06-6283 Utility Improvements - West Grand Avenue(Published in the Salina Journal on June, 2006)
RESOLUTION NUMBER 06-6283
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION 06-6280, SETTING FORTH
FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS ON THE ADVISABILITY OF AND AUTHORIZING THE CONSTRUCTION OF
Z CERTAIN IMPROVEMENTS PURSUANT TO K.S.A. 12-601 et seq.
w
WHEREAS, a petition was filed with the City Clerk for the City of Salina, Kansas (the "City") on
U June 1, 2006, proposing certain improvements pursuant to K.S.A. 12-6a0I et seq. (the "Petition"); and
WHEREAS, the Petition sets forth: (a) the general nature of the proposed improvements; (b) the
estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district
to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the
proposed apportionment of the cost between the improvement district and the City at large; and (f) a request
that such improvements be made without notice and hearing as required by K.S.A. 12-604(a); and
WHEREAS, all the owners of record of property located within the proposed improvement district
have signed the Petition; and
WHEREAS, no signatures have been withdrawn from the petition before the Governing Body began
consideration of the Petition; and
WHEREAS, K.S.A. 12-6a04 provides that the Governing Body may authorize and order public
improvements without notice and hearing after a sufficient petition has been filed; and
WHEREAS, the City adopted Resolution No. 06-6280 authorizing and ordering certain public
improvements and creating the West Grand Improvement District; and
WHEREAS, Section 1 of Resolution No. 06-6280 inadvertently omitted provisions for the assessment
of benefit fees against property not included in the original improvement district pursuant to K.S.A. 12-6al9;
and
WHEREAS, the proposed amendment to Section 1 of Resolution No. 06-6280 does not affect the
rights of property owners who signed the Petition; and
WHEREAS, the Governing Body hereby finds it necessary and desirable to amend Section 1 of
Resolution No. 06-6280.
NOW THEREFORE, BE IS RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS, AS FOLLOWS:
Section 1. The Governing Body hereby finds it necessary and desirable to amend Section 1 of
Resolution No. 06-6280 as follows:
"Section 1. The Governing Body hereby finds that the Petition is sufficient, and
further finds and determines that it is necessary and advisable to make the following
improvements:
(a) The nature of the improvements are as follows:
The installation of approximately 3000 lineal feet of 12" water main, fire
hydrants, valves, fittings, and necessary incidentals.
(the "Improvements").
(b) The estimated cost of the Improvements is:
Two Hundred Ninety Thousand Seventy Six Dollars and 00/100 ($290,076.00).
(c) The boundaries of the improvement district to be assessed are:
Lots 1 & 2, Block 1, King Industries Subdivision to the City of Salina, Saline
County, Kansas
Unplatted Tract #1 (Tract 6): A tract of land located in the North Half (N1/2) of
the Northwest Quarter (NWl/4) of Section Eleven (11) Township Fourteen (14)
South Range Three (3) West of the Sixth Principal Meridian, in the City of
Salina, Saline County, Kansas, which is more particularly described as follows:
Commencing at the Northwest corner of the North Half of the
Northwest Quarter of said Section Eleven; thence on an assumed
bearing of S 89°40'42" E along the North line of the North Half of the
Northwest Quarter of said Section Eleven for a distance of 1654.37 feet
to a point on the East line of King Industries Subdivision, said point
being the Point of Beginning;
- thence continuing S 89°40'42" E along said North line for a
distance of 764.43 feet to a point on the West line of a tract of
land known as 1124 West Grand Avenue, recorded in Book 367
Page 914 in the Saline County Register of Deeds;
w - thence S 00°00'00" E along said West line for a distance of
1286.26 feet to a point on the North line of Grand Avenue;
- thence N 89°41'28" W along said North line for a distance of
764.43 feet to a point on the East line of King Industries
Subdivision;
U
- thence N 00°00'00" E along said East line for a distance of
1286.43 feet to the Point of Beginning.
