BEFORE THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS

IN THE MATTER OF THE VACATION OF A RIGHTS OF WAY IN THE

CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS

AMENDED ORDER OF VACATION

NOW on this 22nd day of May, 2012, the above-entitled matter comes before the Governing Body of the City of Lawrence, Kansas.

THEREUPON, the Governing Body, having examined the matter and being duly advised in the premises, finds as follows, to-wit:

1.         On May 10, 2005, after holding a public hearing and following all procedural requirements of K.S.A. 12-504 et seq., the Governing Body ordered the vacation of certain rights of way in the City of Lawrence, Douglas County, Kansas.

2.         That Order of Vacation was filed with the Office of the Register of Deeds of Douglas County, Kansas, on May 12, 2005, in Book 986, Page 1918.

3.         Recently, it was discovered that a clerical error appears on the face of the May 10, 2005, Order of Vacation.

4.         The purpose of this Amended Order of Vacation is to correct that clerical error.

5.         The City Clerk shall certify a copy of this Amended Order of Vacation to the Register of Deeds of Douglas County, Kansas, for recording as provided at K.S.A. 12-505(c).

IT IS, THEREFORE, BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, ORDERED THAT THE FOLLOWING DESCRIBED RIGHTS OF WAY:

1.         THE RIGHT OF WAY OF DELAWARE STREET FROM 15TH STREET SOUTH APPROXIMATELY 383 FEET;

2.         DELAWARE COURT; AND

3.         THE EAST HALF OF THE RIGHT OF WAY OF PENNSYLVANIA STREET FROM 15TH STREET SOUTH APPROXIMATELY 600 FEET TO THE NORTH BOUNDARY LINE OF BROOKDALE EDITION;

ALL RECORDED AS THE PLAT OF TURNEY ADDITION, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, FILED AND ENTERED IN VOLUME D-6, PAGE 17, OCTOBER 22, 1959,

ARE HEREBY VACATED, PROVIDED:

1.         THAT THE GOVERNING BODY RESERVES A UTILITY EASEMENT ON THE RIGHT OF WAY OF PENNSYLVANIA STREET; AND

2.         THE ENTIRE VACATED RIGHT OF WAY OF DELAWARE STREET SHALL REVERT TO THE PROPERTY ADJACENT TO THAT RIGHT OF WAY ON THE WEST SIDE;

AND, THE ORDER OF VACATION, FILED MAY 12, 2005, AND RECORDED WITH THE OFFICE OF THE REGISTER OF DEEDS OF DOUGLAS COUNTY, KANSAS, IN BOOK 986, PAGE 1918, IS HEREBY REPEALED AND RESCINDED.

CITY OF LAWRENCE, KANSAS ATTEST:

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Robert J. Schumm, Mayor                                             Jonathan M. Douglass, City Clerk