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.
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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
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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:
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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
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(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