Unplatted Tract #2 (Tract 713): A tract of land located in the North Half (N1/2)
of the Northwest Quarter (NW1/4) of Section Eleven (11) Township Fourteen
(14) South Range Three (3) West of the Sixth Principal Meridian, in the City of
Salina, Saline County, Kansas, which is more particularly described as follows:
Commencing at the Northwest corner of the North Half of the
Northwest Quarter of said Section Eleven; thence on an assumed
bearing of S 89°40'42" E along the North line of the North Half of the
Northwest Quarter of said Section Eleven for a distance of 220.00 feet
to a point on the East line of the levee right of way, said point being the
Point of Beginning;
- thence continuing S 89°40'42" E along said North line for a
distance of 934.37 feet to a point on the West line of King
Industries Subdivision;
- thence S 00°00'00" E along said West line for a distance of
1286.54 feet to a point on the North line of Grand Avenue;
- thence N 89°41'28" W along said North line for a distance of
944.21' to a point on the East line of said levee right of way;
- thence N 00'26'17" E along said East line for a distance of
1286.73' to the point of beginning.
Unplatted Tract #3 (9): As described in book 362 Page 160 Saline County
Register of Deeds.
A tract of land in Saline County, Kansas, in the Southwest Quarter (SWI/4) of
the Northwest Quarter (NW 1/4) of Section Eleven (11), Township Fourteen (14)
South, Range Three (3) West of the Sixth Principal Meridian, described as
follows: Using the West line of said Section as being true North, starting at a
point on the East-West Quarter Section line of said Section, S 89'41'15" E a
distance of 379.44 feet; thence N 00°00'00" W a distance of 1316.64 feet to the
North line of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4)
of the Northwest Quarter (NW1/4) of said Section 11; thence S 89°39'58" E
along said line a distance of 198.50 feet to the point of beginning of the tract;
thence continuing along said line a distance of 478.08 feet; thence S 00°00'00"
W a distance of 658.26 feet to the North line of the Southwest Quarter (SWI/4)
of the Southwest Quarter (SWI/4) of the Northwest Quarter (NW1/4) of said
Section 11; thence N 89°40'36" W along said line a distance of 478.08 feet;
thence N 00°00'00" E a distance of 658.26 feet to the point of beginning
(the "Improvement District").
(d) The method of assessment shall be:
Each lot and unplatted Tract in the Improvement District shall be assessed
equally per square foot.
(e) The apportionment of cost between the Improvement District and the city at
large is:
Fifty-eight and one-half percent (58.5%) of the total cost of the water system
improvements lying west of the centerline of the West Dry Creek channel shall
be paid by the Improvement District. Forty-one and one-half percent (41.5%) of
the total cost of the water system improvements lying west of the centerline of
the West Dry Creek channel and one hundred percent (100%) of the total cost of
the water system improvements lying east of the centerline of the West Dry
Creek channel shall be paid by the city -at -large.
(f) Pursuant to the provisions of K.S.A. 12-6al9, there is additional property that
benefits from the Improvements, but is not included within Improvement District
referenced in paragraph (c) herein because the property is currently outside the
City limits. The City intends to charge benefit fees in the manner set forth in
K.S.A. 12-6a19 for any owner of property within the tracts of land shown on the
map attached hereto as Exhibit A, referenced as the "Cost Recovery Area," and
legally described as follows:
Tract #1
Lot Five (5) Block One (1) of Hixson-Lehenbauer Subdivision P.U.D. in Saline
County Kansas containing 4.582 acres more or less.
U
Tract #2
Lots One (1), Two (2), Three (3) and Four (4) in Block One (1) and Lots Two (2),
Three (3), Four (4) and Five (5) in Block Two (2) of Hixson-Lehenbauer
Subdivision P.U.D., in Saline County, Kansas.
