02-10115 Levy AssessmentsC11111e,11d S1111
(Published in the Salina Journal on December, 2002)
ORDINANCE NUMBER 02-10115
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON LOTS, PIECES AND
PARCELS OF GROUND IN THE CITY OF SALINA, KANSAS FOR THE PURPOSE OF
PAYING A PORTION OF THE COST OF CERTAIN IMPROVEMENTS IN THE CITY.
WHEREAS, the governing body of the City of Salina, Kansas (the "City"), by Resolution No.
01-5770 authorized the construction of the following project (the "Project"):
PROJECT NO. 01-1264
NORTH OHIO UTILITY EXTENSIONS
The installation of a 12" water main along North Ohio Street from a point approximately 875
feet north of Stimmel Road to a point approximately 3,300 feet north of Stimmel Road.
The installation of a submersible wastewater pump station on Ohio Street at a point
approximately 1,500 feet north of Stimmel Road, installation of a gravity sanitary sewer main
along North Ohio Street from the pump station to a point approximately 3,260 feet north of
Stimmel Road.
WHEREAS, the final cost of the Project is $443,252.12 and the costs being assessed to the
hereinafter described property liable for such assessment is $398,926.91.
WHEREAS, a public hearing on the assessments was held by the governing body of the City and
notice of the hearing was duly published in the official City newspaper and mailed to the owners of the
property liable for such assessments, all pursuant to K.S.A. 12-6a09.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Special assessments to pay the cost of the Project are hereby levied against the
several lots, pieces and parcels of land liable for special assessments for said Project, as follows:
Project No. 02-1264
North Ohio Utility Extensions
Tract #1 (0 1003) A parcel of land located in the East half of the Northeast Quarter (NE 1/4)
of Section Thirty-six (36), Township Thirteen (13) South, Range Three
(3) West of the 6"' P.M., Saline County, Kansas, more particularly
described s follows: Commencing at the Southeast comer of the said NE
'/4; thence West along the South line of said NE '/4 a distance of 700.93
feet to the point of beginning; thence continuing west along said South
line a distance of 620.55 feet; thence North parallel with the East line of
said NE'/4 a distance of 506.66 feet to a point on Interstate 70 right-of-
way; thence Northeasterly along said Interstate 70 right-of-way a distance
of 728.83 feet; thence South and parallel with said East line of NE '/4 a
distance of 889.77 feet to a point on said South line of the NE '/4 to the
point of beginning. Said parcel of land contains 433,172 square feet,
moreor less.............................................................................................. $143740.42
Tract #2 (00997) A parcel of land located in the Northeast Quarter (NE '/4) of the Southeast
Quarter (SE '/4) of Section Thirty -Six (36), Township Thirteen (13)
South, Range Three (3) West of the 6r'' P.M., Saline County, Kansas,
more particularly described as follows: Commencing at the Northeast
corner of said SE `/4; thence West along the North line of said SE '/4 a
distance of 700.93 feet to the point of beginning; thence continuing West
along said North line a distance of 606.57 feet; thence South parallel with
the East line of said SE '/4 a distance of 1325.00 feet; thence East a
distance of 616.57 feet; thence North parallel with said East line of said
SE '/4 a distance of 1318.76 feet to the point of beginning. Said parcel of
land contains 808,422 square feet, more or less.......................................$27,509.81
Tract #3 (00997) A parcel of land located in the Southeast Quarter (SE '/4) of the Southeast
Quarter (SE '/4) of Section Thirty -Six (36), Township Thirteen (13)
South, Range Three (3) West of the 6t' P.M., Saline County, Kansas,
more particularly described as follows: Commencing at the Northeast
corner of said SE '/4 of the SE '/4; thence West along the North line of said
SE '/4a distance of 700.93 feet to the point of beginning; thence South
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parallel with the East line of said SE'/4 a distance of 370.00 feet; thence
in a Northwesterly direction to a point on the West line of said SE '/4 of
the SE '/4, said point being 330.00 feet South of the Northwest corner of
said SE '/4; thence North along said West line of said SE '/a of the SE '/4
a distance of 330.00 feet; thence East along the North line of said SE '/4
of the SE '/4 a distance of 616.57 feet to the point of beginning. Said
parcel of land contains 215,800 square feet, more or less . .......................$7,343.46
Tract #4 (00997) A parcel of land located in the Southeast Quarter (SE '/4) of the Southeast
Quarter (SE '/4) of Section Thirty -Six (36), Township Thirteen (13)
South, Range Three (3) West of the 6"' P.M., Saline County, Kansas,
more particularly described as follows: Commencing at the Northeast
corner of said SE '/4 of the SE '/4; thence West along the North line of said
