HomeMy Public PortalAboutOrd 581 Vacating Utility Easement(First published in The Ark valley News on october g, 2015)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO.5E1
AN ORDINANCE VACATING 45' OF AN EXISTING UTILITY
EASEMENT ON CERTAIN PROPERTY LOCATED WITHIN THE
CORPORATE CITY LIMITS OF THE CITY OF BEL AIRE, KANSAS.
WHERBAS, The property owner has submitted an application to petition for the vacation of
THE WEST FORTY-FIVE' (45') FEET PORTION ONLY, TO THE POINT OF
INTERSECTING THE WEST SIDE OF THE TWENTY FOOT (20') WIDE SW BELL
TELEPHONE EASEMENT PER MISC. BOOK 303 PAGE 254, OF A PLATTED TEN (10)
Foor WIDE UTILITY EASEMENT LYING WITHIN Lors z and,3 oF BLocK G IN
AURORA PARK ADDITION, BEL AIRE, SEDGWICK COUNTY, KANSAS in accordance
with the standards set forth in Chapter 5 of the Bel Aire ZoningCode., and K.S.A. 12-504 and
12-505.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE, KANSAS:
SECTION 1. The City Council, after being duly and fully informed as to fully understand the
true nature of this petition and the propriety of granting the same, makes the following findings:
l.That due and legal notice has been given by publication as required by law, by
publication in The Ark Valley News on July 23, which was at least 20 days prior
to the public hearing.
No private rights will be injured or endangered by the vacation of the above-
described platted complete access control, and the public will suffer no loss or
inconvenience thereby.
In justice to the petition(s), the prayer of the petition ought to be granted.
No written objection to said vacation has been filed with the City Clerk by an
owner or adjoining owner who would be a property party to the petition.
SECTION 2. The vacation of the platted complete access control described herein is hereby
approved.
SECTION 3: This order approving this requested vacation reserves to the city and the owners
2.
3.
4.
of any lesser property rights for public utilities, rights-of-ways and easements for public service
facilities originally held in such plat, street, alley, easement or public reservation in existence and
use as of the day upon which this Ordinance is approved.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. This Ordinance shall take effect and be in force from and after it has been
published in summary form in the official city newspaper in compliance with State Statute.
Passed by the City Council this 6th day of October, 2015.
Approved by the Mayor this 6th day of October, 2015.
DAVID AUSTIN. MAYOR
ATTEST:
SEAL