HomeMy Public PortalAboutOrd 471 Drainage Reserve
(First Published in the ;l"J! (}wlkv J1)etdS
on the ..2.J2!... day of M}u_ : 2008.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 471
AN ORDINANCE VACATING A PORTION OF AN
EXISTING DRAINAGE RESERVE ACROSS CERTAIN
REAL PROPERTY WITHIN THE CORPORATE LIMITS OF
THE CITY OF BEL AIRE, KANSAS.
WHEREAS, there is a drainage reserve across a part of the Reserve in
Northfork, an addition to Bel Aire, Sedgwick County, Kansas, described as: Beginning at
the Southeast corner of Lot 1, Block 3, Northfork Addition to Bel Aire; thence
N30059'29''W, 238.62 feet to the Northeast corner of said Lot; thence N89047'00"W,
37.43 feet to the Northwest corner of said Lot; thence NOooOO'OO"E, 25 feet along the
west line of said Reserve; thence N90000'OO"E, 85 feet; thence S32008'48"E, 184.25
feet; thence S03042'30"E, 60 feet to the North right-of-way line of the Mo-Pac Railroad;
thence S62032'55"W, 30 feet along said right of way to the Point of Beginning, generally
located at 4100 N. Woodlawn Blvd., Bel Aire, Sedgwick County, Kansas;
WHEREAS, based upon an engineering determination that the drainage reserve
across the herein described part of the Reserve in Northfork, an addition to Bel Aire,
Sedgwick County, Kansas may be vacated to accommodate expansion of the animal
clinic facilities located at 4100 N. Woodlawn Blvd., Bel Aire, Kansas, the owner of the
herein described real property has filed with the City of Bel Aire, Kansas a petition,
pursuant to K.S.A. 12-504, requesting the vacation of the drainage reserve across the
herein described part of the Reserve in Northfork, an addition to Bel Aire, Sedgwick
County, Kansas;
WHEREAS, notice of an October 16, 2008 public hearing on said petition by the
Planning Commission of the City of Bel Aire, Kansas was published in the official city
newspaper on September 25, 2008, pursuant to the provisions of K.S.A. 12-504 and
mailed on September 23. 2008 to all owners of record of lands, within the corporate
limits of the City of Bel Aire, located within 200 feet of the proposed vacation and
outside the corporate limits of the City of Bel Aire, located within 1,000 feet of the
proposed vacation;
WHEREAS, said petition was placed, for public hearing, discussion and
recommendation, upon the agenda of the Bel Aire Planning Commission;
WHEREAS, no written objection to said petition has been filed with the Bel Aire
City Clerk, pursuant to the provisions of K.S.A. 12-505; and
WHEREAS, the Planning Commission of the City of Bel Aire, Kansas conducted
a public hearing on said petition on October 16, 2008 and the Bel Aire Planning
Commission, based upon its subsequent discussion, voted to recommend approval of
said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF BEL AIRE, KANSAS:
Section 1. FindinQs
The Governing Body of the City of Bel Aire, Kansas finds that:
due and legal notice of an October 16, 2008 public hearing on said petition
by the Planning Commission of the City of Bel Aire, Kansas was published
in the official city newspaper on September 25, 2008, pursuant to the
provisions of K.S.A. 12-504 and mailed on September 23, 2008 to all
owners of record of lands, within the corporate limits of the City of Bel
Aire, located within 200 feet of the proposed vacation and outside the
corporate limits of the City of Bel Aire, located within 1,000 feet of the
proposed vacation;
no written objection to said petition has been filed with the Bel Aire City
Clerk, pursuant to the provisions of K.S.A. 12-505;
the Planning Commission of the City of Bel Aire, Kansas conducted a
public hearing on said petition on October 16, 2008 and the Bel Aire
Planning Commission, based upon its subsequent discussion, voted to
recommend approval of said petition;
no private rights will be injured or endangered by the vacation of the
drainage reserve across the herein described part of the Reserve in
Northfork, an addition to Bel Aire, Sedgwick County, Kansas;
the public will suffer no loss or inconvenience by the vacation of the
drainage reserve across the herein described part of the Reserve in
Northfork, an addition to Bel Aire, Sedgwick County, Kansas; and
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in justice to the petitioning owner of said property, the drainage reserve
across the herein described part of the Reserve in Northfork, an addition
to Bel Aire, Sedgwick County, Kansas, ought to be vacated.
Section 2. Vacation
The drainage reserve across a part of the Reserve in Northfork, an addition to
Bel Aire, Sedgwick County, Kansas, described as: Beginning at the Southeast corner of
Lot 1, Block 3, Northfork Addition to Bel Aire; thence N30059'29"W, 238.62 feet to the
Northeast corner of said Lot; thence N89047'00"W, 37.43 feet to the Northwest corner of
said Lot; thence NOooOO'OO"E, 25 feet along the west line of said Reserve; thence
N90000'OO"E, 85 feet; thence S32008'48"E, 184.25 feet; thence S03042'30"E, 60 feet to
the North right-of-way line of the Mo-Pac Railroad; thence S62032'55"W, 30 feet along
said right of way to the Point of Beginning, generally located at 4100 N. Woodlawn
Blvd., Bel Aire, Sedgwick County, Kansas, is hereby vacated.
Section 3. Order of Vacation
This Ordinance shall function as an Order of Vacation, pursuant to the provisions
of K.S.A. 12-505.
Section 4. 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 18th day of November, 2008.
Approved by the Mayor this 18th day of Novmeber, 2008.
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SEAL
ATTEST:
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CITY CLERK, VICKI RADFORD
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