04-10201 Eminent Domain(Published in the Salina Journal on May -01
2004)
ORDINANCE NUMBER 04-10201
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 tract:
Tract 9
A tract of land located in the Northeast Quarter of Section 12, Township 14
South, Range 3 West of the 6th P.M., City of Salina, Saline County, Kansas,
described as follows:
Commencing at the Northeast corner of said Section 14; thence on an
assumed bearing of South 00°00'00" West, along the east line of said
Section 14, a distance of 543.94 feet; thence South 90°00'00" West, a
distance of 40.00 feet to a point on the West right-of-way line of Ohio
Street, said point being the Point of Beginning:
Thence South 00°00'00" East along said right-of-way line and parallel
with said east line a distance of 161.40 feet;
Thence South 68°20'21" West a distance of 1045.69 feet;
Thence North 00°00'00" West and parallel with said east line of Section
14, a distance of 161.40 feet;
Thence North 68°20'21" East, a distance of 1045.69 feet to the Point of
Beginning. Said tract contains 3.60 acres, more or less (the "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: May 3, 2004
Passed: May 10, 2004
Deborah P. Divine, Mayor, Acting
[SEAL]
ATTEST:
Penn�Day, eputy Ci Jerk