BEFORE THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS IN THE MATTER OF THE VACATION OF TWO EASEMENTS LOCATED IN BRIARWOOD ADDITION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS

 

ORDER OF VACATION

 

NOW on this 9th day of February 2010, the above entitled matter comes for hearing before the Governing Body of the City of Lawrence, Kansas.

 

THEREUPON, the Governing Body examines the matter, hears comments on the petition and being duly advised in the premises finds as follows, to-wit:

 

1.   The Governing Body has jurisdiction on the subject matter pursuant to K.S.A. 12-504 et seq. as amended.

 

2.   That notice of hearing of said petition and the affidavit of publication thereof are examined and found to have been duly made in strict conformity with the laws of the State of Kansas.

 

3.   That no private rights will be injured or endangered by such vacation.

 

4.   That no objection to said petition has been filed with the City Clerk at the time of or prior to the hearing.

 

5.   That the City Clerk shall certify a copy of this Order to the Register of Deeds of Douglas County, Kansas, for recording as provided by K.S.A. 12-505, as amended.

 

IT IS THEREFORE, BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, CONSIDERED AND ORDERED that the following easements:

 

A 30-FOOT WIDE STRIP OF LAND IN LOTS 7 AND 8, BLOCK ONE, IN BRIARWOOD ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:

 

THE 30’ ACCESS AND UTILITY EASEMENT IN SAID LOTS 7 AND 8 AS SHOWN ON THE RECORDED PLAT OF BRIARWOOD ADDITION RECORDED IN P15 PAGE 793 IN THE DOUGLAS COUNTY REGISTER OF DEEDS OFFICE, THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE WEST LINE OF SAID LOT 7 A DISTANCE OF 98.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 7; THENCE SOUTH 89°59’23” EAST ALONG THE NORTH LINE OF THE EXISTING ACCESS AND UTILITY EASEMENT, 49.33 FEET; THENCE SOUTH 74°57’41” EAST, 108.83 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF SAID LOT 8 A DISTANCE OF 18.32 FEET EAST OF THE WEST LINE OF PASADENA DRIVE,      

 

 and

 

A PORTION OF LOT 7, BLOCK ONE, BRIARWOOD ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE WEST LINE, 37.89  FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 00°00’21” EAST, ALONG SAID WEST LINE, 28.00 FEET; THENCE SOUTH 89°59’23” EAST, 45.37 FEET; THENCE SOUTH 74°57’41” EAST, 43.50 FEET; THENCE NORTH 89°59’23” WEST, 22.00 FEET; THENCE SOUTH 71°59’03” WEST, 54.03 FEET; THENCE NORTH 89°59’23” WEST, 14.00 FEET TO THE POINT OF BEGINNING.

 

is hereby vacated conditioned upon the rededication and recording with the Register of Deeds of Douglas County, Kansas, of a new easement allowing utility, pedestrian, and emergency access.

 

 

 

 

 

 

 

 

 

 

CITY OF LAWRENCE, KANSAS

 

 

___________________________

Robert Chestnut, Mayor

 

 

ATTEST:

 

 

______________________________

Jonathan M. Douglass, City Clerk