7.1 Annex E Schilling Road CITY OF SALINA
REQUEST FOR COMMISS~N ACTION DATE TIME
9/27/93 4:~ P.M.
AGENDA SECTION: Development O~GINA~NG DEPARTMENT: APPROVED FOR
NO. AGENDA:
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PLANNING & DEVELOPMENT
ITEM: ~ ~
NO. 1 BY: Roy Dudark BY:
Item
Consider annexation of the south half of Schilling Road from
Ninth Street east to the railroad tracks.
Background
The Saline County Commission has requested that the City of
Salina annex the south half of Schilling Road from Ninth Street
to the railroad tracks (see enclosed map). This 60 foot wide by
one-half mile long strip of land was acquired by Saline County
for road right-of-way purposes. Annexation is being requested so
that complete responsibility for the maintenance of this section
of Schilling Road can be transferred to the city.
Presently the city limits extends along the centerline of
Schilling Road except for a small part of the south side near
Ninth Street (see enclosed map). As you know, Schilling Road was
recently reconstructed to city standards from Ninth Street east
to the dividing line between Matlock-Johnson Addition (Sam's
Club) and Tasker Addition. The remaining section east to the
railroad tracks (1,028 feet) is surfaced with light asphalt and
will need to be reconstructed in the near future. Prior to this,
maintenance would be performed by City General Services.
Staff thinking regarding the reconstruction of this section of
Schilling Road involves the participation of the adjacent
property owners. The developers of Tasker Addition and Bergkamp
Addition have signed and recorded a restrictive covenant agreeing
not to protest a special assessment district allocating one-half
of the cost to reconstruct Schilling Road to city residential
street standards abutting these subdivisions. There are two
additional land owners which would have frontage on this
section. Because the benefit district would include land outside
the city, the approval of Saline County is required. The Saline
COMMISSION AC~ON
MOTION BY SECOND BY
THAT:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
q/27~ q3 4:~ P.M.
AGENDA SECTION: O~GINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM: PLANNING & DEVELOPMEN~
NO.
BY: Roy Dudark BY:
County Commission has consented to such a district (see enclosed
letter). Any extra width or thickness of pavement needed above a
standard residential street would be the responsibility of the
city-at-large. In regards to the timing, it may be logical to
reconstruct this road when phase II of Tasker Addition is
developed which will involve connecting Ray Avenue to Schilling
Road.
Recommended Action
Approve the attached annexation ordinance.
/pd
Enclosures: Letter from Michael J. White dated 9/7/93
Annexation Ordinance #93-9599
Location Map
COMMISSION AC~ON
MOTION BY SECOND BY
THAT:
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ADDISON
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UNPLATTED WACO ADDITION UNPLATTED BERGKAMP ADDIT
IlIIIIIlI EXISTING CITY LIMITS
1////~ AREA REQUESTED TO BE ANNEXED ~.~
SA L I N E C O U N TY
First District
Board Meetings -- Monday, Tuesday, Wednesday
Meeting Room 209 -- Office Room 211 -- 300 W. Ash Gary L. Hindman
Salina, Kansas 67401-2396 Second District
Phone (913) 826.6540 Gene Revels
!:' Phone (913) 826-6541 Third District
FAX: (913) 826-6629
September 7, 1993
Roy Dudark, Director
City of Salina Planning and
Community Development Department
300 W. Ash
Salina, KS 67401
Dear Mr. Dudark:
Saline County has obtained, by deed and plat, a 60-foot strip of
land south of the section line along E. Schilling Road between S.
Ninth Street and the railroad tracks. It is our intent that this
one-half mile section be annexed into the City of Salina and that
roadway maintenance responsibility be transferred to the City.
The attached property description (Attachment "A") describes the
land included in our annexation request. A map of the subject
property is also attached (Attachment "B").
The property was transferred by four separate documents. Starting
from S. Ninth Street, the tracts were obtained by the following
means:
Tract I (Miller tract): Deeded to the public
Tract 2 (Waco tract): Dedicated by plat to the public
Tract 3 (Johnson tract): Deeded to Saline County
Tract 4 (Bergkamp tract): Dedicated by plat to the public
Since Tracts 1, 2 & ~ belong to the "public", transfer from the
County to the City is not necessary. A deed transferring Tract 3
to the City of Salina is attached (Attachment "C").
It is our understanding that the City plans to improve all of E.
Schilling Road between S. Ninth Street and the railroad tracks in
the next few years and that creation of a benefit district will be
the preferred method of funding the improvement. Since portions of
the benefit district would be within the unincorporated area of
Saline County, we hereby consent to establishment of a benefit
district for this purpose.
