8.2 Eminent Domain Ohio BelmontCITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE ~ME
02/24/97 4:00 P.M.
AGENDA SECTION: !ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
8 City Attorney
ITEM: 2
NO. Greg Bengtson
BY: BY: ~
Item:
Ordinance Number 97-9792, ordering the condemnation and acquisition of
property for improvements to the intersection of South Ohio and Belmont
Boulevard.
Background:
On February 10, 1997, the City Commission adopted Resolution Number
97-5116 declaring the necessity of and authorizing a survey and description of
land to be acquired by eminent domain for the purpose of constructing
improvements to the intersection'of South Ohio Street and Belmont Boulevard.
The City Engineer has filed with the City Clerk his Certificate of Engineer
which legally describes the real estate to be acquired. The proposed
ordinance is the next step required under the Kansas Eminent. Domain
Procedure Act.
Recommendation:
Approve Ordinance Number 97-9792 for first reading.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
Ordinance Number 97-9792
Exhibit A
Certificate of Engineer
I, Donald E. Hoff, p.E., City Engineer of the city of Salina, Kansas, hereby certify that pursuant to
Resolution No. 97-5116 adopted by the Board of CommiSsioners of Salina, Kansas, on February 10,
1997, I made a survey and description of the land necessary to be acquired (Fee Simple Title) by the
City of Salina for the construction of street/drainage improvements to the intersection of South Ohio
Street and Belmont Boulevard on what is now privately owned property located on the southwest
comer of that intersection and that the following tract of land is necessary for said improvements:
Legal Description
A tract of land being part of Lots One (1), Three (3) and Seven (7) and all of Lots Two (2)
and Six (6), in Block Eight (8) of Belmont Addition to the City of Salina, Saline County, Kansas,
more particularly described as follows:
Beginning at the northwest comer of said Lot 6;
Thence northeasterly along the northerly line of Lot 6 and Lot 1, on an assumed beating of
N 53° 20' 00" E, a distance of 304.17 feet to a point which is 83.73 feet southwesterly from the
northeast comer of said Lot 1;
Thence N 90° 00' 00" E, a distance of 67.16 feet to a point on the east line of Lot 1 and 50
feet south of the northeast comer thereof,
Thence S 00°00' 00" E along the east line of Lots 1, 2 and 3, a distance of 172.80 feet to a
point 42.2 feet north of the southeast comer of Lot 3;
Thence N 87° 30' 48" W a distance of 46.84 feet;
Thence S 63 °07' 49" W a distance of 83.26 feet to the southwest comer of said Lot 3;
Thence N 35o33' 22" W a distance of 10.00 feet;
Thence S 53° 20' 00" W parallel with the southerly line of Lot 7, a distance of 139.26 feet to
a point on the westerly line of Lot 7 and 10 feet northwesterly of the southwest comer thereof,
Thence N 35° 29' 00" W along the westerly line of Lots 7 and 6, a distance of 125.00 feet
back to the Point of Beginning.
The above described tract of land contains 1.03 acres, more or less.
Dated at Salina, Kansas, this 20th day of February, 1997.
City Engineer
Point of Beginning
Plotted Lot Line
Proposed Boundary Line
~ Street R/lC
LAND
E ht
~,o\
/ 1
6Z 16'
Lot 1
Lot 2
NJ$'3J'22"W
10.00'
N8 7'JO '48 "W
46.84'
LEGAL DESCtTIP TION:
A Tract of land being part of Lots One (1), Three (5), and Seven (7) and all of Lots Two (2)
and Six (6), in Block Eight (8) of Belmont Addition to the City of Solina, Saline County,
Kansas, more particularly described as follows:
Beginning at the Northwest cornel" of said Lot 6;
Thence Northeasterly along the Northerly line of Lot 6 and Lot 1, on an assumed bearing of
N55'20'OO"E, o distance of .704.17 feet to a point which is 8.7.75 feet Southwesterly
from the Northeast corner of said Lot 1;
Thence Ngo'oo'oo"E a distance of 67.16 feet to a point on the East line of Lot I and 50
feet south of the Northeast corner thereof;
Thence SO0'O0'O0'E along the East line of Lots 1, 2, and .7, o distance of 172.80 feet to
a point 42.2 feet North of the Southeast corner of Lot ,7:
Thence N87'JO'48"W o distance of 46.84 feet;
Thence S6.7'07'49"~ a distance of 8.7.26 feet to the Southwest corner of said Lot 5;
Thence N55'55'22"W a distance of 10.00 feet;
Thence S5~'20'00"W parallel with the Southerly line of Lot 7, a distance of 159.26 feet to a
point on the Westerly line of Lot 7 and 10 feet Northwesterly of the Southwest corner
thereof;
'Thence N55'2g'OO"W along the westerly line of Lots 7 and 6, a distance of 125.00 feet
back to the Point of Beginning.
The above described tract of land contains 45,056 square feet of 1.05 acres, more or less.