11-6859 East Magnolia Improvement Property Acquisition1
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(Published in the Salina Journal on October Og , 2011.)
RESOLUTION NUMBER 11-6859
A RESOLUTION DECLARING IT TO BE NECESSARY THAT THE CITY
APPROPRIATE CERTAIN PRIVATE PROPERTY FOR THE USE OF THE CITY IN
CONSTRUCTION OF THE EAST MAGNOLIA IMPROVEMENT PROJECT AND
AUTHORIZING THE CITY ENGINEER TO CAUSE A SURVEY AND DESCRIPTION OF
THE AFFECTED PROPERTIES TO BE MADE.
WHEREAS, on August 26, 2009, the Kansas Department of Transportation (KDOT)
informed the City of Salina, Kansas ("City") that, subject to federal funding being available, KDOT
had authorized $1.4 million for project'number 85 U -2301-01—a widening and replacement project
on Magnolia Road, from Ohio Street to east of the flood protection levee (the "Project"); and
WHEREAS, the Agreement provides that the City will, in its own name, acquire the
interests in real property necessary for the Project in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (the "Act"), and administrative
regulations contained in 49 C.F.R. part 24, entitled Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally Assisted Programs (the "Regulations"); and
WHEREAS, the City has entered into a Consulting Services Agreement dated March 28,
2011 ("Supplemental Agreement"), with The Land Company of Bonner Springs, Kansas for
appraisal and acquisition services; and
WHEREAS, on July 18, 2011, the City adopted Resolution Number 11-6842 stating the
policy of the governing body regarding the acquisition of real estate and the payment of relocation
expenses for the Project;. and
WHEREAS, in accordance with Resolution Number 11-6842, the City has, through The
Land Company, as its relocation agent and officer, been actively engaged in negotiations with the
owners of the properties along the East Magnolia Road corridor east of Ohio Street which must be
acquired in their entirety in order to construct the Project (the "Affected Properties"); and
WHEREAS, over the course of the near future the City will continue to be actively engaged
in continued efforts to negotiate acquisition of the Affected Properties.
WHEREAS, in recognition of the possibility that Affected Properties will not be acquired
through negotiations and in recognition of the importance of timely acquisition of the Affected
Properties, the governing body wishes to take the preliminary step under the Kansas Eminent
Domain Procedure Act of declaring the necessity of appropriating private property for construction
of the Project and authorizing the City Engineer to cause the Affected Properties to be surveyed and
described; SO NOW, THEREFORE,
BE IT RESOLVED, by the governing body of the City of Salina, Kansas:
Section 1. It is declared to be necessary for the City to appropriate private property referred
to as the Affected Properties for the use of the City in construction of the Project.
Section 2. The City Engineer is authorized to cause to be made surveys and descriptions
the Affected Properties and to file such surveys and descriptions in the office of the City Clerk.
Section 3. This resolution shall be effective upon its adoption and publication once in the
City's official newspaper.
Adopted by the Board of Commissioners and signed by the Mayor this 17`x' day of October,
2011.
s
Samantha P. Ang 1, Mayor
[SEAL]
TTEST:
Lieu Ann Elsey, City Clerk
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