And
A tract of land described in Saline County register of deeds Book 383 Page 542 as
follows:
A tract of land located in the North Half of the Northeast Quarter (N1/2 NEI/4) of
Section Eleven (11), Township Fourteen (14) South, Range Three (3) West of the 6t"
Principal Meridian, in Saline County,
Beginning at the Southeast corner of the North Half of the Northwest Quarter of said
Section thence N00°34' 11 "W a distance of 448.34' to the point of beginning,
-thence S89°04'20"E a distance of 6.04'
-thence NI 1'19'38"W a distance of 32.33'
-thence S00°34'00"E a distance of 31.6' to the point of beginning.
Containing 95.3 sq. ft. more or less.
The above tracts described in meets and bounds as follows.
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of
Section Eleven (11), Township Fourteen (14) South, Range Three (3) West of the 6`h
Principal Meridian, Saline County, Kansas, more particularly described as follows:
Commencing at the Southwest corner of the North Half of the Northeast Quarter of
said Section Eleven;
Thence along the West line of said Northeast Quarter on the platted bearing from the
Final Plat of Hixson-Lehenbauer Subdivision P.U.D. N 00°34'00" W a distance of
448.33 feet to a point on the South line of Lot Two (2) Block Two (2) of said Final
Plat of Hixson-Lehenbauer Subdivision P.U.D. extended West, said point being the
point of beginning,
Thence continuing N 00°34'00" W along said West line for a distance of 489.17 feet
to the Northwest corner of Lot Four (4) said Block Two (2);
Thence N 89'28'10" E along the North line of said Lot Four (4) for a distance of
93.65 feet to the Southwest corner of Lot Five (5) said Block Two (2);
Thence N 00°32'50" W for a distance of 122.18 feet to the Northwest corner of said
Lot Five (5);
Thence S 89°15'40" E along the North line of said Lot Five (5) and Lot Four (4)
Block One (1) of said Final Plat of Hixson-Lehenbauer Subdivision P.U.D. for a
distance of 605.34 feet to the Northeast corner of said Lot Four (4) Block One (1);
Thence S 08°10'50" W along the East line of Lots Four (4), Three (3) and Two (2)
of said Block One (1) for a distance of 453.89 feet to a point on the North line of Lot
One (1) said Block One (1);
Thence N 89°58'30" E along the North line of said Lot One (1) extended for a
distance of 40.67 feet;
Thence S 00'08'10" W for a distance of 71.64 feet;
Thence N 89°51'50" W for a distance of 20.00 feet;
Thence S 00'08'10" W for a distance of 50.00 feet;
Thence N 89°51'50" W for a distance of 37.84 feet to a point on the East line of said
Lot One (1);
Thence S 08°10'50" W along the East line of said Lot One (1) for a distance of
90.87 feet;
Thence S 89°58'30" W for a distance of 140.97 feet;
Thence S 00°01'30" E for a distance of 390.18 feet to a point on the South line of
the North Half of the Northeast Quarter of said Section Eleven;
Thence S 89°46'40" W along said South line for a distance of 40.00 feet to the
center line of an access road extended;
Thence N 00°01'30" W along said centerline for a distance of 439.96' to the
Southeast corner of Lot Two (2) said Block Two (2);
Thence N 89°04'20" W along the South line of said Lot Two (2) Block Two (2) and
extension thereof for a distance of 359.86 feet to the point of beginning.
z The above described tract contains 9.60 acres more or less, 0.03 acres more or less
W of which is subject to a 30 foot county roadway easement.
y Tract #3
As described on survey by Paul H. Sweeney Engineer October 1957
U
A tract of land lying in the South Half (S1/2) of the Northwest Quarter (NW 1/4) of
the Northeast Quarter (NEI/4) of Section Eleven (11), Township Fourteen (14)
South, Range Three (3) West of the Sixth Principal Meridian, in Saline County,
Kansas, being more particularly described as follows:
Beginning at a point on the North line of West Grand Avenue intersected by the
West line of the Right -of -Way condemned by the State of Kansas for the new
channel of Dry Creek, thence West 75 feet to the west side of a utility pole, thence
North 325 feet, thence East to the West line of said Dry Creek Right -of -Way, thence
along said Right -of -Way to the point of beginning, containing one (1) acre more or
less.
