Settlement Agreement for Eminent Domain 3rd/4th St Lot SETTLEMENT AGREEMENT
This Agreement is entered into this day of March, 1992,
between the City of Salina, a Kansas muni is pal corporation, (the
"City") and the Union Pacific Railroad Company, a Utah corporation
authorized to do business in Kansas, and Missouri Pacific Railroad
Company, a Delaware corporation authorized to do business in
Kansas, (collectively, the "Railroad") .
Recitals
A. The City and the Railroad are parties to an eminent domain
proceeding pursuant to Chapter 26 of the Kansas Statutes Annotated
in the District Court of Saline County, Kansas, identified as Case
No. 91 CVC 193 (the "first condemnation") .
B. The Railroad has appealed from the award of the court
appointed panel of appraisers entered on August 30, 1991 in the
amount of $12 , 072 , which amount has been paid to the Railroad
pursuant to the Court's order of October 16, 1991.
C. The City and the Railroad have reached a compromise
settlement of the issue of reasonable compensation to be paid by
the City for the real estate taken, which settlement includes
acquisition by the City of an additional tract of real estate from
the Railroad by condemnation for a stipulated sum.
THEREFORE, the parties agree as follows:
1. Compromise settlement. As a compromise settlement of the
Railroad' s appeal of the appraisers ' award in the first
condemnation, the parties agree:
(a) That the City shall pay to the Railroad and the
Railroad shall accept the total sum of $48 , 000 as just
compensation for the real estate taken in the first
condemnation.
(b) That the City shall acquire from the Railroad by a
separate eminent domain proceeding (the "second
condemnation") , for agreed upon just compensation of $18 , 000,
the following described real estate:
A parcel of land being all of Lots Thirty-two (32) ,
Thirty-four (34) , Thirty-six (36) , and Thirty-eight (38) ,
on Third Street, and all that portion of Lots Twenty-six
(26) , Twenty-eight (28) , and Thirty (30) on Third Street
and Lots Thirty-one (31) , Thirty-three (33) , Thirty-five
(35) , and Thirty-seven (37) on Fourth Street lying
southeasterly of a line concentric with and 40. 0 feet
distant southeasterly of the centerline of the connecting
wye track between the Union Pacific Railroad Company' s
I
Track No. 71 and the Missouri Pacific Railroad Company' s
Track No. 10 which said line begins at a point on the
south line of said Lot Thirty-seven (37) that is 25. 0
feet east, measured along said south line, from the
southwest corner of said Lot Thirty-seven (37) to a point
on the east line of said Lot Twenty-six (26) that is 25. 0
feet north, measured along said east line, from the
southeast corner of said Lot Twenty-six (26) , Original
Townsite to the City of Salina, Saline County, Kansas,
together with the vacated alley lying between said lots
as vacated by Ordinance No. 2181 approved May 26, 1918,
EXCEPTING therefrom, all that portion of said vacated
alley lying northwesterly of said concentric line.
Containing a net area of 45, 864 square feet, more or less.
The elements of the compromise settlement outlined in sub-
paragraphs (a) and (b) above are mutually conditional upon the
other, and shall be implemented as provided below.
2 . First condemnation. The parties ' respective counsel shall
be instructed to approve a journal entry for submission to the
Court which will provide for the entry of judgment in favor of the
Railroad for the sum of $35, 928 , that sum being the difference
between $48, 000 and the $12 , 072 previously paid by the City. The
Railroad waives any claim of interest on the difference between the
appraisers ' award and the compromise settlement for that period
beginning with the City' s payment of the appraisers ' award and
ending with the Court's entry of the journal entry approved by the
parties. Upon the entry of judgment the City shall pay to the
Railroad the sum of $35, 928 in full satisfaction of the judgment
and the Railroad shall promptly file a Satisfaction of Judgment in
the case.
3 . Second condemnation. The second condemnation shall be
implemented as follows:
(a) The City agrees to take all steps necessary to
conduct eminent domain proceedings pursuant to Chapter 26 of
the Kansas Statutes Annotated in order to acquire fee simple
title to the above described real estate. The City further
agrees to enter the Stipulation attached and incorporated
herein as Exhibit A-1, in which the City stipulates to just
compensation in the amount of $18 , 000.
