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.
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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.
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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.
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