04-6127 Auth Marymount Rd Imp1
(Published in the Salina Journal on October A, 2004)
RESOLUTION NUMBER 04-6127
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS, AUTHORIZING STREET, SIDEWALK AND DRAINAGE IMPROVEMENTS OF
SOUTH MARYMOUNT ROAD, BETWEEN CEDAR RIDGE DRIVE AND RIVERRUN
PARKWAY.
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WHEREAS, the Governing Body of the City of Salina did 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 and RiverRun Parkway.
Said public hearing was held on October 25, in Room 107, City County Building, 300 W.
Ash, Salina, Kansas as required by K.S.A. 12-604; and
WHEARAS, said public hearing was adjourned on the 25th day of October, 2004; and
WHEREAS, notice of such hearing was duly published as required by K.S.A. 12-604;
and
WHEREAS, the Governing Body has heretofore on the 25th day of October, 2004, duly
adopted a resolution finding and determining that said improvement was advisable; and
WHEREAS, six months have not elapsed since the final adjournment of said public
hearing.
NOW, THEREFORE, be it resolved by the Governing Body of the City of Salina,
Kansas, that the following improvement is hereby authorized and ordered to be made in accordance with
the findings of the governing body upon the advisability of the improvement as follows:
Section 1. That it is necessary and in the public interest to make an improvement
consisting of:
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 Governing Body hereby further finds and finally determines that the
boundaries of the improvement district against a portion of 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;
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— thence North 410 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;
— 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 380 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 SE 1/4) of said section; thence west along a line parallel with
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
(Sl/2 SE1/4) 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 3. That the estimated and probable cost of such improvement is $282,760.50.
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:
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.
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2. The City shall pay 100% of the total cost of the sidewalk improvements along
Marymount Road
Section 6. 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 7. The improvement shall not be commenced if, within 20 days after publication
of this resolution, written protest signed by both 51% or more of the resident owners of record of
property within the improvement district and the owners of record of more than half of the total area
of said district are filed with the City Clerk.
Section 8. That for the purpose of providing funds to pay the cost of such improvements
until bonds can be issued therefore, the Mayor and City Clerk be and they are hereby authorized to
execute temporary notes for the City of Salina, Kansas, as provided by K.S.A. 10-123 and 12-6a04, not
to exceed the aggregate provided by law. Such temporary notes may be issued by Resolution from time
to time as required during the progress of the work on the improvements herein recited. Such temporary
notes shall be in the form and executed as provided by law.
Section 9. That 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 which have been properly certified by the City Engineer, so
long as the aggregate payments do not exceed the total contract price.
Section 10. That the City expects to incur capital expenditures on and after the date of
adoption of this Resolution (the "Expenditures") in connection with such .improvements, and intends
to reimburse itself for such Expenditures with the proceeds of said bonds or temporary notes in an
amount which, depending on the date of issuance of said bonds or temporary notes, may aggregate a
maximum of $282,760.50, the anticipated cost of such improvements, plus costs of issuance and plus
costs of interest on any temporary financing.
Section 11. This resolution shall become effective upon its publication in the official city
newspaper.
Adopted and approved by the Board of Commissioners and signed by the Mayor this 25th
day of October, 2004.
{SEAL} Monte Shadwick, Mayor
ATTEST:
VIV-16� j
Lieu Ann Elsey, CMC, City Cl