(b) The Railroad agrees to provide the City with a
letter directed to the City Manager regarding any information
known to the Railroad regarding the historical use of the real
estate to be acquired under the second condemnation which
would have resulted in any significant spill of hazardous
materials, receipt of which is hereby acknowledged by the
4 City.
-2-
(c) The Railroad agrees to direct its counsel to
execute and file in the second condemnation the original
of a Stipulation in the form attached and incorporated
herein as Exhibit A-2 , in which the Railroad enters an
appearance in the second condemnation proceeding, waives
further notice of the proceeding, consents that the
taking is necessary to the lawful corporate purposes of
the City, and agrees to accept the stipulated sum of
$18 , 000 as just compensation for the taking.
3 . Binding effect. This Agreement shall be binding upon the
parties and their respective successors and assigns.
EXECUTED the day and year first above written.
CITY OF SALINA, KANSAS
4:-C-14C6-1 /2-`-----
.-
By:
Stephen C. Ry , Mayor
ATTEST:
\ % S�;w
Jacgq line Shiever, City Clerk
UNION PACIFIC RAILROAD COMPANY
By:
Uir.-Fit.:al t-aLaLd :7a,u5
MISSOURI PACIFIC RAILROAD COMPANY
42( j2 , 2/i2Iii
By: Dir.-Real tsiate 5aies
-3-
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
IN THE MATTER OF CONDEMNATION OF LAND IN SALINE COUNTY, KANSAS,
BY THE CITY OF SALINA, KANSAS
CITY OF SALINA, a Kansas )
municipal corporation )
)
Plaintiff, )
vs. ) Case No. 92 CVC
UNION PACIFIC RAILROAD COMPANY, )
a Utah corporation authorized )
to do business in Kansas; and )
MISSOURI PACIFIC RAILROAD COMPANY, a )
Delaware corporation authorized to )
do business in Kansas )
)
Defendants. )
)
STIPULATION
COMES NOW the City of Salina, Kansas by the City Attorney,
Greg A. Bengtson of the law firm of Clark, Mize & Linville,
Chartered and enters the following stipulations:
1. Plaintiff stipulates to and agrees to pay the sum of
$18,000 as just compensation for fee simple title to the following
described real estate being acquired in this proceeding:
A parcel of land being all of Lots Thirty-two (32) ,
Thirty-four (34) , Thirty-six (36) , and Thirty-eight (38) ,
on Third Street, and all that portion of Lots Twenty-six
(26) , Twenty-eight (28) , and Thirty (30) on Third Street
and Lots Thirty-one (31) , Thirty-three (33) , Thirty-five
(35) , and Thirty-seven (37) on Fourth Street lying
southeasterly of a line concentric with and 40. 0 feet
distant southeasterly of the centerline of the connecting
wye track between the Union Pacific Railroad Company's
Track No. 71 and the Missouri Pacific Railroad Company's
Track No. 10 which said line begins at a point on the
south line of said Lot Thirty-seven (37) that is 25.0
feet east, measured along said south line, from the
southwest corner of said Lot Thirty-seven (37) to a point
on the east line of said Lot Twenty-six (26) that is 25. 0
feet north, measured along said east line, from the
southeast corner of said Lot Twenty-six (26) , Original
Townsite to the City of Salina, Saline County, Kansas,
together with the vacated alley lying between said lots
EXHIBIT A-1
as vacated by Ordinance No. 2181 approved May 26, 1918 ,
EXCEPTING therefrom, all that portion of said vacated
alley lying northwesterly of said concentric line.
Containing a net area of 45, 864 square feet, more or less.
2 . Plaintiff further acknowledges that no need exists for the
appointment of a panel of appraisers in this proceeding and
consents to an entry of judgment in favor of the defendants in the
amount of $18 , 000 as just compensation for the taking herein.