Tract #4
Lot One (1) in Block Two (2) of Hixson-Lehenbauer Subdivision P.U.D. in Saline
County Kansas.
And
A tract of land described in Saline County register of deeds Book 383 Page 541 as
follows:
A tract of land located in the North Half of the Northeast Quarter (NI/2 NEI/4) of
Section Eleven (11), Township Fourteen (14) South, Range Three (3) West of the 6"'
Principal Meridian, in Saline County,
Beginning at the Southeast corner of the North Half of the Northwest Quarter of said
Section -thence N89°46'40"E a distance of 91.32'
-thence NI 1'19'38"W a distance of 456.76'
-thence N89°04'20"W a distance of 6.04'
-thence S00°34'00"E a distance of 448.34' to the point of beginning.
Containing .5 acres more or less.
The above tracts described in meets and bounds as follows.
A tract of land located in the North Half of the Northeast Quarter (N1/2 NEI/4) of
Section Eleven (11), Township Fourteen (14) South, Range Three (3) West of the 6"'
Principal Meridian, Saline County, Kansas, more particularly described as follows:
Beginning at the Southwest corner of the North Half of the Northeast Quarter of said
Section Eleven;
Thence along the West line of said Northeast Quarter on the platted bearing from the
Final Plat of Hixson-Lehenbauer Subdivision P.U.D. N 00°34'00" W for a distance
of 448.33 feet to a point on the North line of Lot One (1), Block Two (2), of said
Final Plat of Hixson-Lehenbauer Subdivision P.U.D. extended west;
Thence S 89°04'20" E along said North line for a distance of 417.03 feet to the
Northeast corner of said Lot One (1);
Thence S 00°01'30" E along the East line of said Lot One (1) for a distance of
439.96 feet to a point on the South line of said North Half of the Northeast Quarter;
Thence S 89°46'40" W along said South line for a distance of 412.77 feet to the
point of beginning.
The above described tract contains 4.23 acres more or less, 0.28 acres more or less
of which is subject to a 30 foot county roadway easement along its south line.
Tract #5
A tract of land Situated in the Northwest Quarter (NW 1/4) of Section Eleven (11),
Township Fourteen (14) South, Range Three (3) West of the Sixth Principal
Meridian, in Saline County, Kansas, which is more particularly described as follows:
Commencing at the Southeast corner of the North Half of the Northwest Quarter
(N1/2 NW1/4) of said Section Eleven (11);
C!
Thence N 00°09'41" W along the East line of the North Half of the Northwest
Quarter (N1/2 NW1/4) of said Section Eleven (11) for a distance of 30.00 feet to the
North line of West Grand Avenue, said point being the point of beginning;
Thence N 89°41'28" W along said North line for a distance of 213.38 feet;
Thence N 00°00'00" E for a distance of 1286.26 feet to the North line of the North
z Half of the Northwest Quarter (N1/2 NW 1/4) of said Section Eleven (11);
W Thence S 89°37'48" E along the North line of the North Half of the Northwest
Quarter (Nl/2 NW1/4) of said Section Eleven (11) for a distance of 209.75 feet to
Ir the Northeast corner of the North Half of the Northwest Quarter (N1/2 NW1/4) of
said Section Eleven (11);
Thence S 00°09'41" E along the East line of the Half of the Northwest Quarter
(Nl/2 NW1/4) of said Section Eleven (11) for a distance of 1286.06 feet to the point
of beginning.
The above described tract contains 6.247 acres more or less.
