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Journal-World classified (published 04/11/2012)

(Published in the Shawnee
Dispatch, Wednesday, April
4, 2012)

CITY OF SHAWNEE

ORDINANCE NO. 3018

AN ORDINANCE VACATING
PUBLIC UTILITY EASEMENTS
AND A COMBINED PUBLIC
UTILITY AND DRAINAGE
EASEMENT IN SECTIONS 1
AND 12, TOWNSHIP 12
SOUTH, RANGE 23 EAST, IN
THE CITY OF SHAWNEE,
JOHNSON COUNTY, KANSAS, AND IN PORTIONS OF
LOTS 1 - 4, STINSON ESTATES, A SUBDIVISION OF
LAND IN THE CITY OF
SHAWNEE, JOHNSON
COUNTY, KANSAS.

WHEREAS, the City of
Shawnee, Kansas has the
authority under the Constitution and laws of the State
of Kansas, including Article
XII, Section 5, of the Constitution, K.S.A. 12-504 et seq.,
and K.S.A. 13-443 to vacate
plats, subdivisions and additions to the City or portions thereof, and to vacate
public rights-of-way, easements and other public reservation such as, but not
limited to dedicated building setback lines and access control, or a part
thereof; and

WHEREAS, the Governing
Body was presented a petition (SAV-12-001) praying
for the vacation of public
utility easements and a
public utility and drainage
easement, the property
fully described in Section 1
of this Ordinance, which
petition is signed by the
owners of land adjoining
the said easements; and

WHEREAS, notice of petition and public hearing on
the requested vacation was
mailed on February 21,
2012, to all known owners
of lesser property rights for
public utilities, concerning
whether a public utility
easement would need to be
retained for public service
facilities originally held in
such easement then in existence and use; and

WHEREAS, notice of public
hearing on the requested
vacation was published in
an official newspaper of
the City on February 29,
2012, more than twenty (20)
days in advance of the public hearing; and

WHEREAS, the public hearing on the requested vacation was first held by the
Governing Body at its meeting on March 26, 2012, as
provided in the notice; and

WHEREAS, no written objections were received by
the Governing Body either
before or at the public
hearing; and

WHEREAS, after hearing
such testimony as produced before it and such
other testimony as required to fully understand
the true nature of the petition and considering the
propriety of granting the
vacation of the easements,
as fully described in Section 1 of this Ordinance, the
Governing Body finds and
determines that the required notice has been
given for the public hearing, that no private rights
will be injured or endanger
by such vacation, that the
public will suffer no loss or
inconvenience by such vacation, and that in justice to
the petitioner(s) the vacation should be granted.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING
BODY OF THE CITY OF
SHAWNEE, KANSAS, THAT:

Section 1. The following described easements are
hereby ordered vacated
pursuant to the above-cited
authority:

A permanent public utility
easement reserved to the
City of Shawnee, Kansas,
and to all public utility
companies duly licensed to
do business in said City,
over that portion of Locust
Street (also known as Locust Road and formerly
known as Ogden Road), vacated by City of Shawnee
Ordinance No. 2645
(recorded in Book 9077 at
Page 623), situated in Sections 1 and 12, Township 12
South, Range 23 East, in the
City of Shawnee, Johnson
County, Kansas, said easement being 40 feet in width
and having a centerline
more particularly described as follows: Beginning at the intersection of
the West line of the Northeast Quarter of said Section
1 with the South
right-of-way line of Holliday Drive (formerly known
as Jefferson Street), as now
established; thence South
02 degrees, 42 minutes, 58
seconds East along said
West line, a distance of
833.20 feet to the Center of
said Section 1; thence
South 02 degrees, 12 minutes, 09 seconds East along
the West line of the Southeast Quarter of said Section
1, a distance of 344.26 feet;
thence South 26 degrees, 36
minutes, 01 seconds East, a
distance of 475.20 feet;
thence South 08 degrees, 23
minutes, 59 seconds West,
a distance of 233.38 feet;
thence Southwesterly, a
distance of 131.80 feet;
thence Southwesterly, a
distance of 130.46 feet to a
point of the West line of the
Southeast Quarter of said
Section 1; thence South 02
degrees, 12 minutes, 09
seconds East along said
West line, a distance of
71.80 feet to the Southwest
Corner of the Northwest
Quarter of said Southeast
Quarter; thence continuing
South 02 degrees, 12 minutes, 09 seconds East along
said West line, a distance
of 1320 feet to the South
Quarter Corner of said Section 1; thence South along
the East line of the Northwest Quarter of said Section 12, a distance of 880
feet to the Southeast corner of the North 20 acres of
the East 60 acres of said
Northwest Quarter, being
the point of termination.

And

All of the platted utility
easements within Lots 1, 2,
and 3, STINSON ESTATES, a
subdivision of land in the
City of Shawnee, Kansas,
excepting those easements
in South 496.52 feet thereof.

And

All of the platted utility
easements within Lot 4,
STINSON ESTATES, a subdivision of land in the City of
Shawnee, Kansas, excepting those easements in
South 529.34 feet thereof.

And

A drainage and utility easement retained by the City
of Shawnee, Kansas, that
portion of Cole Street
(formally known as Main
Street), vacated by City of
Shawnee Ordinance No.
1252 (recorded in Volume
1163 at Page 516 and in Volume 1159 at Page 474), situated in the vacated original
Town of WASECA, Johnson
County, Kansas, said easement being more particularly described as follows:
The West 10 feet of said
Cole Street commencing 20
feet South of the South
right-of-way line of now vacated Holliday Drive
(formerly known as Jefferson Street), and ending 10
feet North of the North
right-of-way line of now vacated 50th Street (formerly
known as Garnett Street).

Section 2. This Ordinance
shall take effect upon publication in an official City
newspaper.

Section 3. The City Clerk
shall immediately upon
publication of this Ordinance file a certified copy
hereof with the Johnson
County Department of Records and Tax Administration.

PASSED by the Governing
Body this 26th day of March
2012.

APPROVED AND SIGNED by
the Mayor this 26th day of
March 2012.

/s/ Jeff Meyers
Jeff Meyers, Mayor

ATTEST:
/s/ Keith D. Campbell
Keith D. Campbell,
City Clerk

APPROVED AS TO FORM:
/s/ Marvin E. Rainey
Marvin E. Rainey,
City Attorney
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