City of Shawnee s6

CITY OF SHAWNEE NIEMAN CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS PROJECT NO. 3400

ORDINANCE NO. 3158

AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND OR AN INTEREST THEREIN BY CONDEMNATION FOR THE PURPOSE OF CONDUCTING STORM DRAINAGE IMPROVEMENTS IN THE VICINITY OF THE TURKEY CREEK TRIBUTARY FROM EAST OF NIEMAN ROAD TO SHAWNEE MISSION PARKWAY

WHEREAS, the Governing Body of the City of Shawnee, Kansas, has by Resolution No. 1784 declared the necessity to appropriate private property for the completion of storm drainage improvements generally described as being in the vicinity of the Turkey Creek Tributary from East of Neiman Road to Shawnee Mission Parkway, including design and construction of new storm drainage facilities which include the replacement of the existing trapezoidal concrete channel with a new channel alignment with a rectangular vertical wall, grading and related improvements, and all other work necessary and incidental thereto; and has authorized a survey and description of the land or interest to be condemned to be made by a licensed land surveyor or a competent professional engineer and filed with the City Clerk; and

WHEREAS, such survey and description has been made and filed with the City Clerk..

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS:

SECTION 1. It is hereby authorized and provided that the land or interest hereinafter set forth, and as attached hereto, be acquired by condemnation for the completion of storm drainage improvements generally described as being in the vicinity of the Turkey Creek Tributary from East of Neiman Road to Shawnee Mission Parkway, including design and construction of new storm drainage facilities which include the replacement of the existing trapezoidal concrete channel with a new channel alignment with a rectangular vertical wall, grading and related improvements, and all other work necessary and incidental thereto; to wit:

Trac T.C.E. S.E. P.D.E. Owner Mailing Address Situs Parcel Number Mortgagee t No. (S.F.) (S.F.) (S.F.)

RCB Bank Security Storage Properties, LLC 2118 N. Tyler Rd, Suite 7 9629 E. Kellogg Dr. 11015 W. 62nd Street QF241211-4058 2,817 101, Building B, Wichita, Wichita, KS 67207-1803 KS 67212-4912 T & M Zarda Family LLC, a Kansas limited liability company 8 11005 W 62nd Street QF241211-4054 None 22712 Midland Drive 1817 Shawnee, KS 66226

SECTION 2. It is further authorized and provided that as soon as practical, after enactment of this Ordinance, action be initiated to exercise the power of eminent domain in accordance with K.S.A. 26-601, et seq., the Eminent Domain Procedure Act, to condemn all land hereinbefore described.

SECTION 3. This Ordinance shall take effect and be in full force and effect from and after publication in an official City newspaper as provided by law..

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ORDINANCE NO. 3158 PAGE 2 PASSED by the Governing Body this 23rd day of May, 2016.

APPROVED AND SIGNED by the Mayor this 23rd day of May, 2016.

CITY OF SHAWNEE, KANSAS

By: ______Michelle Distler, Mayor {Seal}

ATTEST:

By: ______Stephen Powell, City Clerk

APPROVED AS TO FORM:

By: ______M. Ellis Rainey, II, City Attorney

ORDINANCE NO. 3158 PAGE 3 I hereby certify that the foregoing is the original Ordinance No. 3158; and that said Ordinance was passed on the 23rd day of May, 2016; and that the record of the final vote on its passage is found in Journal No.______, Volume No. ____, and Page No. _____; and that a Certified Summary of the Ordinance was published in The Shawnee Dispatch, the official City newspaper, on the 25th day of May, 2016.

______{Seal} Stephen Powell, City Clerk

ORDINANCE NO. 3158 PAGE 4