Please direct any questions regarding this request to David Gurss,
Saline County Planning and Zoning Director, at 826-6565.
Sincerely,
Michael J. White, Chairman
Saline County Board of County Commissioners
Attachments
,*TT'A C/4 M E lq T "A"
EAST SCHILLING ROAD ANNEXATION TO THE CITY OF SALINA
DESCRIPTION
A tract of land in the northwest quarter of Section 1,
Township 15 South, Range 3 West of the Sixth Principal Meridian
in Saline County, Kansas, more particularly described as follows=
Commencing at the northwest corner of said Section 1; :
thence easterly along the north line of said northwest quarter on
an assumed bearing of S.89°35'06"E. a distance of 442.59 feet,
more or les~ to the point of 'beginning; thence continuing
easterly al g the north line of said northwest quarter bearing
S.89"35'M6"E. a distance of 2,192.75 feet, more or less to the
North Quarter corner of said Section 1; thence southerly along
the east line of said northwest quarter bearing S.M"21'OS"W., a
distance of 60.MM feet, more or less, thence N.89*35'O6"W.
parallel with the north line of said northwest quarter, a
distance of 2,272.51 feet, more or less; thence S. 87°45'05"W., a
distance of 194.21 feet, more or less; thence S.45°18'2M ' W. a
distance of 29.61 feet, more or less, to a point on the east
right-of-way line of Old 81 Highway; j thence N.M'lS'48"E. along
the east right-of-way line of Old 81 Highway a distance of 4M.MM
feet, more or less, to a point on the south right-of-way line of
Schilling Road~_~ thence S.89~35'M6"E. along the south right-of-
way line of Schilling Road a distance of 215.MM feet, more or
less; thence N.M~24'54"E. a distance of 2M.OM feet, more or
less, to a point on the south right-of-way line of Schilling
Road; thence S.89'35'O6~E. along the south right-of-way line of
Schilling Road a distance of 79.70 feet, more or less; thence N.
O'24'54"E. a distance of 3M.MO feet, more or less, to the point
of beginning.
The above-descr.ibed tract of land contains 3.154 acres, more or
less.
ATTACHMENT' "iii"
. I $CBLE'
(/.~ .~, 89° 35' o~." E.
zo. oo'
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, having an interest in the below
described real estate pursuant to a Deed of Dedication filed
March 23, 1993, in Deed Book 366, pages 128-130, do hereby
assign said Deed of Dedication unto the City of Salina, for
use as a public street, the following described tract of
land, to-wit:
A tract of land in the Northeast Quarter of the
Northwest Quarter of Section One (1), Township
Fifteen (15) South, Range Three (3) West of the
Sixth (6th) Principal Meridian in Saline County,
Kansas, more particularly described as follows:
Commencing at the Northwest corner of Section One
(1); thence N. 89o44'29'' E. along north line of
said section, on an assumed bearing, a distance of
1832.67 feet, more or less, to the point of
beginning; thence continuing along the north line
of said section bearing N. 89° 44'29" E., a
distance of 329.88 feet, more or less; thence S. 0
20'37" E., a distance of 60.00 feet, more or less;
thence S. 89044'29'' W. on a line parallel with the
north line of said section, a distance of 329.88
feet, more or less, thence N. 0° 20'37" W. a
distance of 60.00 feet, more or less, to the point
of beginning.
The above described tract contains 0.454 acres, more or
less.
That, pursuant to K.S.A. 79-1437e, as amended, the
required completion of a Real Estate Sales Validation
Questionnaire is not applicable to the transfers of title
when title is transferred to convey right of way or pursuant
to eminent domain, and is, therefore, not applicable to the
property transfer described herein.
That the undersigned hereby covenants that it has an
interest in the above premises and has the right, power and
authority to convey the rights granted hereby.
IN WITNESS WHEREOF, the undersigned have hereunto set
their hands the ~ day of September, 1993.
THE BOARD OF COUNTY COMMISSIONERS
OF SALINE COUNTY, KANSAS
,'"""'-'"'", Michael J. W~te, Chairman
c
ATTE S T:
: . ~ . .
Shirley J./
Saline Count~Cl~rk
STATE OF KANSAS, COUNTY OF SALINE, ss:
The foregoing instrument was acknowledged before me
this ~ day of September, 1993, by the County of Saline
by Michael J. White, Chairman, The Board of County
Comissioners of Saline County, Kansas.
My Appointment Expires: ~/-/~-~
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