deeds row us81 adj. to meadowlark acres 4/18/1985KANSAS DEPARTMENT OF TRANSPORTATION
STATE OFFICE BUILDING -TOPEKA, KANSAS 66612
JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor
April 18, 1985
Right of Way
Saline County
81-85 AF 043-1 (1)
C/A 7101 - Tract 2
81-85 PWS 37
C/A 7915 - Tract 6
Donald E. Hoff, P.E.
Assistant City Engineer
City of Salina
P. 0. Box 746
Salina, Kansas 67401
Dear Mr. Hoff:
Enclosed are two quitclaim deeds covering right of way acquired by
the State of Kansas for construction of US -81 adjacent to Meadowlark Acres
Addition No. 3 and American Stores Properties, Inc. This section of US -81
Highway is no longer on the state highway system and, consequently, the
operation of the highway is under the jurisdiction of the City of Salina.
The quitclaim deeds covering the subject right of way are being con-
veyed to the City of Salina in accordance with KDOT S.O.M. 3230.00/02 (copy
attached). Please record the deeds at the Saline County Register of Deeds
Office as soon as possible and return copies of the deeds showing the book
and page numbers to the Bureau of Right of Way Office.
For your convenience, we are enclosing copies of two descriptions
providing for a break in the access control that was acquired for the
original project. The description for Tract 2 (noted in the upper right
hand corner of the page) allows for a 60 foot opening which coincides with
the entrance shown on the plat furnished this office. The description for
Tract 6 provides for a 50 foot opening in the access control that coincides
with the plat for Meadowlark Acres.
If the City of Salina wishes to officially provide for these openings,
a quitclaim deed should be prepared releasing the City's interest in the
access control to the respective property owners. These deeds should be
conveyed after the City records the quitclaim deeds enclosed with this
letter. Please advise if we can be of further assistance.
JK: PRG: pm
Enclosures
cc: R. L. Anderson
District II Engineer
Yours truly,
JOSEPH KRAHN, CHIEF
BUREAU OF RIGHT F WAY
L
WIn, P.E.
Engineering Assistant to
Chief of Right of Way
CITY OF SALINA
SALINE COUNTY
81-85 AF 043-1 (1)
04/11/85
2
AMS, c,es
ALL RIGHT OF ACCESS to and from the abutting public highway over
and across a line in the Southwest Quarter of Section 250 Township
14 South, Range 3 West of the 6th P.M., described as follows:
BEGINNING at a point on the Easterly right of way line of Ninth
Street, 667 feet North of the South line of said Quarter Section,
as measured along said right of way line; thence North 60.0 feet
along said right of way line; also beginning at a point on said
Easterly right of way line, 1,828 feet North of said South line;
thence North 60.0 feet along said right of way line.
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CITY OF SALINA
SALINE COUNTY
81-85 PWS 37
04/11/85
0
ALL RIGHT OF ACCESS to and from the abutting public highway
over and across a line in the South Half of the Southeast
Quarter of Section 26, Township 14 South, Range 3 West of
the 6th P.M., described as follows: BEGINNING at a point
on the West right of way line of Ninth Street, 722.5 feet
North and 83.2 feet West of the Southeast corner of said
Quarter Section; thence South along said right of way line,
50.0 feet.
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KANSAS DEPARTMENT OF TRANSPORTATION
3230.00/02 —I_oF_
® STANDARD OPERATING MANUAL
REFERENCE. EFFECT('
SUBJECTI TRANSFERRING ROAD MAINTENANCE CODE I DATE
TO THE COUNTY/CITY C30 3-6 8-11-8;
DISTRICTS - DirectiveSecary� ans6Artation
I. PURPOSE. To establish the procedures which shall be followed in transferring to
the County/City the maintenance of roads when:
1.1 A former State route has been replaced with a new route.
tion.
