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:
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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.
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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
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