10-6731 Adv & Auth Magnolia Commons Addition Improvementsm
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(Published in the Salina Journal on , 2010)
RESOLUTION NUMBER 10-6731
A RESOLUTION SETTING FORTH FINDINGS AND DETERMINATIONS OF THE
GOVERNING BODY OF THE CITY OF SALINA, KANSAS ON THE ADVISABILITY OF AND
AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO K.S.A.
12-601 et seq.
WHEREAS, a petition was filed with the City Clerk for the City of Salina, Kansas (the "City") on
April 26, 2010, proposing certain improvements pursuant to K.S.A. 12-6a01 et seq. (the "Petition'); and
WHEREAS, the Petition sets forth: (a) the general nature of the proposed improvements; (b) the
estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district
to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the
proposed apportionment of the cost between the improvement district and the City at large; and (f) a request
that such improvements be made without notice and hearing as required by K.S.A. 12-604(a); and
WHEREAS, the owners of record of more than one-half of the property located within the proposed
improvement district have signed the Petition; and
WHEREAS, no signatures have been withdrawn from the petition before the Governing Body began
consideration of the Petition; and
WHEREAS, K.S.A. 12-6a04 provides that the Governing Body may authorize and order public
improvements without notice and hearing after a sufficient petition has been filed; and
WHEREAS, the governing body has reviewed and considered the Preliminary Engineering Estimate
and Feasibility Report prepared by the City Engineer and agrees with the conclusions set forth therein; and
WHEREAS, the governing body has determined that it is appropriate to designate Virginia Drive,
Virginia Court and Magnolia Road as "arterial streets," as that term is used in K.S.A. 12-6a19, but solely for
the purposes of imposing benefit fees pursuant to K.S.A. 12-6al9;
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS, AS FOLLOWS:
Section 1. The Governing Body hereby finds that the Petition is sufficient, and further finds and
determines that it is necessary and advisable to make the following improvements:
(a) The nature of the improvements are as follows:
The curb, guttering, paving, grading and drainage for approximately 1,600 lineal feet of
Virginia Drive (the Virginia Drive Street Improvements); 920 lineal feet of Virginia Court,
(the Virginia Court Street Improvements); and 625 lineal feet of Magnolia Road, (the
Magnolia Road Street Improvements) and collectively the "Street Improvements".
The installation of approximately 10,073 lineal feet of twelve -inch water main, 965 lineal
feet of ten -inch water main, 80 lineal feet of six-inch water main, fire hydrants, valves,
fittings, and all appurtenances thereto (the Water System Improvements).
The installation of approximately 356 lineal feet of fifteen -inch sanitary sewer main; 2,207
lineal feet of twelve -inch sanitary sewer main, 3,528 lineal feet of eight -inch sanitary sewer
main, manholes, wastewater lift station, and all appurtenances thereto (the Sanitary Sewer
Improvements).
The installation of stormwater detention, stormwater pump station and all appurtenances
thereto (the "Stormwater Detention Pond").
The installation of approximately 2,138 lineal feet of storm sewer, inlets,
and all appurtenances thereto (the "Drainage Improvements").
(collectively, the "Improvements")
(b) The estimated cost of the Improvements is:
Three million four hundred fifteen thousand five hundred sixty-three dollars and
sixty cents ($3,415,563.60).
(c) The boundaries of the improvement district to be assessed are:
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Parcel 1
Lot 1, Block 1, in the Magnolia Commons Addition
Parcel 2
Lot 4, Block 1, in the Magnolia Commons Addition
Parcel 3
Lot 3, Block 1, in the Magnolia Commons Addition
Parcel 10
An unplatted tract of land located in the South half of the Southeast Quarter of Section
26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County,
Kansas, more particularly described as follows:
Commencing at the Southwest corner of the Southeast'/4 of said Section 26;
thence North along the West line of said Southeast '/4 on an assumed bearing of North
00'09'15" East, a distance of 96.25 feet to the POINT OF BEGINNING;
thence North 89°38'00" East, a distance of 22.40 feet;
thence North 66°25'36" East, a distance of 38.07 feet;
thence North 8112 V24" East, a distance of 489.67 feet;
thence North 09°41'31" West, a distance of 567.93 feet;
thence North 20°27'30" West, a distance of 198.30 feet;
thence North 35°49'23" West, a distance of 242.34 feet;
thence North 52155'59" East, a distance of 25.00 feet to a point on the westerly right-of-
way of I-135 highway;
thence northwesterly along said R/W on a non -tangent curve to the left having a radius of
5579.58 feet, an arc distance of 223.78 feet, said curve having a long chord of 223.77 feet
and a bearing of North 38°12'31" West;
thence South 89°57' 15" West, a distance of 112.89 feet to a point on the West line of the
Southeast'/4 of said Section 26;
thence South 00°09' 15" West along said West line, a distance of 1221.88 feet back to the
POINT OF BEGINNING.
