HomeMy Public PortalAboutOrd 633 Petition for Deannexation Doc.#/Flm-Pg: 29751161
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Grantor BEL AIRE CITY OF
Grantee UNPLATTED
Type of Document MISC.ORD
Recording Fees $0.00
Mtg Reg Tax $0.00
Total Amount $0.00
Return Address CITY OF BEL AIRE
7651 CENTRAL PARK AVENUE
BEL AIRE, KS 67226
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(First Published in the Ark Valley News on the 8`h day of February, 2018.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 633
AN ORDINANCE APPROVING THE PETITION FOR DEANNEXATION OF A PORTION OF
THE INTERSECTION OF 37T" AND WOODLAWN MADE BY THE CITY OF BEL AIRE,
KANSAS.
WHEREAS, the City of Bel Aire, Kansas, owns and maintains the portion of legally described
in Section 2 herein (hereinafter referred to as the"Property,"and;
WHEREAS, the City of Wichita owns other portions of the intersection of 37`h and Woodlawn and
agreed to take over ownership and maintenance of the entire intersection including the portion of
the intersection of 37`h and Woodlawn, herein described, belonging to the City of Bel Aire and
described in the November 7, 2017 petition,and
WHEREAS, on November 7, 2017, the City of Bel Aire, Kansas, filed a petition (the"Petition")
for the exclusion of the Property from the boundaries of the City of Bel Aire, Kansas a copy of
which is on file with the Clerk's Office; and
WHEREAS, on November 9, 2017, notice was published in the Ark Valley News that a public
hearing on the Petition would be held before the City of Bel Aire Planning Commission on
December 14, 2017 or as soon thereafter as the matter could be heard; and
WHEREAS, on January 11, 2018, a public hearing on the Petition was held before the City of
Bel Aire Planning Commission. After hearing proofs and evidence, the City of Bel Aire Planning
Commission determined that the statutory requirements described in K.S.A. 12-504 and 12-505
had been met, and the Planning Commission recommended approval of the Petition.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF BEL AIRE, KANSAS:
SECTION 1: The Governing Body hereby determines from the proofs and evidence
presented with respect to the Petition that: (1) due and legal notice has been given by publication
as required by K.S.A. 12-504 and K.S.A. 12-505; (2) no private rights will be injured or
endangered by such exclusion; (3) the public will suffer no loss or inconvenience thereby; and
(4) in justice to the petitioner or petitioners the prayer of the petitioner ought to be granted.
SECTION 2: The statutory requirements of K.S.A. 12-504 and 12-505, having been met,
the Governing Body deems it advisable and does hereby order to be excluded from the
incorporated city limits of Bel Aire, Kansas upon the taking effect of this Ordinance, the
Property, legally described as follows:
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Beginning at the Southeast Corner of the Southeast Quarter of
Section 25, Township 26 South, Range I East of the Sixth Principal
Meridian, Sedgwick County, Kansas; Thence on an Assumed Bearing of
North 01'03'l 9"West along the East line of said Southeast Quarter, a distance
of 75.00 Feet; Thence South 89°19'08"West parallel with the South Line of
said Southeast Quarter, a distance of 30.91 Feet,to a point that is on the back
of curb; Thence Southwesterly along an Arc following the back of curb, a
distance of 67.21 Feet, with an arc Radius of 50.00 Feet, and a Chord Bearing
of South 44101'19"West and Chord Length of 62.26 Feet, to a point of
termination on the back of curb; Thence South 01003'19"East parallel with the
East line of said Southeast Quarter, a distance of 30.75 Feet, to a point on the
South line of said Southeast Quarter; Thence North 89°19'08"East along the
South line of said Southeast Quarter, a distance of 75.00 to the Point of
Beginning. Said tract contains 4,187.3 Square Feet.
See Exhibit A
AND ALSO
The North 75 feet of the East 75 feet of the Northeast Quarter of Section 36,
Township 26 South,Range 1 East of the Sixth Principal Meridian, Sedgwick
County, Kansas; more commonly described as the South 75 feet of the West
75 feet of the road right-of-way of the intersection at 37th Street North and
Woodlawn Street in Sedgwick County,Kansas, as described in City of Bel Aire,
Kansas, Ordinance 341. Said tract contains 5,626 square feet.
See Exhibit B
SECTION 3: That upon the taking effect of this Ordinance,the above changes to the
incorporated area of the City of Bel Aire, Kansas shall be made to the City of Bel Aire,Kansas
Zoning District Map as amended.
SECTION 4: That this Ordinance shall take effect and be in force only if and when the
City of Wichita, Kansas formally annexes the Property, after its adoption by the City of Wichita
City Council and its publication in the official City of Wichita Newspaper.
SECTION 5: The City of Bel Aire shall, and the officers, employees and agents of the
City of Bel Aire are hereby authorized and directed to,take such action,expend such funds and
execute such other documents,certificates and instruments as may be necessary or desirable to
carry out and comply with the intent of this Ordinance.
ADOPTED by the Governing Body of the City of Bel Aire, Kansas this 6`' day of,
February 2018.
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Approved:
David Austin, Mayor, Bel Aire, KS
Attest:
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Stacey Cook,gfiy Clerk, Bel Aire, KS
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LEGAL DESCRIPTION
Beginning at the Southeast Corner of the Southeast Quarter of
Section 25, Township 26 South, Range 1 East of the Sixth Principal
Meridian, Sedgwick County, Kansas; Thence on an Assumed Bearing of
North 01°03'19"West along the East line of said Southeast Quarter, a distance
of 75.00 Feet; Thence South 89°19'08"West parallel with the South Line of
said Southeast Quarter, a distance of 30.91 Feet, to a point that is on the back
of curb; Thence Southwesterly along an Arc following the back of curb. a
distance of 67.21 Feet, with an arc Radius of 50.00 Feet, and a Chord Bearing
of South 4401'19"West and Chord Length of 62.26 Feet, to a point of
termination on the back of curb; Thence South 01°03'19"East parallel with the
East line of said Southeast Quarter, a distance of 30.75 Feet, to a point on the
South line of said Southeast Quarter; Thence North 8919'08"East along the
South line of said Southeast Quarter, a distance of 75.00 to the Point of
Beginning. Said tract contains 4,187.3 Square Feet.
See Exhibit A
AND ALSO
The North 75 feet of the East 75 feet of the Northeast Quarter of Section 36,
Township 26 South, Range 1 East of the Sixth Principal Meridian, Sedgwick
County, Kansas; more commonly described as the South 75 feet of the West
75 feet of the road right-of-way of the intersection at 37th Street North and
Woodlawn Street in Sedgwick County, Kansas, as described in City of Bel Aire,
Kansas, Ordinance 341. Said tract contains 5,626 square feet.
See Exhibit B
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Phone(316)722-4472•Fax(316)722-4479
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