07-6372 •
Affidavit of Publication
Following is a true and correct copy of Resolution No.07-6372
•with proof of publication of the same. (TThe nature of the im- • • More particularly de-
together 3. Parcels '-4 (all to-
P 1� provements are as fol scribed as follows: 'cated on the•south
.- lows: '• • Commencing at the side of West Diamond
The curb,- guttering;I Southwest corner of - .Drive) shall be as-.
. paving, grading 'and.1 . said Northeast-Quer- sessed equally per
drainage for approxi- I. ter; square foot for 50%of•A T`FFIDAVIT [ , -. mately 1,359 lineal Thence,' on-an as- the total costs of the
feet of West Diamond sumed bearing of N Sanitary Sewer lm-
Drive•(the "Street Im-. 00° 01' 28" E. along provements. The re-
provements"); ' 1 the West line of said maining 50°k of the
• .Northeast Quarter for •• Sanitary Sewer Im
feet to a point on the
I, Ann Garrison being a distance -of 40.00 . provements shall be
The excavation, pay- 'assessed two-thirds
ing, piping,•and struc- • North right;of.way of (2/3) against Parcel 7
duly sworn, declare that I am the Majors/Nationals tares for approximate- West Diamond Drive, and one-third. (1/3)
ly 1,940 lineal feet.of ;• said 'point being the against Parcel 8.
storm, drainage. con- POINT OF BEGIN- ' - 4. Parcels 1;4 (all lo-
NING;and channel (the NING; cated on the south
Coordinator of THE SALINA JOURNAL, a daily news- "Drainage Improve- Thence continuing N side of West Diamond
meets"); 00° Ot' 28" E along Drive) shall be as-
the West line of,said sessed equally per
The installation.of ap- Northeast
paper published at Salina,Saline County,Kansas,and -Quarter;for • square foot for 50%of
proximately 1,388 line- a distance of 603.33 'the costs of the Water
• al feet of sanitary sew-: feet. • . System Improvements
er main,.service con Thence,S 89°•59'39" / chargeable to the Im-
of general circulation in said county,which newspaper nections for sewer E for a distance of provement District.
lines, manholes, and 1268.28 feet. The remaining 50%of
•all appurtenances Thence,S 00°01'45" the costs of the Water
• thereto,(the "Sanitary S stem Improvements.
has been continuously and uninterruptedly published
W for a distance of v p
Y h Y p Sewer • Improve- chargeable.to the Im-
menu");and 603.20 feet,to a point
on said North right-of- • provement • District•• shall be assessed two
for five consecutive years prior to first publication of at- The installation of ap- 'Thence N 90°00' 00" thirds (2/3) against
.proximately 5,035 line- . W• along said North 'Parcel 7 and one-third
right-of-way a distance (1/3
al feet of six-inch and against Parcel 8.1.
(1/3) 9
eight-inch water main, . f 1268.23 ft to the The allocation of 'assess-
tached . feet tached notice,and that the attached Lire hydrants, valves, POINT OF BEGIN- ments among Parcels 7 and
fittings,- service con- NING; Containing 8 is based on the fact that
nections for water 765,102.2 square feet, Parcel 7 benefits more than
Resolution No.07-6372 lines..and all appurte- 17.564 acres more or Parcel 8 from the Improve;
nances thereto (the less. ments, due•to the proximity
, "Water System Im- . of'Parcel 7 to the Improve=
has been correctly published in said newspaper 1 provements"). Parcel 8 meets. y
Y P (the"Improvements"),all - A tract of land located (e)The apportionment of
• located generally as ' in tie West 76 acres cost between the 'im-
shown on the map at- - of the West Half of the provement district and
times, the first publication given in tached hereto as Exhibit ,
p g A Northeast Quarter of the city at large is: •
Section 35, Township Costs' chargeable to•(b)The estimated•cost of 13 South, Range 3 the Improvement Dis-
the Improvements is: -West of the Sixth Prin- ' trict,the issue of March 9 2007. .Eight,hundred twelve • cipal Meridian in"Sal- . 1:_One hundred per-
,: thousand six hundred '' ine County Kansas. Z cent:.(100%) of the
forty-four dollars and More particularly de- ,• Street Improvements
c JARKA,A At\/,�l4 fifty-two cents scribedas follows: • to be assessed.to the
,A.L�C ($812,644.52). following properties:
(c) The .boundaries of Commencing at the. Parcels 1-8. .