The above described tract of land contains 469,826 square feet or 10.79 acres, more or
less.
Parcel 11
Lot 1, Block 1, in the Premier Addition.
(the "Improvement District").
(d) The method of assessment shall be:
Each parcel in the Improvement District shall be assessed per acre for costs of the
various Improvements
(e)The apportionment of cost between the Improvement District and the city at large is:
Costs chargeable to the Improvement District
1. Approximately 70.9% of the Street Improvements to be assessed to the
following properties: Parcels 1, 2, 3, and 11.
2. One hundred percent (100%) of the Drainage Improvements to be assessed
to the following properties: Parcels 1, 2, and 3.
3. One hundred percent (100%) of the Stormwater Detention Pond to be
assessed to the following properties: Parcels 1, 2, and 3.
4. Approximately 14.7% of the total cost of the Water System Improvements
to be assessed to the following properties: Parcels 1, 2, 3, 10, and 11.
5. Approximately 19.3% of the costs of the Sanitary Sewer Improvements to
be assessed to the following properties: Parcels 1, 2, 3, 10, and 11.
Costs chargeable to the City At -Large
1. Approximately 29.1 % of the Street Improvements.
2. Approximately 85.3% of the Water System Improvements.
3. Approximately 80.7% of the Sanitary Sewer Improvements
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Section 2. The Governing Body hereby declares that the Improvements described in this
Resolution are necessary, and authorizes them to be made in accordance with the findings set forth in this
Resolution, and further authorizes the levying of assessments and the issuance of bonds therefore, all in
accordance with K.S.A. 12-6aOI et seq.
Section 3. The City expects to make capital expenditures from and after the date of this
Resolution in connection with the Improvements described herein, and intends to reimburse itself for such
expenditures with the proceeds of one or more series .of general obligation bonds and temporary notes of the
City in the maximum principal amount of $3,415,563.60.
Section 4. The City Clerk is hereby authorized and directed to make progress payments to the
contractors for materials furnished and for labor performed under the contract when estimates therefore are
presented to him/her which have been properly certified by the City Engineer, so long as the aggregate
payments do not exceed the total contract price.
Section 5. Pursuant to the provisions of K.S.A. 12-6a19, there is additional property that benef
or will benefit from the Improvements, but is not included within the Improvement District because the propel
is currently outside the City limits. The City intends to charge benefit fees in the manner set forth in K.S.A. 1
6a19 for any owner of property within the tracts of legally described as follows:
Parcel 4 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE
CITY BOUNDARY)
A tract of land located in the Northeast Quarter of Section 35, Township 14 South, Range 3 West of
the 6`h Principal Meridian, Saline County, Kansas, more particularly described as follows:
Commencing at the Northwest Corner of said Northeast Quarter;
Thence on an assumed bearing of South 00°05'09" East on the West line of said Northeast Quarter, a
distance of 1696.31 feet to the Southwest corner of a parcel recorded in Saline County Register of
Deeds, Book: 1168, Page: 1808, said point being the POINT OF BEGINNING;
Thence North 89°52'43" East on the South line of said recorded parcel, a distance of 1355.10 feet to
the West Right -of -Way line of I-135;
Thence on said Right -of Way line on a curve to the Right having a radius of 5579.65 feet, an arc
length of 552.14 feet, a chord bearing of South 02°36'23" East, a chord distance of 551.91 feet;
Thence South 00°13'42" West continuing on said West Right -of -Way line, a distance of 363.60 feet
to a point 20.00 feet North of the South line. of said Northeast Quarter;
Thence North 89°55'27" West on a line parallel to and 20.00 feet north of said South line, a distance
of 1377.39 feet to said West line;
Thence North 00005'09" West on said West line, a distance of 910.25 feet to the POINT OF
BEGINNING.
