88-9294 Eminent Domain Ohio St(Published in The Salina Journal December 23 , 1988)
ORDINANCE NUMBER 88-9294
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
OF CERTAIN RIGHT-OF-WAY AND PERMANENT EASEMENTS FOR THE USE OF
THE CITY OF SALINA, KANSAS, FOR THE PURPOSE OF INSTALLING,
REPAIRING, REPLACING, AND MAINTAINING PUBLIC STREET, PUBLIC
UTILITIES AND PUBLIC SIDEWALK IN PERPETUITY IN CONJUNCTION WITH
THE OHIO STREET IMPROVEMENT PROJECT (Engineering Project 88-760),
PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS THE
SAME RELATES TO CONDEMNATION BY CITIES AND FURTHER PURSUANT TO
RESOLUTION NUMBER 88-4028 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
has heretofore authorized a survey and description to be made of certain
interests in real estate to be acquired by the City conjunction with Phase 3 of
the Ohio Street Improvement Project (Engineering Project 88-760) for the
purposes of installing, repairing, replacing, and maintaining public street,
public utilities and public sidewalk, in perpetuity; which survey and description
has been filed with Office of the City Clerk, SO NOW, THEREFORE
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That the Board of Commissioners hereby reaffirms the
prior orders and declarations of the necessity for acquisition of certain interests
in real estate in conjunction with Phase 3 of the Ohio Street Improvement Project
(Engineering Project 88-760) for the purpose of installing, repairing, replacing,
and maintaining public street, public utilities and public sidewalk, in perpetuity.
Section 2. That the right-of-way and permanent easements required to
be taken for such public use are described in the Certificate of Engineer
prepared by the Office of the City Engineer and filed with the City Clerk
pursuant to K.S.A. 26-201, are as listed on attached Exhibit A.
Section 3. That the right-of-way and permanent easements described
in attached Exhibit A are hereby ordered condemned for the purposes set forth
in Section 1 above.
Section 4. That the City Attorney is hereby directed and authorized
to file a verified petition in the District Court of Saline County, Kansas, for the
condemnation and acquisition of the right-of-way and permanent easements
described in attached Exhibit A pursuant to Chapter 26, and amendments
thereto, as the same relates to condenination by cities, and to do all that is
necessary for the condemnation and acquisition of the right-of-way and
permanent easements for said public purpose.
Section 5. That this ordinance shall constitute the final order setting
forth the condemnation of the right-of-way and permanent easements described
herein and for the purpose for which the same are 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 law.
1
[SEAL]
ATTEST:
Robert K. Biles, City Clerk
L
Introduced: November 28, 1988
Passed: December 19, 1988
Sdnej Soderberg/, Mayor
SCHEDULE "A"
Permanent Easements
Tract #23
The West Five (5) feet of Lot Thirteen (13), Block
One (1), Stack Place Addition to the City of
Salina, Saline County, Kansas, containing 225
square feet, more or less
Tract #25
The West Five (5) feet of Lot Seventeen (17),
Block One (1), Stack Place Addition to the City of
Salina, Saline County, Kansas, containing 250
square feet, more or less
Tract #29
The West Five (5) feet of Lot Twenty-three (23),
Block One (1), Stack Place Addition to the City of
Salina, Saline County, Kansas, containing 225
square feet, more or less
Tract #30
The West Five (5) feet of Lot Twenty-five (25),
Block One (1), Stack Place Addition to the City of
Salina, Saline County, Kansas, containing 225
square feet, more or less
Tract #32
The West Five (5) feet of Lots One (1) and Three
(3), Block Five (5), Stack Place Addition to the
City of Salina, Saline County, Kansas, containing
450 square feet, more or less
Tract #33
The West Five (5) feet of Lot Five (5), Block Five
(5), Stack Place Addition to the City of Salina,
Saline County, Kansas, containing 225 square feet,
more or less
Tract #35
The West Five (5) feet of the South Twenty-seven
(27) feet of Lot Thirteen (13), and the West Five
(5) feet of the North Thirty -Six (36) feet of Lot
Fifteen (15), all in Block Five (5), Stack Place
Addition to the City of Salina, Saline County,
Kansas, containing 315 square feet, more or less
Tract #36
The West Five (5) feet of Lot Seventeen (17), and
the West Five (5) feet of the South Nine (9) feet
of Lot Fifteen (15), and the West Five (5) feet of
the North Nine (9) feet of Lot Nineteen (19), all
in Block Five 95), Stack Place Addition to the
City of Salina, Saline County, Kansas, containing
315 square feet, more or less
Tract #48
The West Five (5) feet of the East Forty (40) feet
of the South Fifty (50) feet of the North One
Hundred (100) feet of Lot Eight (8) in Surveyor's
Plat No. 12 to the City of Salina, Saline County,
Kansas, containing 250 square feet, more or less
Tract #50
The West Five (5) feet of the East Forty (40) feet
of Lot Twelve (12) in Surveyor's Plat No. 12 to
the City of Salina, Saline County, Kansas,
containing 250 square feet, more or less
Right -of -Way
Tract #50
The West Eight (8) feet of the East Thirty-five
(35) feet of Lot Twelve (12) in Surveyor's Plat
No. 12 to the City of Salina, Saline County,
Kansas, containing 800 square feet, more or less