Tract #8
A tract of land located in the Northwest Quarter (NW1/4) of the Southwest Quarter
(SW1/4) of the Northwest Quarter (NW1/4) of Section Eleven (11) Township
Fourteen (14) South Range Three (3) West of the Sixth Principal Meridian, in Saline
County, Kansas, which is more particularly described as follows:
Commencing at the Northwest corner of the Northwest Quarter of the Southwest
Quarter of the Northwest Quarter of said Section Eleven;
Thence S 89°41'28" E along the North line of the Northwest Quarter (NW 1/4) of the
Southwest Quarter (SWI/4) of the Northwest Quarter (NW1/4) of said Section
Eleven (11) for a distance of 195.00 feet;
Thence S 00°18'32" W for a distance of 30.00 feet to a point on the South line of
West Grand Avenue and the East line of the Salina Flood Protection Right -of -Way,
said point being the point of beginning;
Thence S 89°41'28" E along a line 30.00 feet south of and parallel with the North
line of the Northwest Quarter (NW1/4) of the Southwest Quarter (SWI/4) of the
Northwest Quarter (NW1/4) of said Section Eleven (11) for a distance of 383.10
feet;
Thence S 00°00'00" W for a distance of 548.38 feet;
Thence N 89°41'33" W for a distance of 332.29 feet to a point on the East line of
said Salina Flood Protection Right -of -Way;
Thence along said Salina Flood Protection Right -of -Way for the following meets
and bounds, N 00°51'34" E for a distance of 157.54 feet;
Thence N 90°00'00" W for a distance of 60.00 feet;
Thence N 01'00'00" E for a distance of 391.20 feet, to the point of beginning.
The above described tract contains 4.666 acres more or less
Tract #10
A tract of land located in the North Half (N1/2) of the South Half (S1/2) of the
Northwest Quarter (NW1/4) of Section Eleven (11) Township Fourteen (14) South
Range Three (3) West of the Sixth Principal Meridian, in Saline County, Kansas,
which is more particularly described as follows:
Commencing at the Northwest corner of the South Half of the Northwest Quarter of
said Section Eleven;
Thence S 89°41'28" E along the North line of the South Half (S1/2) of the
Northwest Quarter (NW 1/4) of said Section Eleven (11) for a distance of 1056.17
feet;
Thence S 00°18'32" W for a distance of 30.00 feet to a point on the South line of
West Grand Avenue, said point being the point of beginning.
Thence S 89°41'28" E along the South line of said West Grand Avenue for a
distance of 300.70 feet;
Thence S 00°00'00" W for a distance of 628.36 feet to the South line of the North
Half (N1/2) of the South Half (S1/2) of the Northwest Quarter (NW1/4) of said
Section Eleven (11);
Thence N 89°41'33" W along the South line of the North Half (N1/2) of the South
Half (S1/2) of the Northwest Quarter (NW 1/4) of said Section Eleven (11) for a
distance of 300.70 feet;
Thence N 00000'00" E for a distance of 628.37 feet to the point of beginning.
The above described tract contains 4.338 acres more or less
Tract #11
A tract of land located in the North Half (N1/2) of the South Half (S1/2) of the
Northwest Quarter (NW 1/4) of Section Eleven (11) Township Fourteen (14) South
Range Three (3) West of the Sixth Principal Meridian, in Saline County, Kansas,
which is more particularly described as follows:
Z
Commencing at the Northwest corner of the South Half of the Northwest Quarter of
said Section Eleven;
Thence S 89°41'28" E along the North line of the South Half (S1/2) of the
Northwest Quarter (NW1/4) of said Section Eleven (11) for a distance of 1356.87
0
feet;
Thence S 00°18'32" W for a distance of 30.00 feet to a point on the South line of
West Grand Avenue, said point being the point of beginning.
Thence S 89°41'28" E along said South line for a distance of 1275.66 feet to a point
on the East line of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of said
Section Eleven (11);
Thence S 00'18'19" E along said East line for a distance of 120.00 feet;
Thence S 73°22'22" W for a distance of 465.64 feet;
Thence N 89°38'47" W for a distance of 224.58 feet;
Thence S 17'22'12" W for a distance of 390.04 feet to a point on the South line
North Half (N1/2) of the South Half (S1/2) of the Northwest Quarter (NW1/4) of
said Section Eleven (11);
Thence N 89°41'33" W along the South line North Half (N1/2) of the South Half
(S1/2) of the Northwest Quarter (NW1/4) of said Section Eleven (11) for a distance
of 488.75 feet
Thence N 00°00'00" E for a distance of 628.36 feet to the point of beginning.