Said tract contains 1,254,306.80 square feet, 28.795 acres, more or less.
Parcel 5a (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE
CITY BOUNDARY)
A tract of land located in the Northwest Quarter of Section 35, Township 14 South, Range 3 West of
the 6`h Principal Meridian, Saline County, Kansas, more particularly described as follows:
Commencing at the Northwest Corner of said Northwest Quarter;
Thence on an assumed bearing of South 89°54'47" East on the North line of said Northwest Quarter,
a distance of 1585.99 feet;
Thence South 00°27'27" West, a distance of 71.18 feet to a point on the South Right -of -Way line
recorded in the Saline County Register of Deeds Misc. book: 96, pg: 82, said point being the POINT
OF BEGINNING;
Thence South 00°27'27" West on said South Right -of -Way line, a distance of 29.65 feet to a point
on the centerline of Dry Creek;
Thence South 81°08'09" East on the centerline of Dry Creek, a distance of 23.01 feet;
Thence South 52'23'12" East on the centerline of Dry Creek, a distance of 219.86 feet;
Thence South 27°22'56" East on the centerline of Dry Creek, a distance of 164.03 feet;
Thence South 21°34'53" East on the centerline of Dry Creek, a distance of 26.28 feet;
Thence South 15°37'44" West on the centerline of Dry Creek, a distance of 67.04 feet;
Thence South 02°58'02" West on the centerline of Dry Creek, a distance of 3 7.3 5 feet;
Thence South 46159'34" West on the centerline of Dry Creek, a distance of 65.26 feet;
Thence South 35°17'41" West on the centerline of Dry Creek, a distance of 89.38 feet;
Thence South 43°37'21" West on the centerline of Dry Creek, a distance of 131.83 feet;
Thence South 14134'39" West on the centerline of Dry Creek, a distance of 64.18 feet;
Thence South 01 ° 18'17" West on the centerline of Dry Creek, a distance of 2 8.3 1 feet;
Thence South 27°52'23" East on the centerline of Dry Creek, a distance of 26.19 feet;
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Thence South 51°13'46" East on the centerline of Dry Creek, a distance of 75.44 feet;
Thence South 41 °06'48" East on the centerline of Dry Creek, a distance of 79.39 feet;
Thence South 33°41'20" East on the centerline of Dry Creek, a distance of 109.28 feet;
Thence South 34°16'28" East on the centerline of Dry Creek, a distance of 108.89 feet;
Thence South 30°10'59" East on the centerline of Dry Creek, a distance of 106.40 feet;
Thence South 39°43'39" East on the centerline of Dry Creek, a distance of 75.83 feet;
Thence South 26°02'09" East on the centerline of Dry Creek, a distance of 245.31 feet;
Thence South 15°18'03" East on the centerline of Dry Creek, a distance of 127.14 feet;
Thence South 12°52' 13" East on the centerline of Dry Creek, a distance of 82.84 feet;
Thence North 89°52'43" East, a distance of 509.42 feet to a point that is 10.00 feet West, measured
perpendicular, of the East line of said Northwest Quarter;
Thence North 00°05'09" West parallel to said East line, a distance of 1278.92 feet to a point on the
South line of a parcel recorded in Saline County Register of Deeds Book: 379, Page: 555;
Thence North 89°54'29" West, a distance of 513.61 feet to the Southwest corner of a parcel recorded
in Saline County Register of Deeds Book: 1209, page: 477;
Thence North 00°33'09" West, a distance of 347.96 feet to the Northeast corner of a parcel recorded
in Saline County Register of Deed Book: 1209, page: 477;
Thence on said South Right -of -Way line on a curve to the Right, having a radius of 28707.87 feet, an
arc length of 522.05 feet, a chord bearing of South 89°54'23" West, and a chord distance of 552.04
feet, to the POINT OF BEGINNING.
Said tract contains 1,118,002.76 square feet, 25.666 acres, more or less.