the improvement district - Southwest corner of I ,2. One hundred per-
to be assessed are: _ said,Northeast Quer-
: Parcel 1 ter; • r cent (100%) of the
Subscribed and sworn to before me,this Lot,1,;Block 1 of the Thence, on an as- ments to be assessed
Drainage Improve-
Diamond-Addition in •• sumed bearing of N
the City, of Salina, . ' .00° 01' 28" E along to the following proper-
day ties:Parcels 1 4.
da of G r A.D.2007 . Kansas... • • . the West line of said
•Y Northeast Quarter for 3. One hundred per-
/ y f Parcel 7 a distance of 643.33 cent(100%)of the to-
feet to the Northwest tal cost of Sanitary
The West 141.85' of corner of Parcel #7, � Sewer.•Improvements
• Lot 1, Block 1 of the to be assessed to the
Notary Public Loyd_Addition in the �, POINT OFbe1BEGIN- following properties:
• City of Salina,Kansas. NING; Parcels 1-4 and Par-
NOTAAY PUBLIC-State of Kansas ' - Thence continuing N. cels 7 and 8. •
Parcel 3 00° 01' 28" E along' 4. Approximately
- WENDY CHROBAK Lot 1,Block 1,less the the West line of said 34.4%of the costs of
..-i-.-:-.111-----== My Appt.Exp. '-Z2-o ( •west•141.85' of the Northeast Quarter, for the Water System Im
Loyd Addition and the a distance of 603.33 provements (repre-
west 70' of Lot 1, feet to a point on the senting the costs of
• Block 1,.of the Malo-. . North line of a 20 foot that portion of the Wa-
(Published In The Salina sessment; (e) the proposed ney Addition .in the. utility easement. ter System Improve-
-RESOLUTION 9,2007) apportionment . .City of Salina,Kansas: Thence,S 89 59' 18" ments to be construct-
RESOLUTION NO.07-6372 pportionment of the cost ed beginning at the
A RESOLUTION SETTING- between the improvement " '-E along said North southeast corner of
district.and the-City at large; Parcel 4 line, for a distance,of •FORTH FINDINGS AND DE- and'(f) a request that such Lot 1,Block_1,less the 1268.33 feet. - the boundary of Parcel
TERMINATIONS 'OF THE improvements be made with- -west 70' of•the Maio- Thence,S 00°01'45" • 7',and ending at the
GOVERNING BODY OF out notice and hearing as.re- 1 ney Addition' in' the • W for a distance of southwest corner of
THE':CITY OF SALINA, quired by K.S.A. 12-6a04 a . •City of Salina',Kansas.' • the boundary'of Parcel
KANSAS ON THE ADVISA- and y � ) Northeast feet to the 7) to be'assessed to
BILITY OF AND'AUTHOR- Northeast corner of the following proper-
WHEREAS,all the owners Parcel 5 Parcel#7. '
RING THE CERTAIN. UC- of record of property located Lot 1, Block 1 of the Thence N 89°59'39" ties: Parcels 1-4 and
TION OF CERTAIN. IM- within the proposed improve; Morton Addition in the W along the North line Parcels 7-8.