AND
Part of the West 10 acres of the Southwest Quarter (SW 1/4) of the Northeast Quarter
(NEI/4), Section Eleven (11), Township Fourteen (14) South, Range Three (3) West
of the Sixth Principal Meridian, in Saline County, Kansas, lying West of the
centerline of the abandoned Union Pacific Railroad and North of Dry Creek
Channel, described as follows:
Commencing at the Northwest corner of the South Half (S1/2) of the Northeast
Quarter (NEI/4);
Thence on an assumed bearing of S 00'08'19" E along the West line of said
Northeast Quarter (NEI/4) for a distance of 30.00 feet to the South line of West
Grand Avenue said point being the point of beginning;
Thence S 89°49'05" E along said South line for a distance of 96.94 feet to the
centerline of the abandoned Union Pacific Railroad;
Thence S 10°55'03" E along said centerline for a distance of 143.34' to the center of
Dry Creek Channel;
Thence along the center of Dry Creek Channel through the following meets and
bounds, S 79°04'57" W for a distance of 50.00 feet;
Thence S 16°11'46" W for a distance of 89.73 feet;
Thence S 42°44'30" W for a distance of 72.59 feet to a point on the West line of
said Northeast Quarter (NE 1/4);
Thence N 00'08'19" W along said West line for a distance of 290.01 feet to the
point of beginning.
The above described tracts contain 12.003 acres more or less.
Tract #12
A tract of land located in the North Half (NI/2) of the South Half (S1/2) of the
Northwest Quarter (NW 1/4) of Section Eleven (11) Township Fourteen (14) South
Range Three (3) West of the Sixth Principal Meridian, in Saline County, Kansas,
which is more particularly described as follows:
Commencing at the Northeast corner of the North Half (N1/2) of the South
Half (S1/2) of the Northwest Quarter (NW 1/4) of said Section Eleven (11);
Thence on an assumed bearing of S 00'08'19" E along the East line of the North
Half (N1/2) of the South Half (S1/2) of the Northwest Quarter (NW1/4) of said
Section Eleven (11); for a distance of 150.00 feet to the point of beginning;
Thence continuing S 00'08'19" E along said East line for a distance of 170.00 feet
more or less to the center of Dry Creek Channel;
Thence along the center of Dry Creek Channel through the following meets and
bounds, S 33°44'57" W for a distance of 75.23 feet;
Thence S 71°25'49" W for a distance of 117.57 feet;
Thence S 43'50'17" W for a distance of 115.97 feet;
Thence S 09°09'03" W for a distance of 88.33 feet;
Thence S 21'57'30" W for a distance of 71.16 feet to a point on the South line of the
North Half (N1/2) of the South Half (S1/2) of the Northwest Quarter (NW1/4) of
said Section Eleven (11);
Thence along said South line for a distance of 513.38 feet;
Thence N 17122'12" E for a distance of 390.04 feet;
Thence S 89°38'47" E for a distance of 224.58 feet;
Thence N 73022'22" E for a distance of 465.64 feet to the point of beginning.
,n
Z The above described tract contains 5.569 acres more or less.