Parcel 5b (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE
CITY BOUNDARY)
A tract of land located in the Northwest Quarter of Section 35, Township 14 South, Range 3 West of
the 6t' Principal Meridian, Saline County, Kansas, more particularly described as follows:
Commencing at the Northeast Corner of said Northwest Quarter;
Thence on an assumed bearing of South 00°05'09" East on the East line of said Northwest Quarter, a
distance of 1696.31 feet to the POINT OF BEGINNING;
Thence South 89°52'43" West, a distance of 519.42 feet to a point on the centerline of Dry Creek;
Thence South 12'52'13" East on the centerline of Dry Creek, a distance of 32.97 feet;
Thence South 11°37'07" East on the centerline of Dry Creek, a distance of 144.21 feet;
Thence South 04029'24" East on the centerline of Dry Creek, a distance of 90.73 feet;
Thence South 05°30'33" East on the centerline of Dry Creek, a distance of 140.25 feet;
Thence South 08°46'47" East on the centerline of Dry Creek, a distance of 145.30 feet;
Thence South 14'07'13 " East on the centerline of Dry Creek, a distance of 99.03 feet;
Thence South 19°24'04" East on the centerline of Dry Creek, a distance of 159.13 feet;
Thence South 14°12'44" East on the centerline of Dry Creek, a distance of 82.06 feet;
Thence South 07°45' 11" East on the centerline of Dry Creek, a distance of 56.70 feet to the South
line of said Northwest Quarter;
Thence South 89°59'23" East, a distance of 336.87 feet to the Southeast corner of said Northwest
Quarter;
Thence North 00°05'09" West on the East line of said Northwest Quarter, a distance of 930.07 feet
to the POINT OF BEGINNING.
Said tract contains 408,268.12 square feet, 9.3725 acres, more or less.
Parcel 6 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE
CITY BOUNDARY)
A tract of land located in the Northwest Quarter of Section 35, Township 14 South, Range 3 West of
the 6"' Principal Meridian, Saline County, Kansas, more particularly described as follows:
Commencing at the Northwest Corner of said Northwest Quarter;
Thence on an assumed bearing of South 89°54'47" East on the North line of said Northwest Quarter,
a distance of 130.18 feet;
Thence South 00°20'00" East on the East Railroad Right-of-way line, a distance of 43.23 feet to a
point on the South Right -of -Way line recorded in the Saline County Register of Deeds Misc. book:
96, pg: 82, said point being the POINT OF BEGINNING;
Thence South 88°41'33" East on said South Right -of -Way line, a distance of 214.37 feet;
Thence North 01°18'27" East on said South Right -of -Way line, a distance of 17.00 feet;
Thence South 88°41'33" East on said South Right=of--Way line, a distance of 50.00 feet;
Thence South 0I'l8'27" West on said South Right -of -Way line, a distance of 17.00 feet;
Thence South 87°28'33" East on said South Right -of -Way line, a distance of 475.10 feet;
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Thence South 89°55'33" East on said South Right -of -Way line, a distance of 103.18 feet to a
Permanent Easement line recorded in the Saline County Register of Deeds Misc. book: 96, pg: 87;
Thence South 59°58'41 East on said Easement line, a distance of 171.05 feet;
Thence on a curve to the
left, having a radius of 28797.87 feet, an arc length of 200.80 feet, a chord
bearing of South 88°48'46"
East, a chord distance of 200.80 feet;
Thence North 00°59'27"
East continuing on said Easement line, a distance of 89.30 feet to a point on
said South Right -of -Way
line,
Thence South 89°55'33"