1.2 A County/City road has been used by the State as a detour during construc-
1.3 A state route is being removed from the state highway -system.
2. POLICY. It is the policy of the Secretary of the Kansas Department of Transpor-
tation (Secretary) that the District Engineers shall coordinate the transferring to the
County/City the responsibility of road maintenance in accordance with the provisions of
this directive.
3. CANCELLATION. Districts Directive "Turning Back Road Maintenance to the County"
Subject No. 3230.00/01 dated 4-6-81.
® 4. REFERENCE.
4.1 K.S.A. 1982 Supp. 68-406.
5. TURNING A STATE HIGHWAY BACK TO THE COUNTY/CITY.
5.1 When construction is nearing completion, the District Engineer shall review
the old road with the County/City Commission and/or the County/City Engineer. At that
time arrangements should be made to accomplish any required maintenance and the
District Engineer should make additional arrangements for a final review.
5.2 After maintenance has been completed and the new route is to be opened to
traffic, the District Engineer shall notify the County/City Commission in writing,
informing them the date the new route will be opened and that the old route shall become
a County/City maintenance responsibility. D.O.T. Form No. 375, "TURNING BACK ROAD
MAINTENANCE - NOTICE TO THE COUNTY, should be used for this purpose. If the Kansas
Department of Transportation has agreed to make some improvement which is to be
accomplished after turning the route back to the County/City, reference to such
agreement should be added to the D.O.T. Form No. 375.
5.3 When completed the District Engineer shall forward a copy of the "TURNING
BACK ROAD MAINTENANCE - NOTICE TO THE COUNTY" to the Director of Operations, Bureau of
Construction and Maintenance, and Bureau of Right of Way. Upon receipt of this form the
Chief, Bureau of Right of Way shall prepare a quitclaim deed(s) or disclaimer(s),
transferring ownership of all right of way in which the Kansas Department of Transpor-
tation no longer has an interest to the County/City. The prepareld deed(s) or
disclaimer(s) shall be sent to the County Registrar of Deeds Office for recording.
Once recorded, the County Registrar of Deeds Office will forward a copy of the recorded
deed(s) or disclaimer(s), showing book and page numbers, to the Bureau of Right of Way.
The Bureau of Right of Way shall notify the district engineer that the deed(s) or
disclaimer(s) has been transferred and recorded.
TRANSFERRING ROAD
MAINTENANCE TO THE
COUNTY/CITY Subject No. 3230.00/02 Page 2 of 4
6. TURNING BACK A DETOUR TO THE COUNTY/CITY.
6.1 When it is necessary to designate a County/City road as a detour to
be used during construction, an inspection shall be made by the district
engineer and the appropriate representative of the County/City to determine
the existing condition of the roadway, surfacing, drainage structures and
other appurtenances. Any deficiencies or special conditions shall be
documented by the district engineer.
6.2 When construction is nearing completion, the district engineer
shall review the detour with the appropriate representative of the Coun-
ty/City to determine the extent of restoration that will be necessary to
restore the road to a state approximately equal to its' condition prior to
use as a detour. The final determination of the extent of restoration will
be made by the district engineer.
6.3 The
istrict
ineer
representative in writing,lgtelling sthem the hall idatetthat he pthe route shall te become
a County/City maintenance responsibility, D.O.T. Form No. 375, "TURNING BACK
ROAD MAINTENANCE - NOTICE TO THE COUNTY, should be used for this purpose. If
the Kansas Department of Transportation has agreed to make some improvement
which is to be accomplished after turning the route back to the County/City,
reference to such agreement should be added to the D.O.T. Form No. 375.
6.4 When completed the district engineer shall forward a copy of the
"TURNING BACK ROAD MAINTENANCE - NOTICE TO THE COUNTY" to the Director of
Operations and the Chief, Bureau of Construction and Maintenance.
744 REMOVING A,STATEAOUT& FROM-THEwSVSTEMv.
7.1 When
is removed from the State
the District Engineer eshall ereview being e road with the County/CitywComnisseion
and/or the County/City Engineer. At that time arrangements should be made to
accomplish any required maintenance and the District- Engineer should make
additional arrangements for a final review.
