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04-10234 Eminent Domain(Published in the Salina Journal on October �_, 2004) ORDINANCE NUMBER 04-10234 AN ORDINANCE ORDERING THE ACQUISITION OF 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 September 13, 2004 the Board of Commissioners of the City of Salina, Kansas, adopted Resolution Number 04-6116 (published September 17, 2004) 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 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: Tracts 11, 12 and 13: FEE SIMPLE TITLE A tract of land in the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6th P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at a point on the South line, 12.192 meters (40.00 feet) West of the Southeast Corner of said Quarter Section, said South line having an assumed bearing of N 89057'27" W; thence N 00°01'49" E and parallel with the East line of said Quarter Section, a distance of 10.058 meters (33.00 feet) to a point on the existing Northerly Pacific Avenue right of way line, said point being the POINT OF BEGINNING; Thence N 89°57'27" W, along said right of way line, a distance of 28.954 meters (94.99 feet); Thence N 00002'33" E, along said right of way line, a distance of 8.230 meters (27.00 feet); Thence N 89'54'17" W, along said right of way line as described in Misc. Book 16, Page 409 of the records of Saline County, Kansas, a distance of 98.876 meters (324.39 feet); Thence N 00°01'41" E, a distance of 224.568 meters (736.77 feet); Thence Southwesterly along a non -tangent curve to the left, said curve having a radius of 234.005 meters (767.73 feet), an arc length of 188.787 meters (619.38 feet), and a chord which bears S 60°48'56" W, a distance of 183.708 meters (602.72 feet); Thence S 37°15'59" W, a distance of 80.000 meters (262.47 feet); Thence Southerly along a curve to the right, said curve having a radius of 265.240 meters (870.21 feet), an arc length of 70.351 meters (230.81 :feet) and chord which bears S 44°51'53" W, a distance of 70.145 meters (230.13 feet); Thence S 47033'45" E, a distance of 31.439 meters (103.15 feet) to a point on said Northerly Pacific Avenue right of way line as described in said Misc. Book 16, Page 409; Thence N 89'54'17" W along said right of way line, a distance of 29.838 meters (97.89 feet) to a point on the West line of the East half of said Quarter Section; j Thence S 00°06'54" W along said right of way line and said West line, a distance of 3.048 meters (10.00 feet); Thence N 89'54'13" W, along said right of way line, a distance of 140.307 meters (460.32 feet); Thence Northeasterly along a non -tangent curve to the left, said curve having a radius of 234.760 meters (770.21 feet), an arc length of 201.403 meters (660.77 feet), and a chord which bears N 61°50'37" E, a distance of 195.283 meters (640.69 feet); Thence N 37°15'59" E, a distance of 80.000 meters (262.47 feet); Thence Northeasterly along a curve to the right, said curve having a radius of 265.240 meters (870.21 feet), an arc length of 244.260 meters (801.38 feet) and chord which bears N 63°38'54" E, a distance of 235.720 meters (773.36 feet); Thence S 89'58'11 " E, a distance of 55.466 meters (181.97 feet); Thence N 00°01'49" E, a distance of 19.812 meters (65.00 feet); Thence N 45°40'26" E, a distance of 29.964 meters (98.31 feet); Thence S 89'58'11" E, a distance of 18.288 meters (60.00 feet) to a point on the existing Westerly Ohio Street right of way line as described in Misc. Book 90, Page 46-47 of the Records of Saline County, Kansas, said right of way line being 18.288 meters (60.00 feet) West of and parallel with the East line of said Quarter Section; Thence S 00°01'49" W, along said westerly right of way line, a distance of 24.559 meters (80.57 feet); Thence S 89°57'27" E, along said westerly right of way line, a distance of 7.620 meters (25.00 feet); Thence S 00°01'49" W, along said westerly right of way line, a distance of 9.144 meters (30.00 feet); Thence N 89°57'27" W, along said westerly right of way lime, a distance of 7.620 meters (25.00 feet); Thence S 00°01'49" W, along said westerly right of way line, a distance of 143.256 meters (470.00 feet); Thence S 05°40'50" E, along said westerly right of way line, a distance