SE'/4 a distance of 37.50 feet to a point on Ohio Street right-of-way and
to the point of beginning; thence West along the North line of said SE '/4
a distance of 663.43 feet; thence South parallel with the East line of the
said SE'/4 a distance of 370.00 feet; thence in a Southeasterly direction
to a point on the Ohio Street right-of-way, said point being 37.50 feet
West and 390.00 feet South of said Northeast corner; thence North
parallel with said East line a distance of 390.00 feet to the point of
beginning. Said parcel of land contains 252,103 square feet, more or
less............................................................................................................ $21,286.23
Tract #6 (00997) A parcel of land located in the Northeast Quarter (NE '/4) of the Southeast
Quarter (SE '/4) of Section Thirty -Six (36), Township Thirteen (13)
South, Range Three (3) West of the 6`h P.M., Saline County, Kansas,
more particularly described as follows: Commencing at the Northeast
corner of said SE '/4; thence West along the North line of said SE '/4a
distance of 37.50 feet to the point of beginning; thence continuing West
along said North line a distance of 663.43 feet; thence South parallel with
the East line of said SE '/4 a distance of 1318.76 feet; thence East a
distance of 663.43 feet to a point on the Ohio Street right-of-way line;
thence North parallel with said East line of said SE '/4 a distance of
210.00 feet; thence West at right angles to said East line of said SE '/4 a
distance of 391.65 feet; thence North parallel with the East line of said
SE '/4 a distance of 354.00 feet; thence East at right angles to said East
line of said SE'/4 a distance of 391.65 to a point on the Ohio Street right-
of-way; thence North parallel with said East line of said SE '/4 a distance
of 748.00 feet to the point of beginning. Said parcel of land contains
734,018 square feet, more or less.............................................................$61,976.56
Tract #7 (01003) A parcel of land located in the East half of the Northeast Quarter (NE '/4)
of Section Thirty-six (36), Township Thirteen (13) South, Range Three
(3) West of the 6"' P.M., Saline County, Kansas, more particularly
described as follows: Commencing at the Southeast comer of the said NE
'/4; thence West along the South line of said NE '/4 a distance of 60.00 feet
to the point of beginning; thence North along Ohio Street right-of-way
parallel with the East line of said NE '/4 a distance of 414.28 feet; thence
continuing in along Ohio Street right-of-way a distance of 85.84 feet;
thence West parallel to the South line of said NE '/4 a distance of 454.60
feet; thence North parallel with said East line a distance of 45 8. 10 feet to
a point on Interstate 70 right-of-way; thence Southwesterly along said
Interstate 70 right-of-way a distance of 111.91 feet; thence Southwesterly
along said Interstate 70 right-of-way a distance of 84.06 feet; thence
South and parallel with said East line of NE '/4a distance of 889.77 feet
to a point on said South line of the NE '/4; thence East along said South
line of said NE '/4a distance of 640.93 feet to the point of beginning. Said
parcel of land contains 398,359 square feet, more or less ........................$33,635.31
Tract #8 (01004) A parcel of land located in the East half of the Northeast Quarter (NE '/4)
of Section Thirty-six (36), Township Thirteen (13) South, Range Three
(3) West of the 6"' P.M., Saline County, Kansas, more particularly
described as follows: Commencing at the Southeast comer of the said NE
'/4; thence West along the South line of said NE '/4 a distance of 60.00
feet; thence North along Ohio Street right-of-way parallel with the East
line of said NE '/4 a distance of 414.28 feet; thence in a Northwesterly
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direction along said Ohio Street right-of-way a distance of 85.84 feet to
the point of beginning; thence West parallel to the South line of said NE
'/4 a distance of 454.60 feet; thence North parallel with said East line a
distance of 45 8. 10 feet to a point on Interstate 70 right-of-way; thence
Northeasterly along said Interstate 70 right-of-way a distance of 429.70
feet to a point on the Ohio Street right-of-way; thence in a Southeasterly
direction along said Ohio Street right-of-way a distance of 549.99 feet to
the point of beginning. Said parcel of land contains 220,964 square feet,
moreor less.............................................................................................. $18,657.02
Tract #9 (25009) A parcel of land located in the Southwest Quarter (SW '/4) of Section
Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of
the 6th P.M., Saline County. Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW '/4; thence South
along the West line of said SW '/4 a distance of 1237.92 feet; thence East
parallel with the North line of said SW '/4 a distance of 60.00 feet to the
point of beginning, said point being on the East right-of-way line of Ohio