East on said South Right -of -Way line, a distance of 47.02 feet;
Thence continuing on said South Right -of -Way line on a curve to the Left, having a radius of
28707.87 feet, an arc length of 185.40 feet, a chord bearing of South 89°17'33" East, a chord
distance of 185.40 feet;
Thence South 00°31'27"
West on said South Right -of -Way line, a distance of 30.00 feet;
Thence continuing on said South Right -of -Way line on a curve to the Left, having a radius of
28737.87 feet, an arc length of 30.10 feet, a chord bearing of South 89°30'33" East, a chord distance
3 0. 10 feet;
Thence North 00°27'27"
East on said Right -of -Way line, a distance of 0.35 feet to the centerline of
Dry Creek;
Thence South 81 °08'09"
East on the centerline of Dry Creek, a distance of 23.01 feet;
Thence South 52'23'12"
East on the centerline of Dry Creek, a distance of 219.86 feet;
Thence South 27°22'56"
East on the centerline of Dry Creek, a distance of 164.03 feet;
Thence South 21°34'53"
East on the centerline of Dry Creek, a distance of 26.28 feet;
Thence South 15°37'44"
West on the centerline of Dry Creek, a distance of 67.04 feet;
Thence South 02158'02"
West on the centerline of Dry Creek, a distance of 37.35 feet;
Thence South 46°59'34"
West on the centerline of Dry Creek, a distance of 65.26 feet;
Thence South 35° 17'41"
West on the centerline of Dry Creek, a distance of 89.38 feet;
Thence South 43°37'21"
West on the centerline of Dry Creek, a distance of 131.83 feet;
Thence South 14°34'39"
West on the centerline of Dry Creek, a distance of 64.18 feet;
Thence South 019 8'17"
West on the centerline of Dry Creek, a distance of 28.31 feet;
Thence South 27°52'23"
East on the centerline of Dry Creek, a distance of 26.19 feet;
Thence South 51°13'46"
East on the centerline of Dry Creek, a distance of 75.44 feet;
Thence South 41'06'48"
East on the centerline of Dry Creek, a distance of 79.39 feet;
Thence South 33°41'20"
East on the centerline of Dry Creek, a distance of 109.28 feet;
Thence South 34°16'28"
East on the centerline of Dry Creek, a distance of 108.89 feet;
Thence South 30°10'59"
East on the centerline of Dry Creek, a distance of 106.40 feet;
Thence South 39°43'39"
East on the centerline of Dry Creek, a distance of 75.83 feet;
Thence South 26°02'09"
East on the centerline of Dry Creek, a distance of 245.31 feet;
Thence South 15018'03"
East on the centerline of Dry Creek, a distance of 127.14 feet;
Thence South 12'52'13"
East on the centerline of Dry Creek, a distance of 115.82 feet;
Thence South 11°37'07"
East on the centerline of Dry Creek, a distance of 144.21 feet;
Thence South 04°29'24"
East on the centerline of Dry Creek, a distance of 90.73 feet;
Thence South 05°30'33"
East on the centerline of Dry Creek, a distance of 140.25 feet;
Thence South 08046'47"
East on the centerline of Dry Creek, a distance of 145.30 feet;
Thence South 14'07'13"
East on the centerline of Dry Creek, a distance of 99.03 feet;
Thence South 19°24'04"
East on the centerline of Dry Creek, a distance of 159.13 feet;
Thence South 14°12'44"
East on the centerline of Dry Creek, a distance of 82.06 feet;
Thence South 07'45'11"
East on the centerline of Dry Creek, a distance of 56.70 feet to the South
line of said Northwest Quarter;
Thence North 89°59'23"
West on said South line, a distance of 2185.38 feet to the East Railroad
Right -of -Way line;
Thence North 00°20'00"
West on the East Railroad Right -of -Way line, a distance of 2586.58 feet to
the POINT OF BEGINNING.
Said tract contains 4,732,112.18 square feet (108.634 acres) more or less.