of 61.262 meters (200.99 feet); Thence S 00°01'49" W, along said westerly right of way line, a distance of 69.281 meters (227.30 feet) to the POINT OF BEGINNING. Said tract contains 4.76 hectares (11.75 acres), more or less. TEMPORARY EASEMENT A tract of land in the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6th P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at a point on the South line, 12.192 meters (40.00 feet) West of the Southeast Corner of said Quarter Section, said South line having an assumed bearing of N 89°57'27" W; thence N 00°01'49" E and parallel with the East line of said Quarter Section, a distance of 10.058 meters (33.00 feet) to a point on the existing Northerly Pacific Avenue right of way line; thence N 89°57'27" W, along said right of way line, a distance of 28.954 meters (94.99 feet); thence N 00°02'33" E, along said right of way line, a distance of 8.230 meters (27.00 feet); thence N 89'54'17" W, along said right of way line as described in Misc. Book: 16, Page 409 of the records of Saline County, Kansas, a distance of 98.876 meters (324.39 feet) to the POINT OF BEGINNING; Thence N 00°01'41" E, a distance of 2.908 meters (9.54 feet); Thence N 89°57'27" W, a distance of 149.999 meters (492.12 feet); Thence S 88°13'45" W, a distance of 85.043 meters (279.01 feet) to a point on said Northerly Pacific Avenue right of way line; Thence S 89'54'17" E, a distance of 235.000 meters (771.00 feet) along said right of way line to the POINT OF BEGINNING. Said tract contains 0.05 Hectares (0.13 acres), more or less. TEMPORARY EASEMENT A tract of land in the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6th P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at a point on the South line, 12.192 meters (40.00 feet) West of the Southeast Corner of said Quarter Section, said South line having an assumed bearing of N 89°57'27" W; thence N 00°01'49" E and parallel with the East line of said Quarter Section, a distance of 10.058 meters (33.00 feet) to a, point on the existing Northerly Pacific Avenue right of way line; thence N 89°57'2;7" W, along said right of way line, a distance of 28.954 meters (94.99 feet); thence N 00°02'33" E, along said right of way line, a distance of 8.230 meters (27.00 feet); thence N 89'54'17" W, along said right of way line as described in Misc. Book 16, Page 409 of the records of Saline County, Kansas, a distance of 98.876 meters (324.39 feet); thence N 00°01'41" E, a distance of 222.114 meters (728.72 feet) to the POINT OF BEGINNING; Thence N 00°01'41" E, a distance of 2.454 meters (8.05 fee.); Thence Southwesterly along a non -tangent curve to the left, said curve having a radius of 234.005 meters (767.73 feet), an arc length of 157.165 meters (515.63 feet) and a chord which bears S 64'41'13" W, a distance of 154.228 meters (506.00 feet); Thence Northeasterly along a non -tangent curve to the right, said curve having a radius of 247.105 meters (810.71 feet), an arc length of 155.7_59 meters (511.02 feet) and a chord which bears N 65°31'00" E, a distance of 153.193 meters (502.60 feet) to the POINT OF BEGINNING. Said tract contains 273.39 square meters (2942 square feet), more or less. TEMPORARY EASEMENT A tract of land in the West half of the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6`h P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at the Southeast corner of said West half of the Southeast Quarter; thence on an assumed bearing of N 00°06'54" E, a distance of 15.575 meters (51.10 feet) along the East line of said West half to a point on the existing northerly Pacific Avenue right of way line as described in Misc. Book 16, Page; 409 of the records of Saline County, Kansas; thence N 89'54'13" W along said. right of way line, a distance of 140.307 meters (460.32 feet); thence Northeasterly along a non -tangent curve to the left, said curve having a radius of 234.760 meters (770.21 feet), an are length of 78.099 meters (256.23 feet) and a chord which bears N 76°53'26" E, a distance of 77.739 meters (255.05 feet) to the POINT OF BEGINNING; Thence Northeasterly along a curve to the left, said curve having a radius of 234.760 meters (770.21 feet), an arc length of 42.257 meters (138.64 feet) and a chord