occupying the easement has agreed to discontinue use of the easement. 5. The vacation is necessary for the Petitioner's development of the adjacent property. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section I. utility Easement Vacated The following described 20-foot utility easement, located within the corporate limits of the City of Bel Aire, Kansas is hereby vacated, to-wit: The North 20 feet of Lot 1 and the North 20 feet of Lot 2, Sunrise Bible Chapel Addition, Bel Aire, Sedgwick County, Kansas. Section 2. Certified Copy The City Clerk shall certify a copy of this ordinance to the Sedgwick County Registrar of Deeds. Section 3. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Council this 17th day of May, 1994. Approved by the Mayor this 17th day of May, 1994. r' to:: r i ?"" O~ '"" <.. \~ ': '''' .-~..\ /~--, /..... - '! " ...~. "r",1 t r C) I, ':(r'/ vI (\ ',' '(. \ , !II:; h' I , " ;' ,..,.. It.:. ~ ... ,", ..... '~: ; , .. ; ~ I IT'~) t"T y 1 f ~~ 16J \' ,1.>1, 1-' ...... '....( \~,""';""""""'t {~.; J ,~-:'. r. " ~, ' I" "\-. r- ." ~"~ \:'W 11\ 1\ '. J ' . ,j I I", '. I T"s n) r . < ) ATT~~~l: ',..' ~ ", <.; t ~ '" ! ,~~~ !::t/ # SHERRYL L. CUTTER PtM 1 t~ 5 2 PAGE' 8? 9 (Published in the Ark valley News on the ____ day of May, 1994) CITY OF BEL AIRE, KANSAS ORDINANCE NO. .:l. If '-I A ORDINANCE CONCERNING THE VACATION OF A UTILITY EASEMENT GENERALLY LOCATED NORTH OF 45TH STREET NORTH, BETWEEN OLIVER AND WOODLAWN, WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL AIRE, KANSAS. WHEREAS, the provisions of K.S.A. 12-504 et seg. empowers the Governing Body of the City of Bel Aire, Kansas to vacate a utility easement located within the corporate limits of the City of Bel Aire, Kansas upon a proper petition and showing that no private rights will be injured or endangered by such vacation and the public will suffer no loss or inconvenience by such vacation; and WHEREAS, the Governing Body of the City of Bel Aire, Kansas, pursuant to the provisions of K.S.A. 12-504 et seg., gave proper notice and conducted a public hearing at 7:15 p.m. on the 17th day of May, 1994 at the Bel Aire City Hall, 4551 N. Auburn, Bel Aire, Kansas to determine whether the 20-foot utility easement described as the North 20 feet of Lot I and the North 20 feet of Lot 2, Sunrise Bible Chapel Addition, Bel Aire, Sedgwick County, Kansas should be vacated; and WHEREAS, after hearing all statements and receiving all evidence, the Governing Body of the City of Bel Aire, Kansas finds: 1. The Petitioner owns all of the real property adjacent to and abutting the Tract. No private rights will be injured or endangered by such vacation. The public will suffer no loss or inconvenience by such vacation. The only utility occupying the easement has agreed to discontinue use of the easement. The vacation is necessary for the Petitioner t s development of the adjacent property. 2. 3. 4. 5. ~\-\ o ~ ~~.s \h0 -<;S5/ ~ ~ 67;2;J.D flUI , 4 5 2 PI~ GE I 8 3 0 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. utility Easement Vacated The following described 20-foot utility easement, located within the corporate limits of the City of Bel Aire, Kansas is hereby vacated, to-wit: The North 20 feet of Lot I and the North 20 feet of Lot 2, Sunrise Bible Chapel Addition, Bel Aire, Sedgwick County, Kansas. Section 2. Certified Copy The City Clerk shall certify a copy of this ordinance to the Sedgwick County Registrar of Deeds. Section 3. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Council this 17th day of May, 1994. Approved by the Mayor this 17th day of May, 1994. ,- t r' i ," .~"'\ 'r~ ,,-Ot /~ I . fr','(~"'r.:,_,.. . ->' V r . t. , ,{ ~' \;l.. , (I" ,; I ( ~~f ~1 ~ ,[\.., _{ \~ rtf~' ;;::' "L, ,\ ",. \i';I._.'. r'~ '~I '" \. ( '::> '..._,_--- ClrrH "I . -~ \}~;...--r j,: ! j f Ii I' ::-: ~,\"U Rdji~r 'p' /~: ~'JO "" , T " FiST :. / " .r.J: " . \.) A~.r,.:t.E:ST:..-, '~';. , -- .' ".'r-:';' ;.', ,< I, { , ': \ '\ \ ~<(;,<;) _dO~~O'i'O ~~~~v NO. PA T KETTi.En REGISTER OF D~;~D;J ,i ':1 / 'fI'. ~::"'~l tJf.1=J/.rwiJ , ,,1Z; r!':.," "Jbrttva