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04-6126 Adv Marymount Rd Imp1 1 1 RESOLUTION NUMBER 04-6126 A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS, ON THE ADVISABILITY OF STREET, SIDEWALK AND DRAINAGE IMPROVEMENTS OF SOUTH MARYMOUNT ROAD, BETWEEN CEDAR RIDGE DRIVE AND RIVERRUN PARKWAY. WHEREAS, the Governing Body of the City of Salina, Kansas did on the 25th day of October, 2004 hold a public hearing on the advisability of the following improvements: The curb, guttering, paving, grading, sidewalk construction and drainage of South Marymount Road between Cedar Ridge Drive to RiverRun Parkway. WHEREAS, notice of such hearing was duly published as required by law; and WHEREAS, the Governing Body did on October 25, 2004, find and determine, and does find and determine, in accordance with K.S.A. 12-6a01 et seq., all as hereinafter set forth: NOW, THEREFORE, be it resolved by the Governing Body of the City of Salina, Kansas, that the following findings as to the advisability of certain street, sidewalk and drainage improvements of South Marymount Road between Cedar Ridge Drive and RiverRun Parkway, are hereby made, to wit: Section 1. That it is necessary and in the public interest to make an improvement consisting of- Curbing, f Curbing, guttering, paving, grading, sidewalk construction and drainage of South Marymount Road between Cedar Ridge Drive and RiverRun Parkway of the following benefit district to serve Lots 17-19, Block 1, Lots 1-8, Block 2, Lots 10-12, Block 3, Cedar Ridge Addition, Lots 1-7, Block 1, Lots 1-23, Block 2, Lots 1-5, Block 3, Lots 1-8, Block 4, Lot 1, Block 5 and Lots 1-4, Block 6, RiverRun Addition, Unplatted RiverRun Addition, Unplatted Tract #1, and Unplatted Tract #2 to the City of Salina, Kansas. Section 2. That the estimated and probable cost of such improvement is $282,760.50. Section 3. That the Governing Body hereby further finds and finally determines that the boundaries of the improvement district against which the costs of said improvement shall be assessed are hereby established and fixed as the following legal description: Lots 17 - 19, Block 1, Lots 1 - 8, Block 2 and Lots 10- 12, Block 3, Cedar Ridge Addition to the City of Salina, Saline County, Kansas. Lots 1 - 7, Block 1, Lots 1 - 23, Block 2, Lots 1 - 5, Block .3, Lots 1 - 8, Block 4, Lot 1, Block 5, and Lots 1 - 4, Block 6, RiverRun Addition to the City of Salina, Saline County, Kansas. Unplatted RiverRun Addition: A tract of land to be located in the Northeast Quarter of Section 30, Township 14 South, Range 2 West of the Sixth Principal Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the Northeast Corner of said Northeast Quarter; thence South 00° 29' 20" East, a distance of 1171.12 feet to the point of beginning; - thence South 00° 29'20" East, a distance of 1214.78 feet along the East line of said Section 30; - thence North 75° 08'50" West, a distance of 468.94 feet; - thence North 73° 47'40" West, a distance of 359.85 feet; - thence North 65° 29" 10" West, a distance of 25.80 feet; - thence North 11'50'00" East, a distance of 210.00 feet; - thence North 16° 40'00" West, a distance of 244.00 feet; - thence North 28° 05'00" West, a distance of 287.00 feet; - thence North 15° 50'00" West, a distance of 150.00 feet; - thence North 9° 00'00" West, a distance of 52.90 feet; - thence North 16° 30'00" East, a distance of 54.40 feet; - thence North 41' 50'00" East, a distance of 55.70 feet; . - thence North 45° 40'29" East, a distance of 103.03 feet to the Southwest corner of platted RiverRun Addition; ' _ C.'eafila�.955BImB — thence South 81 ° 17' 11" East along the South side of RiverRun Addition, a distance of 266.74 feet; — thence North 68° 54' 33" East, a distance of 91.81 feet; — thence North 830 37' 11" East, a distance of 90.81 feet; — thence North 70° 20'26" East, a distance of 126.89 feet; — thence North 51 ° 43' 00" East, a distance of 147.93 feet; — thence South 38° 17' 00" East, a distance of 16.71 feet; — thence on a curve to the right with a chord bearing of South 23° 57' 10" East, a chord distance of 235.14 feet, a arc length of 237.61 feet, a radius of 475.00 feet, and a delta of 28° 39'41 "; — thence North 80° 22'41" East, a distance of 117.51 feet to the Southeast Corner of platted RiverRun Addition and back to the point of beginning. The above described tract contains 23.9 acres, more or less. Tract #1: A tract of land located in the Northwest Quarter (NW/4) of Section Twenty-nine (29) in Township Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, Saline County, Kansas, more particularly described as follows: Beginning at the Northwest Corner of said Section Twenty-nine; — thence South 00° 29'20" East, a distance of One thousand Four hundred and Seventy and no hundredths (1470.00) feet; — thence North 89° 49' 41" East, a distance of Six hundred and no hundredths (600.00) feet; — thence North 00° 29'20" West, a distance of Five hundred and no hundredths (500.00) feet; — thence South 89° 49' 41" West, a distance of Four hundred and Fifty and no hundredths (450.00) feet; — thence North 00° 29' 20" West, a distance of Nine hundred Seventy and no hundredths (970.00) feet; — thence South 89°49' 41" West, a distance of One hundred Fifty and no hundredths (150.00) feet, back to the point of beginning; Tract #2: A tract of land in the Southeast Quarter (SE 1/4) of Section Nineteen (19), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, in Saline County, Kansas, described as follows: Beginning at a point on the east line of said Section Nineteen (19), 412.5 feet south of the Northeast corner of the South Half of the Southeast Quarter (S1/2 SE1/4) of said section; thence west along a line parallel with I the South line of said section a distance of 510 feet; thence south 120.0 feet; thence East 200 feet along a line parallel with the South line of said section to a point 313 feet West of the East line of said section; thence in a Northeasterly direction along a straight line to a point 424.5 feet South of the North line of the South Half of the Southeast Quarter (S1/2 SEI/4) of said section (being 12 feet south of the north line of the tract herein described) and 50 feet west of the East line of said Section; thence East along a straight line to a point on the East line of said Section, 12 feet south of the point of beginning; thence North along said line to the point of beginning. Section 4. The method of assessment shall be equally per equivalent residential unit within the benefit district. Section 5. The proposed apportionment of cost between the improvement district and the city -at -large is: 1. 100% of the total cost of the street and drainage improvements, including grading, pavement, curbs and gutters, storm inlets and incidentals thereto to complete the residential street and drainage system shall be assessed against the improvement district. 2. The City shall pay 100% of the total cost of the sidewalk improvements along Marymount Road Section 6. That the advisability of the improvements set forth above is hereby established as authorized by K.S.A. 12-6a01 et sea. Crvafidkle65elme Section 7. The assessment with accrued interest shall be levied as a special tax upon the property included within the benefit district concurrent with the general property taxes and shall be payable in fifteen (15) equal annual installments. Section 8. This resolution shall take effect after its passage. Adopted by the Board of Commissioners and signed by the Mayor this 25`h day of October, 2004. I "4440XI {SEAL} onte Shadwick, Mayor ATTEST: Lieu Ann Elsey, CMC, City C k 1