W
Tract #13
A tract of land located in the Southwest Quarter (SWI/4) of the Northeast Quarter
(NEI/4) of Section Eleven (11), in Township Fourteen (14) South, Range Three (3)
West of the Sixth Principal Meridian, in Saline County, Kansas, more particularly
U described as follows:
Commencing at the Northwest corner of the Southwest Quarter (SWI/4) of
the Northeast Quarter (NEI/4) of said Section Eleven (11), thence on an assumed
bearing of S 00'08'19" E for a distance of 30.00 feet to the South line of West
Grand Avenue;
Thence S 89'49'15" E along said South line for a distance of 96.94 feet to the center
line of the abandoned Union Pacific Railroad, said point being the point of
beginning;
Thence continuing S 89'49'15" E along said South line for a distance of 274.08 feet
to the Northwest corner of a tract described in Book 354, Page 308 in the Saline
County Register of Deeds;
Thence S 00°00'00" W along the West line of Said tract described in Book 354,
Page 308 for a distance of 277.97 feet to a point on the West line of the Dry Creek
Channel Right -of -Way;
Thence S 22°52'30" W along the West line of said Dry Creek Channel Right -of -
Way and extension thereof for a distance of 110.63 feet to the center of Dry Creek
Channel;
Thence along the center of Dry Creek Channel through the following meets and
bounds,
S 74°33'39" W for a distance of 35.25 feet;
Thence N 38°36'04" W for a distance of 67.03 feet;
Thence N 17°56'43" W for a distance of 146.73 feet;
Thence N 55°18'00" W for a distance of 100.86 feet to a point on the center line of
said abandoned Union Pacific Railroad;
Thence N 10°55'03" W along the center line of said abandoned Union Pacific
Railroad for a distance of 143.34 feet to the point of beginning.
The above described tract contains 1.617 acres more or less.
Tract #14
That part of a tract of land lying West of the Dry Creek Channel Right -of -Way,
described in Book 354, Page 308, Saline County Register of Deeds as, Lots 1 and 2
plus that part of the vacated Grand Avenue, and Lots 3.4.5.7.9.11.13 and Lot 15 less
the South 11 ft., plus Lots 10, 12,14 and Lot 16 less the South 11', and that part of
the vacated alley that adjoins Lots 14 and 16, LESS that part taken by the City of
Salina for flood control purposes, all in Block 1, North Park Addition to the City of
Salina, Saline County, containing 0.374 acres more or less.
(the "Cost Recovery Area"), whenever any owner of property within the Cost
Recovery Area requests by petition to be served by the Improvements.
The total benefit fees to be charged to all property within the Cost Recovery Area
shall equal forty-one and one-half percent (41.5%) of the total cost of the water
system improvements lying west of the centerline of the West Dry Creek channel.
The total benefit fees shall be charged to each lot and unplatted tract of land
within the Cost Recovery Area equally per square foot.
Pursuant to K.S.A. 12-6a19, a benefit fee shall be assessed only against the
property described in the petition requesting service by the Improvement. The
benefit fee shall be due and payable at the time the property begins being served
by the Improvement, and shall be subject to the same interest rate as assessments
against the property originally included in the Improvement District referenced in
paragraph (c) above. Any benefit fees paid shall be applied to the City's general
bond and interest fund.
Although Tracts 2 and 4 (shown on Exhibit A) have current access to the city
water system via an existing private line running between those tracts and an
existing city main east of the properties, the Improvements will provide direct
7
1
1
access from those tracts to the city water main, will increase the available water
capacity to those tracts for fire protection purposes, and will increase water
quality. Because of these additional benefits from the Improvements, Tracts 2
and 4 are included in the Cost Recovery Area and will be subject to a benefit fee
charge upon connection to the Improvements.
Tract 3 (shown on Exhibit A) will be included in the calculation of the total
square footage of the Cost Recovery Area, but will be excluded from the Cost
Recovery Area to the extent that it will not be charged a benefit fee upon
connection to the new line because Tract 3 is currently being served by city
water via an existing city main directly connected to the tract."
Section 2. Section 1 of Resolution No. 06-6280 is hereby repealed.
Section 3. The City Clerk shall file a certified copy of this Resolution with the Register of
Deeds of Saline County, Kansas.
Section 4. This Resolution shall take effect after its passage and publication once in the official
city newspaper.
ADOPTED AND PASSED this 19"` day of June, 2006.
SE )
Lieu Ann Elsey, CMC, City Clerk
((I o"', VY L,
Donnie D. Marrs, Mayor
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