Loading...
11-10625 East Magnolia Improvements Property Acquisition(Published in the Salina Journal on November �2q, 2011.) ORDINANCE NUMBER 11-10625 AN ORDINANCE ORDERING THE ACQUISITION OF TITLE TO CERTAIN INTERESTS IN REAL ESTATE FOR USE BY THE CITY OF SALINA, KANSAS, IN CONSTRUCTION OF THE EAST MAGNOLIA IMPROVEMENT PROJECT PURSUANT TO CHAPTER 26 OF THE KANSAS STATUTES ANNOTATED, AND AMENDMENTS THERETO. N N a WHEREAS, the City of Salina, Kansas (the "City") has by Resolution Number 11-6859 s declared it necessary to appropriate private property in order to complete a roadway widening and 3 replacement project on Magnolia Road from Ohio Street to east of the flood protection levee, including associated utility reconfigurations and drainage improvements, (the "Project"); and WHEREAS, in accordance with Resolution Number 11-6859, the City Engineer has caused a survey and description to be made of real estate to be acquired by the City for the purpose of constructing the Project, SO NOW, THEREFORE BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the Board of Commissioners hereby reaffirms the prior orders and declarations of the necessity for acquisition of title to certain interests in real estate for the purpose of constructing the Project. Section 2. That the interests in real estate required to be taken for such public use are described in the Certificate of Engineer prepared by the Office of the City Engineer and tiled with the Office of the City Clerk pursuant to K.S.A. 26-201. Section 3. That the following described interests in real estate: Right -of -Way: A strip of land located in the Northeast Quarter of Section 31, Township 14 South, IZange 2 West of the 6th P.M., Saline County, Kansas, and being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter, thence on an assumed bearing N88°5512"E, along the North line of said.Northeast Quarter, a distance of 230.00 feet to the Point of Beginning, said point being the Northeast corner of a Tract described In Deed Book 1003, Page 1886-1887; 'thence S00°30'07E, along the East line of said Tract described in Deed Book 1003, Pagc 1886-1887, a distance of 50.00 feet to a point on the South Right -of -Way line of an existing road Right -of -Way easement; Thence N88'55'1 2"E, along said South road Right -of Way easement, a distance of 338.48 feet to a point on the West Right -of -Way line of an existing road Right -of - Way easement; Thence S00°37'33"E, along said West road Right -of -Way casement, a distance of 10.00 feet to a point on the South Right -of -Way line of an existing road Right -of - Way casement; ,'hence N88'55'1 2"E, along said South road Right -of' Way casement, a distance of ' 487.87 feet; Theuce S77°02'37"E a distance of 61.85 feet; Thence N88°55' 12"E a distance of 315.00 feet; Thence S86°21'06"E a distance of 194.82 feet to a point on the South line of an existing City of Salina Flood Control Levee; Thence N82°30'43"W, along the South line of an existing City of Salina Flood Control Levee_. a distance of 276.53 feet to the West line of an existing City of Salina Flood Control Levee; Thence S36°02'13"W a distance of 23.20 feet; Thence S88°55'1 TV a distance of 20.00 feet: tO w Thence N38°11'48"W a distance of 23.20 feet to the point ol'beginning. Easement contains: 629 square feet, more or less s (the "Real Gsiate") are hereby ordered condemned for the purpose set forth in Section 1 above. Section 4. That the City Attorney is hereby directed to file a verified petition signed by the City Manager in the District Court of Saline County, Kansas, for the condemnation and acquisition of title to the Real Estate pursuant to Chapter 26 of the Kansas Statutes Annotated, and amendments thereto, and to do all that is necessary for the condemnation and acquisition of the Real Estate for the stated public purpose. Section 5. That this ordinance shall constitute the final order setting forth the condemnation of the Real Estate described herein and for the purpose for which it is to be used. Section 6. That this ordinance shall be in full force and effect from and after its adoption and publication as provided by the law. Introduced: November 21, 2011 passed: November 28, 2011 Saman . A c I, Mayor [SEAL] (ATTEST: �►1,fZ O,A—� Licit Ann Elsey, CMI Clerk