Parcel 7 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE
CITY BOUNDARY)
A tract of land located in the Southwest Quarter of Section 35, Township 14 South, Range 3 West of
the 60' Principal Meridian, Saline County, Kansas, more particularly described as follows:
Commencing at the Southwest Corner of said Southwest Quarter;
Thence on an assumed bearing of South 89°50'27" East, a distance of 13 3. 10 feet;
Thence North 00120'00" West, a distance of 2647.37 feet to the intersection of the East Railroad
Right -of Way line and the North line of said Southwest Quarter;
Thence South 89°59'23" East on said North line, a distance of 2185.38 feet to the centerline of Dry
Creek and the POINT OF BEGINNING;
Thence South 89°59'23" East on said North line, a distance of 336.87 feet to the Northeast corner of
said Southwest Quarter;
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Thence South 00°05'01"
East on the East line of said Southwest Quarter, a distance of 1267.92 feet
to a point on a line that
is 59.00 feet North of the South line of the North Half of said Southwest
Quarter;
Thence South 89159'23"
Thence North 89°54'56"
West on a line that is 59.00 feet North of said South line, a distance of
505.20 feet to the centerline of Dry Creek;
Thence North 45°29' 12"
East on the centerline of Dry Creek, a distance of 19.48 feet;
Thence North 16152'13"
East on the centerline of Dry Creek, a distance of 58.65 feet;
Thence North 20149'15"
East on the centerline of Dry Creek, a distance of 66.70 feet;
Thence North 01128'45"
West on the centerline of Dry Creek, a distance of 85.97 feet;
Thence North 09°51'52"
West on the centerline of Dry Creek, a distance of 138.24 feet;
Thence North 07107'28"
West on the centerline of Dry Creek, a distance of 208.97 feet;
Thence North 14°11'36"
West on the centerline of Dry Creek, a distance of 133.01 feet;
Thence North 03127'16"
West on the centerline of Dry Creek, a distance of 61.41 feet;
Thence North 16°07'53"
East on the centerline of Dry Creek, a distance of 66.66 feet;
Thence North 38°43'53"
East on the centerline of Dry Creek, a distance of 100.64 feet;
Thence North 28'05'19"
East on the centerline of Dry Creek, a distance of 99.20 feet;
Thence North 32°31'29"
East on the centerline of Dry Creek, a distance of 125.25 feet;
Thence North 16116'22"
East on the centerline of Dry Creek, a distance of 87.32 feet;
Thence North 07142'42"
West on the centerline of Dry Creek, a distance of 55.15 feet;
Thence North 17°02'33"
West on the centerline of Dry Creek, a distance of 42.95 feet;
Thence North 07"45'11 "
West on the centerline of Dry Creek, a distance of 0.18 feet to the POINT
OF BEGINNING.
Thence North 89°54'56"
Said tract contains 574,225.86 square feet (13.182 acres) more or less.
Parcel 8 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE
CITY BOUNDARY)
A tract of land located in the Southwest Quarter of Section 35, Township 14 South, Range 3 West of
the 6`h Principal Meridian, Saline County, Kansas, more particularly described as follows:
Beginning at the Northwest corner of the Wheatridge Addition to Salina Kansas, Saline County,
Kansas;
Thence on an assumed bearing of North 00120'00" West on the East Railroad Right -of -Way line, a
distance of 1019.03 feet to the North line of said Southwest Quarter;
Thence South 89159'23"
East on said north line, a distance of 2185.38 feet to the centerline of Dry
Creek;
Thence South 07'45'11 "
East on the centerline of Dry Creek, a distance of 0.18 feet;
Thence South 17°02'33"
East on the centerline of Dry Creek, a distance of 42.95 feet;
Thence South 07°42'42"
East on the centerline of Dry Creek, a distance of 55.15 feet;
Thence South 16116'22"
West on the centerline of Dry Creek, a distance of 87.32 feet;
Thence South 32°31'29"
West on the centerline of Dry Creek, a distance of 125.25 feet;
Thence South 28105'19"
West on the centerline of Dry Creek, a distance of 99.20 feet;
Thence South 38143'53"
West on the centerline of Dry Creek, a distance of 100.64 feet;
Thence South 16107'53"
West on the centerline of Dry Creek, a distance of 66.66 feet;
Thence South 03°27' 16"
East on the centerline of Dry Creek, a distance of 61.41 feet;
Thence South 14°11'36"
East on the centerline of Dry Creek, a distance of 133.01 feet;
Thence South 07°07'28"
East on the centerline of Dry Creek, a distance of 208.97 feet;
Thence South 09°51'52"
East on the centerline of Dry Creek, a distance of 138.24 feet;
Thence South 01128'45"
East on the centerline of Dry Creek, a distance of 85.97 feet;
Thence South 20149'15"
West on the centerline of Dry Creek, a distance of 66.70 feet;
Thence South 16'52'13"
West on the centerline of Dry Creek, a distance of 58.65 feet;
Thence South 45'29'12"
West on the centerline of Dry Creek, a distance of 19.48 feet to a line 59.00
feet North of the South line of the North Half of said Southwest Quarter;
Thence North 89°54'56"
West parallel to said South line, a distance of 393.30 feet to the East line of
said Wheatridge Addition;
Thence North 00°23'36"
West on the East line of said Wheatridge Addition, a distance of 243.96
feet to the North line of said Wheatridge Addition;
Thence North 89°51' l9"
West on the North line of said Wheatridge Addition, a distance of 1618.00
feet to the POINT OF BEGINNING.