which bears N 62°12' 12" E, a distance of 42.200 meters (138.45 feet); Thence S 62'12'13" W, a distance of 42.200 meters (138.45 feet) to the POINT OF BEGINNING. Said tract contains 26.75 square meters (288 square feet), more or less. Tract 16: FEE SIMPLE TITLE A tract of land in A -Plus Galvanizing Addition in the Southwest Quarter of Section 6, Township 14 South, Range 2 West of the 6`h P.M. in Salina, Saline County, Kansas, and described as follows: Beginning at the Southwest corner of said Addition, said point being the intersection of the existing Easterly Ohio Street right of way line and the existing Northerly Old Highway 40 right of way line; Thence Northerly along the West line of said Addition, on an assumed bearing of N 00°01'49" E, a distance of 294.694 meters (966.84 feet); Thence S 89'58'11" E, a distance of 18.288 meters (60.00 feet); Thence S 45°36'47" E, a distance of 29.964 meters (98.31 feet); Thence S 00°01'49" W, a distance of 19.812 meters (65.00 feet); Thence S 89°58'11 " E, a distance of 7.002 meters (22.97 feet); Thence Southeasterly along a curve to the right, said curve having a radius of 185.240 meters (607.74 feet), an arc length of 205.561 meters (674.41 feet), and a chord which bears S 58°10'45" E, a distance of 195.175 meters (640.34 feet); Thence Southeasterly along a curve to the left, said curve having a radius of 184.760 meters (606.17 feet), an arc length of 238.313 meters (781.87 feet), and a chord which bears S 63°20'25" E, a distance of 222.133 meters (728.78 feet) to a point on the South line of said Addition; Thence S 68°30'36" W along said South line, a distance of 1.36.286 meters (447.13 feet); Thence S 89°43'01" W along said South line, a distance of 21.358 meters (70.07 feet); Thence N 40'37'11" E, a distance of 18.829 meters (61.77 feet); Thence N 21°41'08" E, a distance of 23.928 meters (78.50 feet); Thence Northwesterly along a non -tangent curve to the right, said curve having a radius of 216.764 meters (711.17 feet), an arc length of 143.363 meters (470.35 feet), and a chord which bears N 45°20'09" W, a distance of 140.764 meters (461.82 feet); Thence Northwesterly along a curve to the left, said curve having a radius of 153.236 meters (502.74 feet), an arc length of 51.064 meters (167.53 feet), and a chord which bears N 35°56'07" W, a distance of 50.828 metiers (166.76 feet); Thence S 14°47'45" W, a distance of 183.485 meters (601.98 feet) to a point on the South line of said Addition; Thence S 89°43'01" W along said South line, a distance of 107.334 meters (352.15 feet) to the POINT OF BEGINNING. Said tract contains 4.53 hectares (11.21 acres), more or less. TEMPORARY EASEMENT A tract of land in A -Plus Galvanizing Addition in the Southwest Quarter of Section 6, Township 14 South, Range 2 West of the 6th P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at the Southwest corner of said Addition, said point being the intersection of the existing Easterly Ohio Street right of way line and the existing Northerly Old Highway 40 right of way line; Thence Easterly along the South line of said Addition on an assumed bearing of N 89°43'01" E, a distance of 107.334 meters (352.15 feet); Thence N 14°47'45" E, a distance of 180.670 meters (592.75 feet) to the Point of Beginning; Thence N 14°47'45" E, a distance of 2.815 meters (9.24 feet); Thence Southeasterly along a non -tangent curve to the right, said curve having a radius of 153.236 meters (502.74 feet), an arc length of 51.064 meters (167.53 feet), and a chord which bears S 35°56'07" E, a distance of 50.828 meters (166.76 feet); Thence Southeasterly along a curve to the left, said curve having a radius of 216.764 meters (711.17 feet), an arc length of 93.586 meters (307.04 feet), and a chord which bears S 38°45'26" E, a distance of 92.861 meters (304.66 feet); Thence N 51°05'05" W, a distance of 32.757 meters (107.47 feet); Thence Northwesterly along a non -tangent curve to the right, said curve having a radius of 219.202 meters (719.17 feet), an arc length of 61.759 meters (202.62 feet), and a chord which bears N 34°27'36" W, a distance of 61.555 meters (201.95 feet); Thence Northwesterly along a curve to the left, said curve having a radius of 150.798 meters (494.74 feet), an