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HomeMy Public PortalAboutOrd 613 Condemning Property for Water Main ExtensionSummary of Ordinance No. 613 City of Bel Aire, Kansas On February 7, 2017, the City of Bel Aire, Kansas, adopted Ordinance No. 613, providing for condemnation of certain real property to acquire a permanent easement for road right-of-way and utilities along 53" Street North, near 53rd Street North and Webb Road. A complete copy of this ordinance is available online at http://www.belaireks.org under documents or during normal business hours at City Hall, located at 7651 East Central Park Ave., Bel Aire, KS 67226. The ordinance is not subject to a protest petition. Questions pertaining to this ordinance may be directed to Mr. Ty Lasher, City Manager, at (316) 744-2451. This summary has been reviewed and certified by Alison McKenney Brown, City Attorney. (First published in The Ark Valley News on February 9, 2017.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 613 AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF CERTAIN REAL PROPERTY AND PROVIDING FOR PUBLICATION IN THE OFFICIAL CITY NEWSPAPER. WHEREAS, the Governing Body of the City of Bel Aire, Kansas has by Resolution Number R- 17-02 declared it necessary to acquire a permanent easement for public right-of-way and utilities across private property for the use of the City of Bel Aire, Kansas, more specifically for the public purposes of laying and constructing pipe for a water system pursuant to K.S.A. 12-845, and the development of infrastructure associated with the improvement of 53rd Street North and the intersection of 53rd Street North and Webb Road; and WHEREAS, said Resolution has been published once in the official city newspaper; and WHEREAS, the Governing Body of the City of Bel Aire, Kansas has, by said Resolution, authorized a survey and description of the land to be condemned to be made by Schwab Eaton, and, said survey and description has been made and filed with the City Clerk; and WHEREAS, the City of Bel Aire, Kansas has attempted and failed to acquire said real property by purchase or donation by virtue of the fact that the owners of said real property have refused to sell or donate the same to the City of Bel Aire, Kansas. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Public Purposes Declared To provide for the public purposes of the proper construction, operation or management of any water system to lay and construct pipe pursuant to K.S.A. 12-845, and the development of infrastructure associated with the improvement of 53rd Street North and the intersection of 53rd Street North and Webb Road, it is hereby declared necessary to acquire a permanent easement for road right-of-way and utilities across the following privately owned real property for use by the City of Bel Aire, Kansas, to -wit: The South 30 feet of the North 60 feet of the following described tract of land: 11Page Ordin./Condemnation/Right-of-Way/Utilities/2017 A tract of land legally described as commencing at the Northeast corner of the Northeast Quarter of Section 20, Township 26 South, Range 2 East; Thence South 495 Feet along the East side of said Section; thence West 880 Feet; thence North 495 feet to the North line of said Section; thence East 880 feet to the point of beginning, EXCEPT A tract of land in the Northeast Quarter of the Section 20, Township 26 south, Range 2 East of the Sixth Principal Meridian, Sedgwick County, Kansas, described as: Commencing at the Northeast corner of the Northeast quarter of Section 20, Township 26 South, Range 2 East of the 6t" Principal Meridian, Sedgwick County, Kansas; thence bearing South 89 degrees 08 minutes 20 seconds West along the North line of said Northeast Quarter, a distance of 602.00 feet to the Point of Beginning; thence bearing South 00 degrees 51 minutes 40 seconds East, a distance of 219.00 feet; thence bearing South 89 degrees 08 minutes 20 seconds West, a distance of 108.00 feet; thence bearing North 00 degrees 51 minutes 40 seconds West, a distance of 219.00 feet to a point on the North line of said Northeast Quarter; thence bearing North 89 degrees 08 minutes 20 seconds East, along the North line of the Northeast Quarter, a distance of 108.00 feet to the Point of Beginning, all in Sedgwick County, Kansas. Section 2. Condemnation Under the Riaht of Eminent Domain Said real property is hereby condemned and appropriated by the Governing Body of the City of Bel Aire, Kansas under the right of eminent domain pursuant to K.S.A. 12-845 and K.S.A. 26-201, as the owners of said real property have refused to sell or donate the same to the City of Bel Aire, Kansas. Section 3. Property Benefited by the Proposed Improvement In accordance with K.S.A. 26-201, the Governing Body hereby finds that the real property which is the subject of this condemnation is specially benefitted by the proposed improvement, and therefore, such property shall be designated as included within the benefit district associated with this improvement, such benefit district to be established and assessed in accordance with State law. Section 4. Commencement of Legal Action That the City Attorney is hereby authorized and directed to commence proceedings in eminent domain in the District Court of Sedgwick County, Kansas, for the appropriation of said lands and determination of the compensation to be awarded for the taking thereof. Section 5. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. 21Page Ordin./Condemnation/Right-of-Way/Utilities/2017 Passed by the City Council this 7th day of February, 2017. Approved by the Mayor this 7th day of February, 2017. MAYOR, David Austin ATTEST: laCt CITY CLERK, 6acey Cook SEAL 3IPage Ordin./Condemnation/Right-ofWay/Uti lities/2017