Respectfully Submitted by:
Greg A. Bengtson (Regis. No. 10695)
CLARK, MIZE & LINVILLE, CHARTERED
129 South Eighth - P.O. Box 380
Salina, KS 67402-0380
(913) 823-6325
City Attorney for City of Salina,
Kansas
CERTIFICATE OF SERVICE
The undersigned City Attorney for the City of Salina, Kansas
does hereby certify that on the day of March, 1992 , a true and
correct copy of the foregoing Stipulation was mailed, by United
States mail, postage prepaid to:
Jack N. Stewart
Hampton, Royce, Engleman & Nelson
Ninth Floor, United Building
119 West Iron Avenue - P.O. Box 1247
Salina, KS 67402-1247
Attorneys for Defendants
and the original for filing to:
Carrolyn R. Henry
Clerk of the District Court
Saline County Courthouse
P.O. Box 1756
Salina, KS 67402-1756
Greg A. Bengtson
-2-
I
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
IN THE MATTER OF CONDEMNATION OF LAND IN SALINE COUNTY, KANSAS,
BY THE CITY OF SALINA, KANSAS
CITY OF SALINA, a Kansas )
municipal corporation )
)
Plaintiff, )
vs. ) Case No. 92 CVC
)
UNION PACIFIC RAILROAD COMPANY, )
a Utah corporation authorized )
to do business in Kansas; and )
MISSOURI PACIFIC RAILROAD COMPANY, a )
Delaware corporation authorized to )
do business in Kansas )
)
Defendants. )
STIPULATION
COME NOW the defendants Union Pacific Railroad Company and
Missouri Pacific Railroad Company and by their attorney Jack N.
Stewart of the law firm of Hampton, Royce, Engleman and Nelson,
enter an appearance herein and enter the following stipulations:
1. Defendants waive further notice of the proceedings herein
whereby the plaintiff seeks to acquire by proceedings in eminent
domain the fee simple title to the following described real estate:
A parcel of land being all of Lots Thirty-two (32) ,
Thirty-four (34) , Thirty-six (36) , and Thirty-eight (38) ,
on Third Street, and all that portion of Lots Twenty-six
(26) , Twenty-eight (28) , and Thirty (30) on Third Street
and Lots Thirty-one (31) , Thirty-three (33) , Thirty-five
(35) , and Thirty-seven (37) on Fourth Street lying
southeasterly of a line concentric with and 40.0 feet
4 distant southeasterly of the centerline of the connecting
wye track between the Union Pacific Railroad Company's
Track No. 71 and the Missouri Pacific Railroad Company's
Track No. 10 which said line begins at a point on the
south line of said Lot Thirty-seven (37) that is 25. 0
feet east, measured along said south line, from the
southwest corner of said Lot Thirty-seven (37) to a point
on the east line of said Lot Twenty-six (26) that is 25. 0
4
EXHIBIT A-2
0
feet north, measured along said east line, from the
southeast corner of said Lot Twenty-six (26) , Original
Townsite to the City of Salina, Saline County, Kansas,
together with the vacated alley lying between said lots
as vacated by Ordinance No. 2181 approved May 26, 1918 ,
EXCEPTING therefrom, all that portion of said vacated
alley lying northwesterly of said concentric line.
Containing a net area of 45, 864 square feet, more or less.
2 . Defendants consent that the taking of the real estate
described above is necessary to the lawful corporate purposes of
the plaintiff.
3 . Defendants stipulate to and agree to accept the sum of
$18,000 as just compensation for fee simple title to the real
estate described above.
4 . Defendants acknowledge that no need exists for the
appointment of a panel of appraisers in this proceeding and consent
to the entry of judgment in favor of the defendants in the amount
of $18, 000 as just compensation for the taking herein.