Street; thence East parallel with the North line of said SW '/4 a distance
of 640.93 feet; thence South and parallel with the West line of said SW
'/4 a distance of 535.00 feet; thence West parallel with said North line of
said SW '/4 a distance of 640.93 feet to point on the East right-of-way
line of Ohio Street; thence North parallel with said West line a distance
of 535, .00 feet, to the point of beginning. Said described parcel of land
contains 342,898 square feet, more or less . ............................................$28,952.47
Tract #10 (27713) A parcel of land located in the Southwest Quarter (SW '/4) of Section
Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of
the 6th P.M., Saline County. Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW '/4 ; thence South
along the West line of said SW '/4 a distance of 618.96 feet; thence East
parallel with the North line of said SW '/4 a distance of 60.00 feet to the
point of beginning, said point being on the East right-of-way line of Ohio
Street; thence East parallel with the North line of said SW '/4a distance
of 640.93 feet; thence South and parallel with the West line of said SW
'/4 a distance of 618.96 feet; thence West parallel with said North line of
said SW '/4 a distance of 640.93 feet to a point on the East right-of-way
line of Ohio Street; thence North parallel with said West line of said SW
'/4 a distance of 618.96 feet, to the point of beginning. Said described
parcel of land contains 396,710 square feet, more or less . ..................... $33,496.07
Tract #11 (27712) A parcel of land located in the Southwest Quarter (SW '/4) of Section
Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of
the 6th P.M., Saline County, Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW '/4 ; thence South
along the West line of said SW '/4 a distance of 250.00 feet; thence East
parallel with the North line of said SW '/4 a distance of 60.00 feet to the
point of beginning, said point being on the East right-of-way line of Ohio
Street; thence East parallel with the said North line of said SW '/4 a
distance of 640.93 feet; thence South and parallel with the West line of
said SW '/4a distance of 368.96 feet; thence West parallel with said North
line of said SW '/4 a distance of 640.93 feet to a point on the East right-
of-way line of Ohio Street; thence North parallel with said West line a
distance of 368.96 feet, to the point of beginning. Said described parcel
of land contains 236,478 square feet, more or less . ................................$19,966.94
Tract #12 (29122) Lot 1, Block 1, Lindfors Addition to the City of Salina, Saline County,
Kansas. Said described parcel of land contains 160,233 square feet, more
orless..................................................................................................... $13,529.22
Tract #13 (29575) A parcel of land located in the Southwest Quarter (SW '/4) of Section
Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of
the 6th P.M., Saline County. Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW V4 ; thence South
along the West line of said SW '/4 a distance of 1772.92 feet; thence East
parallel with the North line of said SW '/4 a distance of 700.93 feet to the
point of beginning; thence North and parallel with the West line of said
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SW '/4a distance of 1772.92 feet to a point on said North line; thence
East along said North line of said SW '/4a distance of 700.93 feet; thence
South parallel with the West line of said SW '/4 a distance of 1327.08
feet; thence in a Southwesterly direction a distance of 831.05 feet, to the
point of beginning. Said described parcel of land contains 1,086,442
square feet, more or less.........................................................................$36,970.55
Tract #14 (29574) A parcel of land located in the Northwest Quarter (NW '/4) of Section
Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of
the 6"' P.M., Saline County, Kansas, more particularly described as
follows: Commencing at the Southwest corner of said Northwest Quarter
(NW '/4); thence East along the South line of said NW '/a a distance of
747.50' to the point of beginning; thence North parallel with the West
line of said NW '/4 a distance of 60.00 feet; thence East parallel with the
South line of said NW '/4 a distance of 160.00 feet; thence North parallel
with said West line of said NW '/4 a distance of 520.00 feet; thence West
parallel with said South line of said NW '/4 a distance of 160.00 feet;
thence North parallel with said West line a distance of 1212.94 feet to a
point on Interstate 70 right-of-way; thence in a Northeasterly direction
along said Interstate 70 right-of-way a distance of 823.43 feet; thence
South parallel with said West line of the NW '/4 a distance of 2224.58 feet
to a point on the South line of said NW '/4; thence West along said South
line of said NW '/4 a distance of 700.93 feet to the point of beginning.
