04-10197 Eminent Domain(Published in the Salina Journal on April oC-J , 2004)
ORDINANCE NUMBER 04-10197
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.
Section 3. That the following described tracts:
Tract 3
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 74.81 feet South of the Northeast corner of Lot 5;
thence South 51.54 feet along the East line of Lot 5; thence southwesterly
109.21 feet along the South line of Lot 5; thence Northwesterly 49.00 feet
on a line perpendicular to the North line of Lot 5; thence Northeasterly
125.47 feet along a line parallel to the North line of Lot 5 to the point of
beginning. Said tract contains .13 acres, more or less.
Tract 5
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 S00100'00" W, 74.81 feet along
the East line of Lot 5; thence S71°39'29" W, 97.47 feet; thence N18°20'31"W,
71.01 feet; thence N71°39'29" E, 121.01 feet along the North line of Lot 5 to the
point of beginning. Said tract contains .18 acres, more or less.
Tract 14
A tract of land in Fairway, a subdivision in City of Salina, Saline County
Kansas, described as follows:
All of Lots 1, 2 and 3, EXCEPT the West 5.0 feet of said Lot 1, containing .56 acres,
more or less.
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 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: April 12, 2004
Passed: April 19, 2004
'�..-
Alan E. Jilka ayor
[SEAL]
ATTEST:
Lieu Ann Elsey, City Cle