Said tract contains 2,220,091.93 square feet (50.966 acres) more or less.
Parcel 9 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE
CITY BOUNDARY)
That part of the North Half (N '/2 ) of the Southeast Quarter (SE '/a) of Section Thirty-five (35),
Township Fourteen (14) South, Range Three (3) West of the 6`h P.M., lying West of 1-35 Highway,
less a 1.85 acre tract described as follows: Beginning at the Southwest corner of said N '/z of the SE
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'/4; thence Northerly along the West line of said N '/z of the SE '/4 to a point 1379 feet North of the
Southwest corner of the SE '/4 of Section 35; thence Easterly parallel to the South line of said SE '/4
to a point on the westerly right-of-way line I-35 (now 1-135) Highway, said point being 1267.26 feet
West of the East line of said SE 1/4, thence with an angle of 90°02'45" to the right along said right-of-
way line to the South line of said N 'h of the SE '/4; thence Westerly along said South line of said N
'/Z of the SE '/4 to the point of beginning;
The South Twenty (20) feet of the Northeast Quarter (NE 1/4 ) of Section Thirty-five (35), Township
Fourteen (14) South, Range Three (3) West of the 6`h P.M., Saline County, Kansas, lying west of the
right-of-way of Interstate I-13 5.
The above described land contains 1,780,310.41 square feet or 40.870 acres, more or less.
The total benefit fees to be charged to all property within the K.S.A. 12-6a19 Area shall equal approximately
85.3% of the total cost of the Water System Improvements; approximately 29.1% of the total cost of the Street
Improvements; approximately 79.1% of the total cost of the Sanitary Sewer Improvement. The total benefit
fees shall be charged to each Parcel and unplatted tract of land within the K.S.A. 12-6a19 Area equally per acre.
Pursuant to K.S.A. 12-6al9, the benefit fee shall be assessed against the K.S.A. 12-6al9 Area at the time the
owners of property within the K.S.A. 12-6al9 Area request, by petition, to be served by the Water System
Improvements and/or the .Sanitary Sewer Improvements, or at such time as the owners request, by petition to
connect to the Street Improvements (including, but not limited to, a request to make a driveway cut onto the
Street Improvements). The benefit fee shall be assessed only against that portion of the K.S.A. 12-6al9 Area
that is described in such petition requesting service.
The benefit fee shall be due and payable at the time the property begins being served by the Improvement, and
shall be subject to the same interest rate as assessments against the property originally included in the
Improvement District. If the benefit fee is charged after the bonds issued by the City to pay the costs of the
Improvements have been repaid, then the benefit fee shall be paid in one lump sum. If the benefit fee is
charged while the bonds issued by the City to pay the costs of the Improvements are still outstanding, then a
portion of the benefit fee shall be paid in one lump sum (equal to that portion of the bonds that have been
repaid) and the remainder of the benefit fee shall be paid in equal annual installments (equal to that portion of
the bonds that are still outstanding). Any benefit fees paid shall be applied to the City's general bond and
interest fund. .
Section 6. Pursuant to the provisions of K.S.A. 12-6,110 et seq., the City intends to grant to the
owners of Parcel 10, as described in Section 1, a delay in the payment of special assessments for a period of 10
years from the date such special assessments are levied, or until such property is platted or otherwise developed
as described in K.S.A. 12-6,110 et seq.
Section 7. The City Clerk shall file a certified copy of this Resolution with the Register of
Deeds of Saline County, Kansas.
Section 8. This Resolution shall take effect after its passage and publication once in the official
city newspaper.
ADOPTED AND PASSED this 26`h day of April, 20
Aaro G. Peck, Mayor
(SEAL)
Lieu Ann Elsey, CMC, Ci Jerk