BEFORE THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS IN THE MATTER OF THE VACATION OF A RIGHT-OF-WAY IN THE CITY OF LAWRENCE, KANSAS

ORDER OF VACATION

NOW on this 10^TH day of May, 2005, 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. 12-502 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 described rights-of-way:

1. THE RIGHT-OF-WAY OF DELAWARE STREET FROM 15^TH STREET SOUTH APPROXIMATELY 383 FT.

2. DELAWARE COURT.

3. THE EAST HALF OF THE RIGHT OF WAY OF PENNSYLVANIA STREET FROM 15^TH STREET SOUTH APPROXIMATELY 600 FT. TO THE NORTH BOUNDARY LINE OF BROOKDALE ADDITION.

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

is hereby vacated provided:

1. that the Governing Body reserves a utility easement on the right-of-way of Pennsylvania Street.

2. the entire vacated right-of-way of Delaware Street reverts to the property adjacent to the right-of-way on the east side.

CITY OF LAWRENCE, KANSAS

___________________________

Dennis Highberger, Mayor

ATTEST:

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Frank S. Reeb, City Clerk