Respectfully Submitted by:
Jack N. Stewart (Regis. No. 4986)
HAMPTON, ROYCE, ENGLEMAN & NELSON
Ninth Floor, United Building
119 West Iron Avenue - P.O. Box 1247
Salina, KS 67402-1247
(913) 827-7251
Attorneys for Defendants
CERTIFICATE OF SERVICE
The undersigned Jack N. Stewart, attorney for defendants, does
hereby certify that on the day of March, 1992, a true and
correct copy of the foregoing Stipulation was mailed, by United
States mail, postage prepaid to:
r -2
Greg A. Bengtson
CLARK, MIZE & LINVILLE, CHARTERED
129 South Eighth - P.O. Box 380
Salina, KS 67402-0380
City Attorney for City of Salina, Kansas
and the original for filing to:
Carrolyn R. Henry
Clerk of the District Court
Saline County Courthouse
P.O. Box 1756
Salina, KS 67402-1756
Jack N. Stewart
-3-
CITY OF 4
/
SALINA, KANSAS !L
r
v,
`92 NO PL 135
Attorney
Attorn29
Greg A.BengtsonCLE "; P.4.BUI 380 _
(913)823-6325 J K'S 67401-0380
November 17, 1992
HAND-DELIVERED
Jacqueline B. Shiever
City Clerk
City of Salina
P.O. Box 736
Salina, KS 67402-0736
Rec: City v. Union Pacific and Missouri Pacific Railroads
Dear Jackie:
I enclose Release (Partial) of Mortgage Liens to be held in safekeeping.
Thank you.
Very truly yours,
ue Gray CIA, Legal Assistant
to Greg A. Bengtson, City Attorney
sg
enc.
';gea; Bmk Page ! I/
rH D
'� A 1 I
SnLi rSaS 4 A.
92N J
• 35 Im
Condemnation of Property o. 4
in Salina, Saline County, Kansas C ._`- ' �O,J T
as Conveyed to City of Salina Date: JUL 16'92
RELEASE (PARTIAL) OF MORTGAGE LIENS
THE BOATMEN' S NATIONAL BANK OF ST. LOUIS, a corporation
organized and existing under the laws of the United States of
America, Trustee under the First Mortgage dated January 1, 1955,
from Missouri Pacific Railroad Company (hereinafter called the
Company) to the Boatmen' s National Bank of St. Louis, as Trustee,
MANUFACTURERS HANOVER TRUST COMPANY ( formerly Manufacturers Trust
Company) , a New York corporation, as Corporate Trustee, and DONNELL
REID, of St. Louis, Missouri , as Successor Individual Trustee,
under the General ( Income) Mortgage, dated January 1, 1955, from
the Company to Manufacturers Trust Company (now Manufacturers
Hanover Trust Company) and Charles Herman (Donnell Reid now
Successor Individual Trustee) , as Trustees, in consideration of
compliance by the Company with applicable provisions of Article
Seven of said Mortgages (which term shall include supplements
thereto, if any) , hereby RELEASE AND DISCHARGE from the liens of
the Mortgages, in the order of their priority, the following
described property or interests in property conveyed or transferred
by the Company to the CITY OF SALINA (hereinafter referred to as
the Grantee) , pursuant to a Journal Entry, in the matter of the
condemnation proceeding in the matter of City of Salina v. Union
Pacific Railroad Company and Missouri Pacific Railroad Company, as
such property is described in Exhibit A, hereto attached and hereby
made a part hereof and do hereby CERTIFY and CONFIRM to the Company
and the Grantee, their respective successors and assigns, that said
property or interests in property are free from the liens of said
Mortgages, subject to the reservations, exceptions and conditions
set forth therein.
The undersigned, as Trustees as aforesaid, hereby request
and direct any officer (including the recorder of the city, county
or parish wherein the aforesaid property is located) having charge
and custody of any records where said Mortages may be filed and
recorded (with respect to the aforesaid property) to ( i) satisfy
and discharge of record the Mortgages, and ( ii) to enter upon the
margin of the record the satisfaction, release and discharge of the
liens of the Mortgages , in each instance insofar as, but only
insofar as , the hereinbefore described property is concerned, and
no further; and for said purpose (but for no other) do hereby
constitute and appoint any such officer as their agent and attorney
with power and authority to accomplish the foregoing release and
satisfaction with respect to only said property.
0
Mtge. Book 4L5/rageffzq
No warranty of any character is made, assumed or
undertaken by the undersigned, either as such Trustees or
individually, and none shall be implied against them, or any of
them, by reason of the execution and delivery of this instrument.
On September 8, 1961, pursuant to the laws of the State
of New York, The Hanover Bank, a New York corporation, was duly
merged into Manufacturers Trust Company, under the name
Manufacturers Hanover Trust Company, and said Manufacturers Hanover
Trust Company continues to be and is now the duly constituted and
acting Corporate Trustee under the General ( Income) Mortgage herein
described.
