6.3 Donate Property Bridge Impr CITY OF SALINA
REQUEST FOR COMMISSION ACTION DAT~ 3]ME
10/12/98 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
N O, AG EN DA:
6
ITEM Engineering & G,eneral Servi, es
By: Shawn 0' Lea BY:
ITEM
Dedication of right-of-way to the Kansas Department of Transportation for bridge improvements.
BACKGROUND
The attached deed of dedication involves a very small city-owned tract of land(0.02 acres) located
just east of Highway K-104(Old Highway 81) and south of Mentor Road that is needed by KDOT
for the reconstruction of the exis. ting bridge at that site. This land is part of the City/U.S. Army
Corps of Engineers flood protection levee system that protects the city and parts of Saline County
from flood waters. This particular bridge is over the Dry Creek Diversion Channel located
approximately three miles south of the current city limits on South Ninth Street.
This bridge project will actually provide drainage and safety benefits to this area of Saline County.
The project and this land transfer will have no significant adverse effect on the city's flood control
system. The Corps of Engineers is also working closely with KDOT relative to this project. The
land transfer will essentially allow KDOT to install an extended guardrail system at the bridge
approach. This, in turn, will change slightly our access point to the levee system for city vehicles.
The bridge project is scheduled for construction in 1999.
RECOMMENDATION
It is recommended that the City Commission authorize this transfer of land ownership and the
"donation and waiver of appraisal" for the property to the Kansas Department of Transportation.
STATE OF KANSAS
DEPARTMENT OF TRANSPORTATION
PLAN AND PROFILE OF PROPOSED
STATE HIGHWAY
FEDERAL AID PROJECT
SALINE COUNTY
K-104
~' ~ 9.~.5.000 END
9+171.145 Con~. '
,. 10,1-85-1.76(116) Pro.[. No, 104-85 K-2096-OI -
-19.8m-16.8m ~ff sra..~02,65.70 on
Pro.[. No. 81-15-PW5 37 (1955)
c. r .~.
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PROJECT AREA
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TIJS TI$S
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*l~l EXCEP/~NS RECOM. FOR APPROVAL-OAIE
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.................. ~,~ ............. { ~.~...~... o. ~.~.
................... ~ FANSA5 DEPARTMENT ~ TF
0AlE
............. ~ .....
.................... ~ ~ NET LEITH OF PROd[CT 125.0~ m
................... NET LEITH OF 8RIOGES 6~.128 m
j ~T LEITH 0F ROA0 63.812 m KANSAS 0~ARTM[N[ ~ T
................... %.~..~
1~2 m I~Sk~ STA. 9+225,000 ~D I s~
*~ ISTA, 9+100.000 BEGIN ~o. 104~5 K~l -
0~5 BEGIN ~ ~ Sro. ~3~ C~. sro. ~3Z5 END ,~i
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.............. ~ NO ~I,'.S VAL£DATION
I)J,:l,:l) (;I,:NI':IIAI, WAI{I{ANTY I-2TW KSA 79-1437e (a) (13)
TIllS DEED, Made this day of f9 , between
The Citjr of Salina
of Saline County, in the State of Kansas , of the first part, and
The Secretary of Transportation of the State of Kansas
of aha wne e County, in the State of K a n s a s , of the second part,
WITNESSETH, That part jr of the first part, in consideration of the sum of
- One Dollar and other valuable consideration and DOLLABS.
the receipt of which is hereby acknowledged, do by these presents convey and warrant unto said party of the
second part, i t S S U C ce s s o r s ~j[~and assigna, all the following-described REAL ESTATE situated in the County of
SAL I NE and State of KANSAS , to wit:
: A tract of land in the Northwest Quarter of Section 24, Township 15
· ~ South, Range 3 West of the 6th P.M., described as follows: COMMENCING at
· the Northwest corner of said Quarter Section; thence on an assumed
. . bearing of North 89 degrees 56 minutes 36 seconds East, 21.123 meters
(69.30 feet) along the North line of said Quarter Section to the Easterly
'.. right of way line of the existing highway; thence South 00 degrees 11
minutes 03 seconds West, 338.332 meters (1,110.01 feet) along said right
of way line to the POINT OF BEGINNING, said point being on the South line
of a parcel of land recorded in Book 343, Page 210 in the Register of
Deeds~ Office, Saline County, Kansas; FIRST COURSE, thence South 00
degrees 11 minutes 03 seconds West, 8.238 meters (27.03 feet) along said
right of way line; SECOND COURSE, thence South 89 degrees 48 minutes 57
seconds East, 18.288 meters (60.00 feet) along said right of way line;
THIRD COURSE, thence North 00 degrees 00 minutes 42 seconds East, 0.878
meters (2.88 feet) to said South line; FOURTH COURSE, thence North 67
degrees 54 minutes 00 seconds West, 19.710 meters (64.67 feet) along said
South line to the point of beginning. The above described tract contains
0.008 hectare (0.02 acre), more or less.
TO HAVE AND TO HOLD THE SAME, Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or
in anywise appertaining, forever·
And party of the first part, For i t S e 1 f, i t s heirs, executors and administrators, do
hereby covenant, promise and agree to and with partjr of the second part that at the delivery of these presents
it is lawfully seized in its own right, of an absolute and indefeasible estate of inheritance, in fcc
simple, of and in all and singular the above granted and described premises, with the appurtenances; that the same are free, clear, discharged and
unincumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and incumbrances of what nature of kind
soever, except;
and that i t will warrant and forever defend the same unto part y of the second part, i t S S ucc e s s o r s
lkqi~xand assigns, against part Jr of the first part, i t S heirs, and all and every person or persons whomsoever,
lawfully claiming or to claim the same.
IN WITNESS WHEREOF, party of the first part ha S hereunto subscribed i t S name , the day and
year first above written.
Rev. 5-75 8{977 3M 11-81
DATE
COUNTY Saline
PROJECT 104-85 K 2096-01
CITY Salina
TRACT NO. 3 C/A 2380
DONATION AND
WAIVER OF APPRAISAL
**************************
The undersigned owner(s), having been fully informed of his,
her, their right(s) to have the property appraised, and to receive
just compensation based upon an appraisal, has, have decided to
waive his, her, their right(s) to an appraisal and to donate his,
her, their property interests for highway right of way to the
Kansas Department of Transportation.
The undersigned owner(s) further state(s) that the decision to
waive his, her, their right(s) to an appraisal was made without
undue influences or coercive action of any nature.
Landowner(s)
Recommended by:
Mary J. Elliott , Right of Way Agent
CITY OF SALINA 3
SALINE COUNTY 2388
140-85 K 2896-01
PT. SEC. 24, T15S, R3W
7-31-g8
£1/4S.
JOB N0.380 ' SCALE- ls5000