03-10181 Eminent Domain Marydal(Published in The Salina Journal onlDece"eraZa043 )
ORDINANCE NUMBER 03-10181
AN ORDINANCE ORDERING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL ESTATE FOR THE USE OF THE CITY OF SALINA, KANSAS, FOR THE
PURPOSE OF CONSTRUCTING THE NORTH OHIO STREET OVERPASS PROJECT IN
CONJUNCTION WITH THE KANSAS DEPARTMENT OF TRANSPORTATION,
PURSUANT TO CHAPTER 26 OF THE KANSAS STATUTES ANNOTATED, AND
AMENDMENTS THERETO, AND FURTHER PURSUANT TO RESOLUTION NUMBER 03-
6001 OF THE CITY OF SALINA, KANSAS.
WHEREAS, on November 17, 2003 the Board of Commissioners of the City of Salina,
Kansas, adopted Resolution Number 03-6001 (published November 20, 2003) authorizing the City
Engineer to cause surveys and descriptions to be made of real estate to be acquired by the City for the
purpose of constructing the North Ohio Street Overpass Project in conjunction with the Kansas
Department of Transportation, which surveys and descriptions have been filed with the Office of the
City Clerk, 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 fee simple title to certain real estate for use by the City
for the purpose of constructing the North Ohio Street Overpass Project in conjunction with the Kansas
Department of Transportation.
Section 2. That the real estate required to be taken for such public use is described in the
Certificate of Engineer prepared by the Office of the City Engineer and filed with the Office of the City
Clerk pursuant to K.S.A. 26-201 ("Certificate of Engineer").
Section 3. That the real estate described in the Certificate of Engineer includes what is
referred to as Tract 10, legally described as follows:
All of Lots 28, 29, 30, and 31, and Lot 27 less the west 21.7 feet, all in
Block Two, Marydale Addition to the City of Salina, Saline County,
Kansas (the "Real Estate");
which real estate is 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 fee simple 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: December 15, 2003
Passed: December 22, 2003
414anE i�.J1ka,M U4
[SEAL]
ATTEST:
Lieu Arm Elsey, City Clerk
DEPARTMENT OF ENGINEERING
AND GENERAL SERVICES
Shawn O'Leary, P.E., Director
300 West Ash • P.O. Box 736
Salina, Kansas 67402-0736
City of
Salina
MEMORANDUM
TO: Lieu Ann Elsey, City Clerk
FROM: Shawn O'Leary, Director of Engineering
DATE: December 15, 2003
TELEPHONE (785) 309-5725
FAX (785) 309-5713
TDD (785) 309-5747
E-MAIL • shawn.olearvcDsalina.org
WEBSITE • www.ci.salina.ks.us
'03 DEC 15 Pm3:52
RE: Filing of surveys and legal descriptions for North Ohio Overpass Project
Attached for filing in accordance with K.S.A. 26-201 are the legal descriptions for those
properties that must be acquired in their entirety in order to construct Kansas Department of
Transportation Project No. 85 K -8307-01—a Grade Separation Project at North Ohio Street, over
the Union Pacific Railway Company's tracks and the Kansas and Oklahoma Railroad
Company's tracks. These legal descriptions have been prepared and are filed pursuant to
Resolution Number -03-6001 and are identified as Tracts 3, 4, 5, 6, 7, 8, 9, 10, 14, and 15.
7
O'Leary, City gineer
Our Mission is to Build and Maintain a Clean, Safe Community
TRACT NO. 3:
A tract of land in Lot Five (5), East Gardens, an Addition to the City of Salina, Saline
County, Kansas described as follows:
Beginning at a point 74.81 feet South of the Northeast corner of said Lot 5; thence South
51.54 feet along the East line of said Lot 5; thence Southwesterly 109.21 feet along the
South line of said Lot 5; thence Northwesterly 49.00 feet on a line perpendicular to the
North line of said Lot 5; thence Northeasterly 125.47 feet along a line parallel to the
North line of said Lot 5 to the point of beginning.
Containing 4,967 square feet, excluding additional 15.00 feet right of way taken, more or
less.
TRACT NO. 4:
A parcel in Lot Five (5), East Gardens, an Addition to the City of Salina, Saline County,
Kansas described as follows:
Beginning at a point 121.01 feet Southwesterly of the Northeast corner of Lot 5 and on
the North line of Lot 5;
Thence Southeasterly 71.01 feet on a line perpendicular to the North line of Lot 5;
Thence Southwesterly 28.00 feet on a line parallel with the North line of Lot 5;
Thence Southeasterly 49.00 feet on a line perpendicular to the North line of Lot 5;
Thence Southwesterly 77.00 feet along the South line of Lot 5;
Thence Northwesterly 120.07 feet on a line perpendicular to the North line of Lot 5;
Thence Northeasterly 105.00 feet along the North line of Lot 5 to the point of beginning.
Containing 11,272 square feet, more or less.