On January 1, 1976 , pursuant to Sections 12 . 04 and 12 . 05
of the General ( Income) Mortgage, Mr. Charles Herman resigned as
Individual Trustee and pursuant to Section 12 . 05 of the said
General ( Income) Mortgage and, acting under the authority granted
him by the Company' s Board of Directors, the President of the
Company duly appointed Mr. Donald B. Wehrmann as Successor
Individual Trustee under the General ( Income) Mortgage. Mr. Donald
B. Wehrmann died on April 1, 1979 . On June 1, 1979 , pursuant to
Section 12 . 05 of the said General ( Income) Mortgage and, acting
under the authority granted him by the Company' s Board of
Directors, the President of the Company duly appointed Mr. Donnell
Reid as Successor Individual Trustee under the General ( Income)
Mortgage. Donnell Reid continues to be and is now the duly
constituted and acting Successor Individual Trustee under the
General ( Income) Mortgage herein described.
The Company' s First Mortgage and General ( Income)
Mortgage are recorded in Book 207 of Mortgages, Pages 116-229, and
Book 207 of Mortgages, Pages 1-115, respectively, in the records of
the Recorder of Deeds of Saline County, Kansas . Supplemental
Indentures dated November 1, 1978 to the Company' s First Mortgage
and General ( Income) Mortgage are recorded in Volume 330, Page 761,
and Volume 333, Page 217 , respectively, in the records of the
Recorder of Deeds of Saline County, Kansas .
IN WITNESS WHEREOF, THE BOATMEN' S NATIONAL BANK OF ST.
LOUIS, pursuant to due corporate authority, has caused this
instrument to be signed in its corporate name by a duly authorized
officer, and its corporate seal to be affixed hereto and the same
to be attested by the signature of an Assistant Trust Officer; and
MANUFACTURERS HANOVER TRUST COMPANY, pursuant to due corporate
authority, has caused this instrument to be signed in its corporate
name by a duly authorized officer, and its corporate seal to be
2
Mtge. Boo°f X58 440
affixed hereto and the same to be attested by the signature of a
Trust Officer; and DONNELL REID has hereto set his hand all as of
the day and year first above written.
THE BOATMEN' S NATIONAL BANK OF
ST. LOUIS, as Corporate Trustee
Attest: under the First Mortgage
ccs_A2a,y7
By /12. .14,..K..„ aotz.s
Title: Trust Ott-.Ler Title: Trust G+; co
Helen Ross
CHEMICAL BANK,
successor by merger to
Attest: MANUFACTURERS HANOVER TRUST COMPANY,
as Corporate Trustee under the
General ( Income) Mortgage
(I
170144,2'Di-de m(4_ , By c/14.--R
l.-- p • (-6 L., -______
Trust Officer Assistant Vice President
Carolyn P. Baxter
fr I
DONNELL REID, Successor Individual
Trustee under the General ( Income)
Mortgage
3
1 y
STATE OF MISSOURI )
SS.
CITY OF ST. LOUIS
In Madeline* , the undersigned officer, a
notary public duly qualified, commissioned, sworn and acting in and
for said City in said State, hereby certify that on this /Z,t/,_
day of C 19
Before me appeared Re/e/1 /`osS , to me
personally known to be the person whose name is subscribed to the
foregoing instrument as a .t-t;;sc O;
of The Boatmen' s National Bank of St. Louis, as Corporate Trustee
under the First Mortgage, dated January 1, 1955, of Missouri
Pacific Railroad Company, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and
in the capacity therein stated as the free act and deed of said
Corporate Trustee; and, being by me first duly sworn, acknowledged
that one of the seals affixed to the foregoing instrument is the
corporate seal of The Boatmen' s National Bank of St. Louis, and
that said instrument was signed and sealed in its behalf by the
authority of its Board of Directors .
I am not a director or officer of The Boatmen' s National
Bank of St. Louis .
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal of office the day and year first above written.
/ tar P blic
JOY MARIE LINCOLN
My Commission Expires : FJOTARYSTPUBLIC—STATELOUiSCOUiVOFTYMiSSOURI
MY COMMISSION EXPIRES OCT.16,1994
(Notal.is , ,eat)
4
Mtge. Book , (
STATE OF NEW YORK
SS.
