3rd/4th St Affidavit of Payment of Appraisers' Award in Eminent Domain Procedures Misc.Bk Pg 14
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STATE OF KANSAS s , a
CITY CLERK'S AFFIDAVIT REGARDING
COUNTY OF SALINE "', ✓
PAYMENT OF APPRAISERS' AWARD FILED FOR RECORD IN MY OFFICE
IN EMINENT DOMAIN PROCEEDINGS ON NOV - 6 1992 AT
O'CLOCIM.ANULY RECORDED
STATE OF KANSAS, COUNTY OF SALINE, ss: VOL FAT PAGE'3`I—
,� REG. OF DEEDS gq,
Jacqueline Shiever, City Clerk of the City of Salina, Kansas, of lawful age, being first
duly sworn on oath deposes and states as follows:
1. On June 21, 1991 the City of Salina, a Kansas municipal corporation (the
"City") filed its verified Petition in the case of City of Salina vs. Union Pacific Railroad
Company and Missouri Pacific Railroad Company, Saline County, Kansas Case No. 91 CVC
193.
2. On July 15, 1991 the Court entered its order determining that the plaintiff has
the power of eminent domain and that the taking is necessary to the lawful corporate
purposes of the plaintiff. The Court then appointed three disinterested householders of the
county to determine the damages of the interested parties resulting from the taking and to
file their report no later than August 5, 1991.
3. Attached is a certified copy of the Appraisers' Report as filed with the Clerk
of the Saline County District Court on August 30, 1991.
4. On September 24, 1991, the Clerk of the Saline County District Court received
from the City of Salina the sum of $15,192 in payment of the appraisers' award ($12,072)
as to the tract described in the attached Appraisers' Report (the "Tract"), plus court costs
accrued to date including appraisers' fees, vesting title to the Tract in the City effective as
of the same date.
Further Affiant saith not.
City Clerk, City of Salina, Kansas
•0
Jacqueline Shiever
Subscribed and sworn to before me this b' day of , 1992.
DIANN B. HEATH
Notary Public-State of Karma / - �J
My Appt.Expires 11 _24-9 4 -r�7 • / Q CL-60
Notary Public
My appointment expires: /1/8-1/a.-,N1 .2G /991/
This affidavit does not require a real estate sales validation questionaire
pursuant to K.S.A. 79-1437e(13) .
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NOV - 91992
!BY CA� -� f ,
Misc.BK A.=Pg_ 00
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 ''
y� . ii�,i, 3p p ;n
municipal corporation )
Plaintiff, )
)
cf`
vs. ) CaseNo. 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. )
APPRAISERS ' REPORT
COME NOW Dick George, John W. Heline, and Max McClintock, the
appraisers duly appointed by the Court on July 15, 1991, to
appraise the interests in real estate set out in the petition filed
in this proceeding, and to file this Appraisers ' Report this 304-4-
day of August, 1991, in the office of the Clerk of the District
Court of Saline County, Kansas.
We, the undersigned appraisers, state as follows:
1. On July 18 , 1991 we caused notices to be mailed in
substantially the statutory form to the plaintiff and to each
defendant named in the petition, of a public hearing to be held on
August 2 , 1991 at 10: 00 a.m. at the City-County Building, Room 200,
300 West Ash, Salina, Kansas.
2 . We caused notice of the public hearing, in substantially
the statutory form to be published in The Salina Journal, a
newspaper of general circulation in Saline County, on July 18,
1991.
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3 . Pursuant to the notices mailed and published, the public
hearing was commenced on August 2 , 1991. After receiving
information presented by representatives of the City of Salina, the
public hearing was continued and reconvened in the same room at
10: 00 a.m. , Friday, August 30, 1991.
4 . On August 5, 1991, the Court entered its order extending
the deadline for submission of this report until August 30, 1991.
5 . In order to accommodate the mutual needs of the parties,
the parties have agreed that the tract to be acquired in this
condemnation proceeding shall be a somewhat smaller tract within
the tract described in the petition, which is owned in part by the
Union Pacific Railroad Company and in part by the Missouri Pacific
Railroad Company, as follows:
Union Pacific Railroad Company
All of Lots Forty (40) , Forty-two (42) , Forty-four (44) ,
Forty-six (46) and Forty-eight (48) on Third Street`, the
east half of Lots Thirty-nine (39) , Forty-one (41) ,
Forty-three (43) , Forty-five (45) and Forty-seven (47) on
Fourth Street, and the vacated alley between said lots
vacated by Ordinance No. 2181 dated May 20, 1918 ,
Original Townsite to the City of Salina, Saline County,
Kansas.
Containing an area of 47 , 500 square feet, more or less.
Missouri Pacific Railroad Company
The west half of Lots Forty-five (45) and Forty-seven
(47) , and all that portion of the west half of Lots
Thirty-nine (39) , Forty-one (41) , and Forty-three (43)
lying east of a straight line drawn from the southwest
corner of said Lot Forty-three (43) to a point on the
north line of said Lot Thirty-nine (39) that is 25. 0 feet
east, measured along said north line, from the northwest
corner of said Lot Thirty-nine (39) , all on Fourth
Street, Original Townsite to the City of Salina, Saline
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MICROFILMED
NOV - 9 1992
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County, Kansas, EXCEPTING therefrom the south 22 . 0 feet
of the west 12 . 0 feet of said Lot Forty-seven (47) .