TRACT NO. S:
A parcel in Lot Five (5), East Gardens, an Addition to the City of Salina, Saline County,
Kansas described as follows:
Beginning at the Northeast corner of Lot 5;
Thence S 00°00'00" W 74.81 feet along the East line of Lot 5;
Thence S 71°39'29" W 97.47 feet;
Thence N 18°20'31" W 71.01 feet;
Thence N 71 °39'29" E 121.01 feet along the North line of Lot 5 to the point of beginning.
Containing 6,635 square feet, excluding additional 15.00 feet right of way taken, more or
less.
TRACT NO. 6:
A portion of Lot 3, East Gardens Addition, in the City of Salina, Kansas; more fully
described as follows: Beginning 1,166.2 feet north and 42.13 feet west -south=west of the
SE corner of the NE %4 , Section 12, Township 14 South, Range 3 West, in Saline County,
Kansas, said point of beginning being at the intersection of the west line of Ohio Street
and the north line of Lot 4, East Gardens Addition, in Salina, Kansas; thence north seven
feet to a point on the west line of Ohio Street; thence west 292.30 feet; thence south
103.67 feet; thence northeasterly along the north of Lot 4, East Gardens Addition, 307.87
feet to the point of beginning.
And
Lot Four (4), less the west two (2) feet of said Lot Four (4), all in East Gardens, an
Addition to the City of Salina, Saline County, Kansas.
Tracts Contain 57,019 square feet or 1.3 acres, excluding additional 15.00 f -.et right of
way taken, more or less.
TRACT NO. 7:
Block Two (2) of Blocks Two (2) and Three (3), Northeast Industrial Park Addition to the
City of Salina, Saline County, Kansas.
Containing 99,050 square feet or 2.3 acres, more or less.
TRACT NO. 8:
A tract of land located in the Northeast Quarter (NE '/4) of Section 12, Township 14
South, Range 3 West of the 6th P.M., City of Salina, Saline County, Kansas, described a
follows:
Commencing at the Northeast corner of said Northeast Quarter, thence on an
assumed bearing of South 00 degrees 00 minutes 00 seconds West, along the east line of
said Northeast Quarter, a distance of 810.24 feet;
Thence North 90 degrees 00 minutes 00 seconds West, a distance of 50.00 feet, to
the point of beginning;
Thence South 00 degrees 00 minutes 00 seconds West, parallel with the east line
of said Northeast Quarter, a distance of 114.83 feet;
Thence South 62 degrees 07 minutes 17 seconds West, parallel with the Central
Kansas Railway, L.L.C. track, a distance of 594.31 feet;
Thence North 27 degrees 52 minutes 43 seconds West, a distance of 101.5 feet;
Thence North 62 degrees 07 minutes 17 seconds East, parallel with the Central
Kansas Railway, L.L.C. track, a distance of 648.00 feet, back to the point of beginning.
Said tract of land is subject to all easements and right of ways of record.
Said tract of land contains 63,047 square feet or 1.45 acres, more or less.
TRACT NO. 9:
A tract of land located in the Northeast Quarter (NE '/4) of Section Twelve (12),
Township Fourteen (14) South, Range Two (2) West of the 6th P.M. in Saline County,
Kansas, described as follows:
Beginning at the Northeast corner of said Section Twelve (12), thence on an
assumed bearing South 00 degrees 00 minutes 00 seconds West along the east Nine of said
Section Twelve (12) a distance of 543.94';
Thence South 90 degrees 00 minutes 00 seconds West a distance of 40.00' to a
point on the West right-of-way line of Ohio Street, said point being the. point of
beginning;
Thence South 00 degrees 00 minutes 00 seconds East along said right-of-way line
and parallel with said east line a distance of 161.40';
Thence South 68 degrees 20 minutes 21 seconds West a distance of 104.5.69 feet;
Thence North 00 degrees 00 minutes 00 seconds West and parallel with said east
line of Section Twelve (12) a distance of 161.40 feet;
Thence North 68 degrees 20 minutes 21 seconds East a distance of 1045.69 feet to
the point of beginning.
Said tract contains 156,853 square feet, or 3.6 acres, more or less.
TRACT NO. 10:
All of Lots 28,29,30 and 31, and Lot 27 less the west 21.7 feet, all in Block Two,
Marydale Addition to the City of Salina, Saline County, Kansas.
Containing 29,142 square feet, more or less.
TRACT NO. 14:
Lots One (1), Two (2), and Three (3), in Fairway, a Subdivision in Saline County,
Kansas.
Containing 24,449 square feet, more or less.
TRACT NO. 15:
A tract of land located in the Northwest Quarter (NW 1/4) of Section Seven (7)„ Township
Fourteen (14) South, Range Two (2) West of the 6`h Principal Meridian in Saline County,
Kansas, more particularly described as follows:
Beginning at a point 545.18 feet South of and 40.0 feet East of the Northwest Corner of
said Northwest Quarter (NW 1/4);
Thence N 68°17'00" E, a distance of 232.0 feet;
Thence S 03°22'40" W, a distance of 152.58 feet;
Thence S 62°56'00" W, a distance of 232.0 feet;
Thence N 00°00'00" W, a distance of 172.0 feet to the point of beginning.
Said tract contains 33,787 square feet, more or less.