COUNTY OF NEW YORK )
I� G. John Kirsch
, the undersigned
officer, a notary public duly qualified, commissioned, sworn and
acting in and for said County in said State, hereby certify that on
this .D_,.,,, i day of Sam , 197,2d :
Before me appeared Carolyn P. Baxter , to me
personally known to be the person whose name is subscribed to the
foregoing instrument as an Assistant Vice President of
Manufacturers Hanover Trust Company, as Corporate Trustee under the
General ( Income) Mortgage, dated January 1, 1955, of Missouri
Pacific Railroad Company, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and
in the capacity therein stated as the free act and deed of said
Corporate Trustee; and, being by me first duly sworn, did depose
and say that he resides at
140-16 34th Avenue
Linden Hill, New York 11354 , that he is an Assistant Vice
President of Manufacturers Hanover Trust Company, one of the
corporations described in and which executed the foregoing
instrument; that he knows the seal of said corporation; that one of
the seals affixed to the foregoing instrument is such corporate
seal, that it was so affixed by order of the Board of Directors of
said corporation, and that he signed his name thereto by like
order.
I am not a director or executive officer of Manufacturers
Hanover Trust company.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal of office the day and year first above written.
je: 1 r 7 ANotary Public
G. JOHN KIRSCH
Notary Public, State of New York
No. 4964966
Qualified in Nassau County
Certificate filed in New York County
(Notarial Seal) Commission Expires April 16,'1
Iqqy
5
z.
MICROFILMED
NOV 111992
I
STATE OF MISSOURI
SS.
CITY OF ST. LOUIS
I, /---21 e.-- iquix) /o A,c..., the undersigned officer,
a notary public duly qualified, commissioned, sworn and acting ,in
and for said City in said State, hereby certify that on this
day of &- . , 1992-:
Before me personally appeared DONNELL REID, to me known
to be the person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as Successor
Individual Trustee under the General ( Income) Mortgage referred to
in the foregoing instrument, for the purposes and consideration
therein expressed and in the capacity therein stated, and as his
free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal of office the day and year first above written.
Notary Public
My Commission Expires :
FLORENCE DAWN TATOSIAN
NOTARY PUBLIC-STATE OF MISSOURI
(Notarial Seal) ST. LOUIS COUNTY
MY COMMISSION EXPIRES AUG. 20, 1994
6
•
..t
MICROFILMED
NOV tI992
45g l Y.`�
A parcel of land being all of Lots Thirty-two (32) ,
Thirty-four (34) , Thirty-six (36) , and Thirty-eight (38) ,
on Third Street, and all that portion of Lots Twenty-six`
(26) , Twenty-eight (28) , and Thirty (30) on Third Street
and Lots Thirty-one (31) , Thirty-three (33) , Thirty-five
(35) , and Thirty-seven (37) on Fourth Street lying
southeasterly of a line concentric with and 40. 0 feet
distant southeasterly of the centerline of the connecting
wye track between the Union Pacific Railroad Company's
Track No. 71 and the Missouri Pacific Railroad Company's
Track No. 10 which said line begins at a point on the
south line of said Lot Thirty-seven (37) that is 25. 0
feet east, measured along said south line, from the
southwest corner of said Lot Thirty-seven (37) to a point
on the east line of said Lot Twenty-six (26) that is 25. 0
feet north, measured along said east line, from the
southeast corner of said Lot Twenty-six (26) , Original
Townsite to the City of Salina, Saline County, Kansas,
together with the vacated alley lying between said lots
as vacated by Ordinance No. 2181 approved May 26, 1918,
EXCEPTING therefrom, all that portion of said vacated
alley lying northwesterly of said concentric line.
Containing a net area of 45, 864 square feet, more or less.