P K.S.A.NTS PURSUANT ment district have signed the City of Salina,Kansas, of Parcel #7 a dis-
TO K.S.A.12-6a01 et seq. Petition,including all owners - less the track begin-. tance of 1268.28 feet Costs chargeable to
WHEREAS,a petition'was of record of property located ning at the NW corner ' ' to the POINT OF BE- the City-At-Large
"filed with the City Clerk for p s r • .thence E 159.65', Approximately 65.6%
the City of.Salina, Kansas
within the proposed improve- GINNING; Containing of the Water System•(the 'City"),on' March ,1, ment district but outside of •' thence S 205.56', 765,132.52 square. •
the City limits and directly _. thence W' 159.83', • feet, 17.565 acres. Improvements (repre-
2007, proposing certain im- ' thence '205.39' to senting the costs of
provements pursuant to adjacent to the City's existing more or less. the Water System Im-
provements boundaries;and :the point of beginning. - (d) The method of as- y
K.S.A. 12-6a01 et seq.-(the` WHEREAS, no si natures " sessment shall be: provements less costs
Petition");and • g Parcel 6 -' 1.Each lot and unplat- associated with that
WHEREAS, the Petition have been withdrawn from portion of the Water,
the petition before the Gov- Lot 1, Block 1 of the fed tract in the portion
sets forth:(a)the general na- erring Body began consider-
to Addition in,the • of •the Im rovement System Improvements,
tare of the proposed im- City'of Salina,•Kansas; p to be constructed be-
provements; (b)the estimat- ation of the Petition;and District located on the ginning at the south-
WHEREAS,.'K.S.A. 12- b:ginning at the NW south side of West Di-
ed or probable cost of the 6a04 provides that the Gov-
boundary thence E amond•Drive (Parcels east corner of the
proposed improvements; (c) erring Body may authorize 159.65', thence' S •
1-6)shall be assessed boundary of Parcel 7
the.extent of the proposed and order public improve- ?05.56', 'thence W equally and.ending at the
improvement district to'be p p 159.83', thence N q y per. square southwest corner of
assessed for the cost of:the meets without notice and foot for 50%of the to- the boundary of Parcel
hearing after a sufficient peti= 205.39'to the point of tat costs of the Street
beginning. • Im.rovements.The re- 7)'
proposed improvements; (d) tion has been filed. •
the proposed method of as- NOW THEREFORE,'BE _ (f).Pursuant to the provi-
IS RESOLVED BY THE Parcel 7 rriaintng 50% .of.,thC" sions of.K.S.A. 12-6a19,
GOVERNING BODY OF A tract of land located Street Improvement's there is additional prop-
THE CITY OF SAUNA, -in-the West 76 acres shall be assessed two-. erty that benefits from a
KANSAS,AS FOLLOWS:. •' of the West Half of the thirds (2/3) against portion of the Water Sys-
Section 1.The Governing Northeast-`Quarter •of Parcel 7,and one-third tem Improvements, .but
• Section 35, Township f •'(1/3)'against Parcel 8. is not included within the
Body hereby.finds that the " 2.Parcels 1-4 shall be Improvement District ref-
Petition is sufficient,and fur- 13 South, Range 3 •ther finds and determines West of the Sixth Prin- assessed equally per erenced in paragraph 3• cipal Meridian in Sal- square foot for the. herein ,•because' the•
that it is necessary and ad- costs of the Drainage propertgos currently out-
visable to make the following ine •County• Kansas.
improvements: 9 - Improvements, • side the'City limits and
will not be immediately
served ,by,',the Water mine County Kansas. unplatted tract of land within pects to make capital exp en-
System Improvements. More particularly de- the Cost Recovery Area ditures•from and after the
' Whenever any owner of scribed as follows. equally per square toot.• date of this Resolution in
property within the Cost • Commencing at• the Pursuant.to K.S.A: 12- connection with the Improve-
Recovery Area (defined Southeast corner of 6a19, a benefit fee shall be ments described herein,and
below) requests.by peti- said Northwest Quar- assessed only against the intends to reimburse itself for
lion to be.served by the ter; ' property described in any pe-. such expenditures with the
Water System Improve- . ' Thence;• on an as- tition requesting servide by proceeds of one or more ser-
ments, the City intends . sumed bearing of N the Water System Improve- ies of 'general obligation
to charge benefit fees in 00° 01' 28" E..along ment.•The benefit fee will be bonds and temporary notes
the manner set forth in the East line of said the amount of the assess- of the City in the maximum
'•K.S.A. 12-6519. • The Northwest Quarter for ment,including principal and principal . amount of
Cost Recovery Area is a distance of 40.00 interest (limited to the 15 $812,644.52.
defined'as the tracts of feet to a point on the year term of the bond financ- Section 5..The City Clerk
•land shown on the map ' 'North right-of way of ing),which would have been is hereby authorized'and di-
attached hereto as Ex- West Diamond Drive, levied•against•the property rected to make progress
hibit A, and referenced, said point being the had it.been included in the payments to the contractors
as the `Cost Recovery POINT OF BEGIN- original Improvement Dis- for materials furnished and
Area,"and legally descri- NING; trict. The benefit fee will be for labor performed under
bed as follows: Thence continuing N due and payable at the time the contract when estimates
. • Parcel 9 - 00° 01' 28" E along the property begins being therefore are presented to
A tract of land located ' the West"line of said served by the Water.System him/her which have been
in the West 76 acres Northeast,Quarter, for Improvement. If bonds fi- properly certified by.the City
of the West Half of the a distance of'1206.66 nancing the Water' System Engineer,so long as the ag-
.Northeast Quarter of .feet. '. Improvements are outstand- gregate payments do not ex-
.Section1-35, Township Thence,S 89°59' 18" ing,the property-owner must. ceed the total contract price.
