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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.