Said described parcel contains 1,324,800 square feet, more or less........ $453081.64
Tract #16 (00587) A parcel of land located in the Northwest Quarter (NW '/4) of Section
Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of
the 6t" P.M., Saline County, Kansas, more particularly described as
follows: Commencing at the Southwest corner of said Northwest Quarter
(NW '/4); thence North on the west line of said NW '/4 a distance of
624.42 feet; thence East parallel with the South line of said NW '/4 a
distance of 76.89 feet to the point of beginning; thence Northeasterly
along platted Ohio Street right-of-way a distance of 425.00 feet to a point
on Interstate 70 right-of-way; thence Northeasterly along said Interstate
70 right-of-way a distance of 965.50 feet; thence Northeast along said
Interstate right-of-way a distance of 22.42 feet; thence South parallel with
the West line of said NW '/4 a distance of 932.94 feet; thence West
parallel with the South line of said NW '/4 a distance of 425.00 feet;
thence South parallel with the West line of said NW '/4 a distance of
235.58 feet; thence West parallel with the South line of said NW '/4 a
distance of 245.61 feet, back to the point of beginning. Said described
parcel is a Northerly portion of Lot 1, Block 1 of Flying J Subdivision,
to the City of Salina, Saline County, Kansas, and contains 423,774 square
feet, more or less......................................................................................$35,781.21
** GRAND TOTAL ** $398,926.91
Section 2. That the owners of Tracts 2, 3, 4, 6, 9, 10, 11, 13 and 14 have requested a deferral
of the special assessments levied on said tracts hereunder; said tracts qualify under K.S.A. 12-6,110 et
seq. for a deferral of special assessments; and the City hereby grants a deferral of the special
assessments levied hereunder on said tracts for a period of 15 years or until such property is platted or
developed, whichever occurs first.
Section 3. Except as provided in Section 2, said amounts so levied, apportioned and assessed
as aforesaid will be due and collectible in fifteen equal installments, the first becoming due with the
taxes levied for the year 2003, and one of said installments falling due each and every year thereafter
until all are paid and all to be collected with interest as in this ordinance provided; HOWEVER, that
the owner of any piece or parcel of property liable for any such assessments may redeem his property,
in whole or in part, from such liability by paying to the City Treasurer the entire amount, or a portion
thereof, chargeable against the same, as in this ordinance provided, at any time within thirty days after
the first publication of this ordinance and before the issuance of bonds of said City in payment of the
balance of the cost of said improvements, and to the extent of any such payment, the property so paid
on shall not thereafter be liable for any further assessments for the cost of said improvements, nor for
any part of said bonds.
Section 4. There is hereby levied further and assessed against such lots and pieces of ground
described in this ordinance, interest at such rate per annum as shall be borne by bonds hereinafter to be
4
nsoliand Salm,
issued for the payment of the remaining unpaid cost of such improvements to be hereafter determined
and fixed by ordinance. Interest on the assessments shall begin to accrue in accordance with Section
3 above.
Section 5. This Ordinance shall take effect from and after its passage and publication in the
official City newspaper.
Introduced: November 25, 2002
Pass --December 2, 2002
{SEAL}
ATTEST: tstinM. eato , Mayor
Lieu Ann Nicola, City Clerk