13 South, Range 3. 'W for a distance of either(a)pay the entire ben- Section 6..The City Clerk
West of the Sixth Prin- 1268.33 feet to.a•point efit fee in one lump sum or shall file a'certified copy of
• .cipal Meridian in Sal- ' 1246.40 feet North of (b)pay in one lump sum that this Resolution with the Reg-
ine County .Kansas. the South line of said portion of the benefit fee as- ister of Deeds of Saline
• 'More particularly de-. Northwest Quarter. sociated with bonds that County,Kansas.
scribed as follows: Thence,'S 00°01: 11" have been paid prior to the Section 7.This Resolution
Commencing at the .W for "a distance of date the property.begins be- shall take effect after its pas-
Southwest corner of . 1206.40 feet, •to a ing served by the Water Sys- sage and publication once in
said' Northeast,Quar- point 40.00 feet North tem Improvement and pay the official city newspaper.
ter; of the South line of the remaining portion of the
Thence, on.an as- said Northwest Quar- benefit fee.in annual install- ADOPTED AND -
sumed'bearing.of N ter. ments: If no bonds financing . PASSED this 5th day of
00° 01' 28",E along Thence S`90°00' 00" the Water,Systeni Improve- .March,2007. .
the West line of said E along a line 40.00 ments are, outstanding, the
Northeast Quarter for feet North of the South benefit fee shall be due and .,•Donnie D. Marrs,
a•distance of 1246.67 line of said Northwest payable•in one'lump sum. Mayor
feet to the Northwest Quarter a distance of Any benefit fees paid shall -
corner of Parcel #8,. 1268.23 feet to 'the be applied to•the City's gen- (SEAL) • •
said point being the • POINT OF 'BEGIN- eral bond and interest fund.' l
POINT OF' BEGIN- NING;•; Section 2.The Governing Lieu Ann Elsey, 1
' NING; • , Containing " Body hereby declares that CMC,City Clerk • (•1t)_j
Thence continuing N 1,530,233.4 square the Improvements described
00° 01' 28" E along ,feet,35.13 acres more in this Resolution'are neces-
, the West line of said •or less. ' . sary,and authorizes them to
- Northeast Quarter, for (the "Cost Recove .lbe•made in accordance with
a distance'of 603.34 Area"): the findings set forth in this
feet. The total benefit.fees to be Resolution, and further au-
Thence,S.89°58'57" charged to.Parcel 9 will thorizes the levying of as-.
E for a distance of equal 100%of the total cost sessments and the issuance
1268.38 feet. ' • 'of that,portion of the Water of bonds therefore,all in ac-.
. Thence,.5 00°01'45" System Improvements local- cordance with K.S.A.. 12-
W for a distance of ed along the•northem boun- 6a01 et seq.
603.21 feet, to the dary`of Parcel 8; beginning Section 3. Pursuant to
Northeast corner of at the northwest corner of K.S.A. 12-6,11.1,the govern-
Parcel#8. the boundary.of Parcel 8 and ing body hereby authorizes
.Thence N 89°59' 18" ending at the northeast cor- and provides for a delay in
• W a distance of ner of the boundary of Parcel the commencement of pay-
' 1268.33 •feet to the 8.' ." • ment of special assessments
POINT OF BEGIN- The total benefit fees to be related.to Parcels 7 and 8 for
NING; Containing charged to Parcel 10 will a period of not to exceed 15
.• ,765,162.88 square equal 100%of the total cost years or until such property
•• feet, 17.566 acres of that portion of the Water is platted or developed if the
more or less.. . System.Improvements local- same occurs prior to the con-
ed along the western boun- clusion of the 15 year period.
_ Parcel.10 - daries of Parcels 7 and 8, All such assessments shall
A tract of land located beginning at the southwest be due.and payable.in fifteen
in the East Half of the corner'of the boundary of (15)annual installments,be-
North-west Quarter of Parcel 7 and ending.at the ginning at, the time such
Section 35, Township northwest corner' of the property is platted or devel-
13 South, Range 3 boundary of Parcel 8. oped-or at the expiration of
• -West of the Sixth Prin- The total'benefit fees will the 15 year deferral.period.
• cipal Meridian in Sal- be charged to each lot and Section.4. The City ex-