EXHIBIT "A"
STATE OF KANSAS ., ` (�
COUNTY OF SALINE 5 - �
FILED FOR RECORD IN MY OFFI
ON NOV - 9 1992 AT
,3:40'CLOCKM.AN v %ULY RECORDED
VOL - =* 0 /e� •,T PAGE 3��' ! 77
• , _J�• ' G. OF DEEDS
#U69 (it 1441,4
'S
CITY OF
SALINA, KANSAS
City Attorney 129 South 8th
Greg A.Bengtson P.O.Baa 380
(913)823-6325 Salina,KS 67402-0380
June 25, 1992
Dennis M. Kis/singer
City Manager
City of Spina
P.O. B 736
Salin KS 67402-0736
ReV Railroad condemnation
Dear Dennis:
Enclosed are copies of a letter from Jack Stewart and the closing pleadings I wrote to
him about. The filing of these pleadings brings final closure to the two court
proceedings. Please let me know if you have any questions.
Sincerely,
Greg A. Bengtson
City Attorney
GAB/ /
cc: Robert K. Biles, Director of Finance
IN THE DISTRICT .COURT OF. SALINE COUNTY, KANSAS
IN THE MATTER OF CONDEn A CPN OFp L D N SALINE COUNTY, KANSAS
BY THE CITY OF SALINA,p KANSAS
2T COU
CITY OF SALINA, a Kansas )
municipal corporation, )
Plaintiff, )
vs . ) Case No. 91 CVC 193
UNION PACIFIC RAILROAD COMPANY, )
a Utah corporation authorized )
to do business in Kansas ; and )
MISSOURI PACIFIC RAILROAD COMPANY, )
a Delaware corporation authorized )
to do business in Kansas, )
Defendants . )
SATISFACTION OF JUDGMENT
The Defendants , Union Pacific Railroad Company and Missouri
Pacific Railroad Company, acknowledge that Plaintiff, City of
Salina, has paid to Defendants $35 , 928 . 00 in full satisfaction of
the judgment entered in favor of Defendants pursuant to the Court ' s
Journal Entry entered and filed April 9 , 1992 .
EXECUTED June 24 , 1992 .
,v 16 / —
.ack N. Stewart, #4986 , of
HAMPTON, ROYCE, ENGLEMAN & NELSON
Ninth Floor - United Building
119 West Iron Avenue
P .O. Box 1247
Salina, KS 67402-1247
( 913) 827-7251
Attorneys for Defendants
IN THE DISTRICT COURT OF SALINCOUNTY, KANSAS
IN THE MATTER OF CONDEMNATI;CM,�QF4ALINE COUNTY, KANSAS
J U, 1 �
BY THE CITY OF SALINA, KANSAS
„'.JJR{ I
CITY OF SALINA, a Kansas )
municipal corporation, )
Plaintiff, )
vs . ) Case No. 92 CVC 137M
UNION PACIFIC RAILROAD COMPANY, )
a Utah corporation authorized )
to do business in Kansas; and )
MISSOURI PACIFIC RAILROAD COMPANY, )
a Delaware corporation authorized )
to do business in Kansas, )
Defendants . )
SATISFACTION OF JUDGMENT AND
ACKNOWLEDGMENT OF PAYMENT OF STIPULATED COMPENSATION
The Defendants, Union Pacific Railroad Company and Missouri
Pacific Railroad Company, acknowledge that pursuant to the Order
Approving Petition and Ordering Payment of Stipulated Compensation,
entered by the Court and filed April 27 , 1992 , Plaintiff, City of
Salina, paid the stipulated compensation of $18, 000 . 00 to the Clerk
of the District Court on April 27 , 1992 , and upon such payment,
title to the Real Estate described in Plaintiff ' s Petition and in
such Order vested in the Plaintiff pursuant to K.S .A. 26-204 and
26-507 .
Defendants further acknowledge that pursuant to such Order,
the Clerk of the District Court on April 27 , 1992 , paid such sum of
- 1 -
k
$18, 000 . 00 over to Union Pacific Railroad Company and Missouri
Pacific Railroad Company.
Defendants further acknowledge that they have received the
stipulated compensation of $18 , 000 . 00 in accordance with such Order
and in full satisfaction of the judgment herein.
EXECUTED June 24 , 1992 .
%' Jack N. Stewart, #4986 , of
/HAMPTON, ROYCE, ENGLEMAN & NELSON
6,/'
/
Ninth Floor - United Building
119 West Iron Avenue
P.O. Box 1247
Salina, KS 67402-1247
( 913) 827-7251
Attorneys for Defendants
2 -