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HomeMy WebLinkAboutRes 718RESOLUTION NO. 718 A RESOLUTION DECLARING IT NECESSARY TO APPROPRIATE PRIVATE PROPERTY FOR PUBLIC USE IN THE CITY OF MISSION, KANSAS, FOR THE PURPOSE OF CONSTRUCTING A PUBLIC PARKING LOT IN THE VICINITY OF MARTWAY DRIVE AND ROELAND DRIVE AND AUTHORIZING A SURVEY AND DESCRIPTION OF THE LAND OR INTEREST TO BE CONDEMNED, ALL IN THE CITY OF MISSION, KANSAS. WHEREAS, the Governing Body of the City of Mission, Kansas has determined it necessity to construct a public parking lot in the vicinity of Martway Drive and Roeland Drive in the City of Mission; and WHEREAS, the making of said improvements as directed and authorized by the Governing Body requires the acquisition of a permanent interest in real property "Property") described on Exhibit "A" attached to this Resolution; and WHEREAS, the City of Mission, Kansas, has attempted to negotiate the acquisition of the real property interests in the Property necessary for said project to proceed; and WHEREAS, the owner or other parties who may or do have an interest in the Property where acquisition of real property interests are necessary have not accepted the request of the City of Mission, Kansas, to allow such acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MISSION, KANSAS: SECTION 1. It is hereby declared necessary to appropriate the Property described on Exhibit "A" for the use of the City of Mission, Kansas, in constructing a public parking lot in the vicinity of Martway Drive and Roeland Drive, in the City of Mission, Kansas. SECTION 2. It is hereby authorized and directed that a survey and description of the land or interest to be appropriated be made by Shafer, Kine Warren, P.A., which survey and description shall be filed with the Office of the City Clerk of Mission, Kansas. SECTION 3. This resolution shall be published one time in the official City newspaper, all as provided by law. SECTION 4. Upon filing of the land or interest to be appropriated by the City, the Governing Body shall by ordinance authorize and provide for the appropriation of such land or interest, setting forth such condemnation, the interest to be taken, and for what purpose the same is to be used. The Governing Body, as soon as practicable after passage of the ordinance authorizing and providing for the appropriation of such land or interest and the fixing of the benefit district, if any, shall proceed to exercise the power of eminent domain in accordance with K.S.A. 26 -501 to 26 -516, inclusive, and any amendments thereto. ADOPTED by the Governing Body of the City of Mission, Kansas, this 20 day of August 2008. APPROVED by the Mayor, this 20 day of August 2008. (SEAL) ATTEST: Martha Sumrall, City Clerk APPROVED AS TO FORM ONLY: David Martin, i ttorney LAURA ONWELL, M or Exhibit "A" All of the East 10 feet of Lot 23, all of Lot 24 and all of Lot 25, except the East 49.1 feet thereof, all in Block 5 of MISSION VILLAGE, BLOCK 5, a subdivision of land in the City of Mission, Johnson County, Kansas. All subject to that part thereof dedicated for street purposes.