7.2 After maintenance has been completed the District Engineer shall
notify the County/City Commission in writing, telling them the date that the
route shall become a County/City maintenance responsibility. D.O.T. Form
No. 375, "TURNING BACK ROAD MAINTENANCE - NOTICE TO THE COUNTY, should be
used for this purpose. If the Kansas Department of Transportation has agreed
to make some improvement which is to be accomplished after turning the route
back to the County/City, reference to such agreement should be added to the
D.O.T. Form No. 375.
mom
TRANSFERRING ROAD
MAINTENANCE TO THE
7.3 When completed the District Engineer shall forward a copy of the
"TURNING BACK ROAD MAINTENANCE - NOTICE TO THE COUNTY" to the Director of
Operations, Bureau of Construction and Maintenance, and Bureau of Right of
Way. Upon receipt of this form the Chief, Bureau of Right of Way shall
prepare a quitclaim deed(s) or disclaimer(s), transferring ownership of all
right of way in which the Kansas Department of Transportation no Ioner has
an hall
be sent interest
to the County yRegistrarh ofepared Deeds Office) or fordirecording s3 sOnce
recorded, the County Registrar of Deeds Office will forward a copy of the
recorded deed(s) or disclaimer(s), showing book and page numbers, to the
Bureau of Right of Way. The Bureau of Riht of Way shall notify the district
engineer that the deed(s) or disclaimer(s? has been transferred and recorded.
8. RESPONSIBILITY.
8.1 Coordinating Engineer: The Coordinating Engineer of the Bureau of
Design shall furnish copies of the Kansas Department of Transportation
Resolution which establishes a new route and which designates the sections of
the old route that will be returned to the County/City to the following:
County/City Commission
County/City Engineer
Chief, Transportation Planning
Chief, Construction and Maintenance
Chief, Rural and Urban Development
Chief, Management Services
Chief, Traffic Engineering
Chief, Right of Way
District Engineer
40 8.2 District Engineer.
to the time
to
begin, theBDistrictoEngineer shall notify tihe on C unty/City Commissionof a new route isuled and/or
County/City Engineer of the following, as applicable:
a. The sections of an existing State route which will
become the maintenance responsibility of the County/City.
b. The County/City road sections which will be designated
as a detour during construction.
to
action to close any local road twhichymust rbeponsibilitpermanently closedkas afficial result
Of construction of the new state route.
n
LJ
'-..4 __� nv. 4e`.rd, I. ..:4�1"y,._..yyyi � � ..: '•re'n.
TRANSFERRING ROAD
MAINTENANCE TO THE
COUNTY/CITY Sub3ect No. 3230.00/02 Pane 4 of 4
8.2.2 In addition, the District Engineer shalt follow the pro-
visions of Paragraph 5, 6 or 7 above, as applicable. In completing the
"TURNING BACK ROAD MAINTENANCE - NOTICE TO THE COUNTY," all copies should be
signed by an appropriate County/City Official and the District Engineer. In
the event the County/City representative elects not to sign the'"TURNING BACK
ROAD MAINTENANCE - NOTICE TO THE COUNTY", the words "and County" shall be
deleted in the second paragraph of the form, and briefly annotated as to the
reason for no signature. The District Engineer should then forward one copy
(blue) to the Division Director of Operations, one copy (yellow) to the
Chief, Bureau of Construction and Maintenance, and one copy (green) to Chief,
Bureau of Right of Nay.
9. DISTRIBUTION:
QZSecretary of Transportation
State Transportation Engineer
Office of Inspector General
Office of Chief Counsel
Special Assistant to the Secretary
Assistant for Project Selection
Division Directors
Bureau Chiefs
District Engineers
District Administrative Officers
Field Engineering Administrators
Area Engineers
Area Superintendents
Construction Engineers
Construction Coordinators
Federal Highway Administration
2