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HomeMy Public PortalAboutOrd 633 Petition for Deannexation Doc.#/Flm-Pg: 29751161 Receipt °: 2052375 Recording Fee: 10.00 Pagee Recorded: 7 Authorized ' Cashier: KVENATOR Date Recorded: 02/21/2016 02:09-.05 PM IIIIII VIII IIID VIII VIII VIII VIII 111111111 HE IN 1111 Please do not remove this cover page, it has become part of this document 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 rTj ` (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: i r'r 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. tri -:J J. V� Approved: David Austin, Mayor, Bel Aire, KS Attest: I/ 'VkGL"L&'—, Stacey Cook,gfiy Clerk, Bel Aire, KS dpk �-_6�1 fly or P-1) Q) -I f T( 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 I _ Schwab Eaton �11 �)72 Suite 2•�( 7�22-447 4472•FJ N i0 c3, ` EXHIBIT A 20' 0 20' E14 25-26S-1E i 0 0 moo+ /n/el S897908"W .70.97' 75'Right o/ Woy `O ti _—.--------..---------._.._.-._.� �� /h &&//ng Back Sidewo/k 0`' of Curb 1 � (d// '(N V00 1 Arc a _ In/et VI z O O Poved Street W o� 0 — _ N89'19 OB E 75-00' N8979 08£ 2640.23' SEc 25-26S-IE 5/4 25-26S-1E 37th Street N. _ Schwab �L Dote.- Eaton ,oiosi/7 —�— Sf Proiecl No. 17WO01 8615 W.Frazier,Suite 2 •Wichita,Ks.67212 Phone(316)722-4472•Fax(316)722.4479 Pg2o/J rn m EXHIBIT B P" 20' 0 20' N/4 36-26S-1E 37th Street North 1vEc 36-265-1f Section Line 75' ^� s 0 0 V ,Q V W 75'Right o/ Woy 75' a 3 0 E/4 36-26S-1E rM Schwa b Eaton Date.- 10/31/17 St'Project No.: 17.WOI 8615 W.Frazier,Suite 2•Wichita,Ks.67212 Phone(316)722-4472•Fax(316)722-4479 Pq 3 0/J