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8.1 Eminent Domain S Ohio CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 4/3/00 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: CITY CLERK ITEM NO. I BY: Barbara R. Weber BY'~..~..~ Item: Second reading Ordinance Number 00-9974 ordering the condemnation and acquisition of interests in real estate for the use of the City of Salina, Kansas, for the purpose of construction of the South Ohio Street Corridor Improvements Project Number 98-1138, pursuant to K.S.A. Chapter 26, and amendments thereto, as it relates to condemnation by cities, and fiarther pursuant to Resolution Number 00-$$69 o£the City of Salina, Kansas. Background: This ordinance was passed on first reading March 27, 2000. Since that time no comments have been received. Recommendation: Adopt Ordinance Number 00-9974 on second reading. EXHIBIT A to ORDINANCE NUMBER 00-9974 CERTIFICATE OF ENGINEER I, Shawn R. O'Leary, P.E., City Engineer of the City of Salina, Kansas hereby certify that pursuant to Resolution No. 00-5569 adopted by the Board of Commissioners of Salina, Kansas, on March 6, 2000, I made a survey and description of the land necessary to be acquired by the City of Salina for the purpose of improving a portion of South Ohio Street between Belmont Boulevard and Magnolia Road and that the following tracts of land are necessary for said improvements. TRACT NO. 36: Temporary construction easement to a tract of land in Lot 16, Block 6, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest comer of said Lot 16; thence Easterly along the South line of said Lot 16 on an assumed bearing of N 90°00'00" E a distance of 6.00 feet; thence N 00°00'00"E a distance of 42.90 feet; thence N 90°00'00"E a distance of 14.00 feet; thence N 00°00'00'' E a distance of 27.10 feet to a point on the North line of said Lot 16; thence N 90°00'00"W along said North line a distance of 20.00 feet to the Northwest comer of said Lot 16; thence S 00°00'00"E along the West line of said Lot 16 a distance of 70.00 feet to the point of beginning, containing 799 square feet, more or less. TRACT NO. 44: Permanent easement and temporary construction easement to a tract of land in Lot 1, Block 1, Mayflower Addition to the City of Salina, Saline County, Kansas described as follows: Permanent Easement Beginning at the Northwest comer of said Lot 1; thence easterly along the North line of said Lot 1 on an assumed beating of N 88°29'00"E a distance of 50.00 feet; thence S 74°54'54"W a distance of 36.23 feet; thence S 71°55'47"W a distance of 15.78 feet to a point on the West line of said Lot 1; thence N 00°00'00"E a distance of 13.00 feet to the point of beginning, containing, 310 square feet, more or less. Construction Easement A tract of land in Lot 1, Block 1, Mayflower Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Northwest comer of said Lot 1; thence Easterly along the North line of said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 50.00 feet to the point of beginning; thence S 74°54'54"W a distance of 36.23 feet; thence S 71°55'47"W a distance of 15.78 feet to a point on the West line of said Lot 1; thence N 74°00'34"E a distance of 51.99 feet to the point of beginning, containing 15 square feet, more or less. TRACT NO. 45: Right-of-way, permanent easement and temporary construction easement to a tract of land in Lot 1, Block 1, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Right-of-way Beginning at the Southwest comer of said Lot 1; thence Easterly along the South line of said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 17.00 feet; thence N 29°35'45"W a distance of 28.34 feet; thence N 00°00'00'' E a distance of 104.99 feet to a point on the North line of said Lot 1; thence S 88°29'00"W along said North line a distance of 3.00 feet to the Northwest comer of said Lot 1; thence S 00°00'00"E along the West line of said Lot 1 a distance of 130.00 feet to the point of beginning, containing, 565 square feet, more or less. Permanent Easement Commencing at the Southwest comer of said Lot 1; thence Easterly along the South line of said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 17.00 feet to the point of beginning; thence N 29°35'45"W a distance of 28.34 feet; thence N 00°00'00"E a distance of 104.99 feet to a point on the North line of said Lot 1; thence N 88°29'00"E along said North line a distance of 4.50 feet; thence S 00°00'00"E a distance of 97.99 feet; thence S 40°13'52"E a distance of 41.01 feet to a point on the South line of said Lot 1; thence S 88o29'00" W along said South line a distance of 17.00 feet to the point of beginning, containing, 834 square feet, more or less. Construction Easement Commencing at the Northwest comer of said Lot 1; thence Easterly along the North line of said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 7.50 feet to the point of beginning; thence continuing N 88°29'00"E along said North line a distance of 14.51 feet; thence S 00°00'00"E a distance of 25.30 feet; thence N 90°00'00"W a distance of 10.00 feet; thence S 00°00'00"E a distance of 78.39 feet; thence N 40°13'52"W a distance of 6.97 feet; thence N 00°00'00"E a distance of 97.99 feet to the point of beginning, containing 705 square feet, more or less. Construction Easement Beginning at the Southeast comer of said Lot 1; thence Northerly along the East line of said Lot 1 on an assumed bearing of N 00°00'00"E a distance of 12.00 feet; thence S 88°29'00"W a distance of 30.00 feet; thence S 00°00'00"E a distance of 6.00 feet; thence S 88°29'00"W a distance of 20.97 feet; thence S 40°13'52"E a distance of 7.69 feet to a point on the South line of said Lot 1; thence N 88°29'00"E along said South line a distance of 46.00 feet to the point of beginning, containing, 471 square feet, more or less. Dated at Salina, Kansas, this 27th day of March, 2000. Shawn R. O'Leary, P. E;, Director U Departmem of Engineering and General Services EASEMENT ACQUISITION OWNER: Marguerite/~tcKenna SALINA, KS 67401 Lot 16 Block 6 M~foir Addition I"= 15' L E 0 A L D E S C RI P T IO N-" 'This does not constitute a legal survey~ drd~,ing is ?or SEE PAGE 2 OF 2 informational purposes only." PAGE I OF 2 OWNER: E/lo ~Ioe Ri#er SALINA, KS 6740/ 50' ~ k- Lot I k-u~ cb Block u~ ~. ~ t¢Ioy?lower Addition 20' L E O A L D E S C RIP T IO N," "This does not constitute o /ego/survey, drowing is for SEE PAGE 2 OF- 2 informationo/purposes only." PAGE / OF 2 OWNER: EIIo Mae Ri#er SALINA, KS 67401 I" ~ 20' L E O A L D E S C RIP T IO N: "This does not constitute G legol survey, drGwing is for SEE PAGE 2 OF 3 in?ormotionol purposes only." PAGE OF 3