Containing a net area of 12 , 861 square feet, more or less.
resulting in a taking of fee simple title to the combined tract
described as follows:
A parcel of land being all of Lots Forty (40) , Forty-two
(42) , Forty-four (44) , Forty-six (46) , and Forty-eight
(48) on Third street, all of Lots Forty-five (45) and
Forty-seven (47) on Fourth Street and all that portion of
Lots Thirty-nine (39) , Forty-one (41) and Forty-three
(43) on Fourth Street lying east of a straight line drawn
from the southwest corner of said Lot Forty-three (43) to
a point on the north line of said Lot Thirty-nine (39)
that is 25. 0 feet east, measured along said north line,
from the northwest corner of said Lot Thirty-nine (39) ,
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, the south 22 . 0 feet of the
west 12 . 0 feet of said Lot Forty-seven (47) .
Containing a net area of 60, 361 square feet, more or less.
6. The parties have advised us of their stipulation that the
condemnation of the tract described in paragraph 5 above
constitutes a partial taking of a larger tract owned and operated
as a single unit and legally described as follows:
A parcel of land being all of Lots Thirty-two (32) ,
Thirty-four (34) , Thirty-six (36) , Thirty-eight (38) ,
Forty (40) , Forty-two (42) , Forty-four (44) , Forty-six
(46) and Forty-eight (48) on Third Street, all of Lots
Forty-five (45) and Forty-seven (47) on Fourth Street,
all that portion of Lots Thirty-nine (39) , Forty-one
(41) , and Forty-three (43) on Fourth Street lying east of
a straight line drawn from the southwest corner of said
Lot Forty-three (43) to a point on the north line of said
Lot Thirty-nine (39) that is 25. 0 feet east, measured
along said north line, from the northwest corner of said
Lot Thirty-nine (39) , 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 on 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
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By_Lis-Alii;--,:-E c- eirit$ITy
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Misc.Bk
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, and
further EXCEPTING therefrom, the south 22 . 0 feet of the
west 12 . 0 feet of said Lot Forty-seven (47) .
Containing a net area of 106, 225 square feet, more or less.
7 . Attached as Exhibit A to this Report is a drawing
prepared by the Union Pacific Railroad Company which diagrams the
affected property and outlines the applicable square footage of the
respective tracts.
8 . The City of Salina has stipulated that we are to assume,
for purposes of our determination of the value of the taking, that
the entire tract described in paragraph 6 above is without
environmental contamination. We have made that assumption in
making our determination of the value of the taking.
9 . The interest to be acquired by the City in the tract
described in paragraph 5 above is fee simple title.
10. We determine the value of the entire tract described in
paragraph 6 above before condemnation to be: $ 0' 6/ 3 q .3 L
11. We determine the value of the 45 , 864 sq. ft. of the
entire tract remaining immediately after condemnation of the tract
to be acquired to be: $ .3 . �L 2-
12 .
12 . As a result, we determine the award to the owners to be
the difference between the value of the entire tract and the value
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'L MICROFILME11)
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of the 45,864 sq. ft. of the entire tract remaining immediately
after condemnation, which equals $ 121 ‘272.
13 . We file this Appraisers ' Report in the office of the
44
Clerk of the District Court in Saline County, Kansas, this 34 day
of August, 1991.
Dick - • ge
.ww- 210!
• n eline
Max McClintock
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NOV - 9199?
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20 33 I 34 ti UPRR CO.DAMAGED AREA = =O.6I2 50 FT 4
Il '• 12, MPRR CO. DAMAGED AREA = 5.252 SQ FT t.
f_ 20.612° TOTAL DAMAGEO AREA = 45.864 SO FT.'-
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14,822°'ti
76,1125,
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(. 3"$: :'!Q::t .... .. ._ UPRR CO.CONDEMNED AREA = 47.500 SO FT
i MPRR CO.CONDEMNED AREA = 12.861 50 Fri
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p•� :)i #ti::: �;�;i:::; '�:� = ��:f,Q:ca:�::;:i��� TOTAL CONDEMNED AREA - 60.361 SO FT t
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c i /[ 1:::` : ::47.500 SQ FT.:: .: :: :: ::..
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o - i ��� ODOIIODI PACIFIC RAAILROAD- COUPAItT'
I TRK TO BE RELOCATED Pi i111101011 PACIFIC RAILROAD- COMPANY--
Li:•', .- - M.P.0.3$ - tMCP RSON BRANC.SALINE COUNTY.IUNSAS H
25 49 i RMA I
PROPERTY CONDEMNED BY THE CITY OF SAL
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I 1 SCALE'1'= 100'
SI 5Z OFFICE OF DIRECTOR
CONTRACTS & REAL ESTATE
OMAHA.NEBRASKA AUGUST 22.1991'
CLC FILE'134T-21
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• o UFRR PROPERTY COMDE NED SHOWN--
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• IMPRR PROPERTY CONDEMNED SHOWN..... P777TT1f-
oir+ rs PROPERTY DAMAGED BY CONDEMNATION OUTLR�iED='"!"'�'-
f 1 RRCO.R/IY OUTLINED.—....«...—..
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MICROFILMP'
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1 NOV - 91992
1BY SALINE ut;.'..1. ' •
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•" Misc.Bk..A L pg
ENVIRONMENTAL HAZARDS -
The existence of hazardous materials, which may or may not be present
on the property, was not observed by the appraiser, nor has said appraiser
knowledge of the existence of such materials on or in the subject property.
The appraiser is not, nor does he imply to be, qualified to detect such
substances. The value of the subject property is predicated upon the
assumption that there are no hazardous materials in or on said property
and therefore no recognized loss in value to the subject property. If •
there is any question about the existence of these materials, the client
requestor is urged to retain an expert in this field.
STATE OF KANSAS, COUNTYI OF SAinJE
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