arc length of 48.856 meters (160.29 feet), and a chord which bears N 35'40'13" W, a distance of 48.643 meters (159.59 feet) to the POINT OF BEGINNING. Said tract contains 0.03 Hectares (0.07 acres), more or less. TEMPORARY EASEMENT A tract of land in A -Plus Galvanizing Addition in the Southwest Quarter of Section 6, Township 14 South, Range 2 West of the 6th P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at the Southwest corner of said Addition, said point being the intersection of the existing Easterly Ohio Street right of way line and the existing Northerly Old Highway 40 right of way line; Thence Northerly along the West line of said Addition, on an assumed bearing of N 00°01'49" E, a distance of 294.694 meters (966.84 feet) to the Point of Beginning; Thence S 89'58'11" E, a distance of 18.288 meters (60.00 feet); Thence N 14°48'51" W, a distance of 32.900 meters (107.94 feet) to a point on the South line of a tract described in Deed Book 387, Page 621 of the Records of Saline County, Kansas; Thence S 89°44'20" W along said South line, a distance of 9.859 meters (32.35 feet) to a point on the West line of said Addition; Thence S 00°01'49" W, along said West line, a distance of 31.752 meters (104.17 feet) to the POINT OF BEGINNING. Said tract contains 0.04 Hectares (0.11 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 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: September 20, 2004 Passed: September 27, 2004 Monte Shadwick, Mayor [SEAL] ATTEST: Penn�Da, puty Cit Jerk CERTIFICATE OF ENGINEER I, Bradley Johnson, P.E., City Engineer of the City of Salina, Kansas hereby certify that pursuant to Resolution No. 04-6116 adopted by the Board of Commissioners of Salina, Kansas, on September 13, 2004, I made a survey and description of the land necessary to be acquired by the City of Salina for the purpose of improving a portion of North Ohio Street between North Street and the Salina Flood Protection Levee System (aka North Ohio Overpass Project) and that the following tracts of land are necessary for said improvements. TRACT NOS. 11.12 & 13: RIGHT OF WAY A tract of land in the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6t' P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at a point on the South line, 12.192 meters (40.00 feet) West of the Southeast Corner of said Quarter Section, said South line having an assumed bearing of N 89°57'27" W; thence N 00°01'49" E and parallel with the East line of said Quarter Section, a distance of 10.058 meters (33.00 feet) to a point on the existing Northerly Pacific Avenue right of way line, said point being the POINT OF BEGINNING; Thence N 89°57'27" W, along said right of way line, a distance of 28.954 meters (94.99 feet); Thence N 00°02'33" E, along said right of way line, a distance of 8.230 meters (27.00 feet); Thence N 89°54' 17" W, along said right of way line as described in Misc. Book 16, Page 409 of the records of Saline County, Kansas, a distance of 98.876 meters (324.39 feet); Thence N 00°01'41" E, a distance of 224.568 meters (736.77 feet); Thence Southwesterly along a non -tangent curve to the left, said curve having a radius of 234.005 meters (767.73 feet), an arc length of 188.787 meters (619.38 feet), and a chord which bears S 60°48'56" W, a distance of 183.708 meters (602.72 feet); Thence S 37°15'59" W, a distance of 80.000 meters (262.47 feet); Thence Southerly along a curve to the right, said curve having a radius of 265.240 meters (870.21 feet), an arc length of 70.351 meters (230.81 feet) and chord which bears S 44°51'53" W, a distance of 70.145 meters (230.13 feet); Thence S 47°33'45" E, a distance of 31.439 meters (103.15 feet) to a point on said Northerly Pacific Avenue right of way line as described in said Misc. Book 16, Page 409; Thence N 89'54'17" W along said right of way line, a distance of 29.838 meters (97.89 feet) to a point on the West line of the East half of said Quarter Section; Thence S 00°06'54" W along said right of way line and said West line, a distance of 3.048 meters (10.00 feet); Thence N 89'54'13" W, along said right of way line, a distance of 140.307 meters (460.32 feet); Thence Northeasterly along a non -tangent curve to the left, said curve having a radius of 234.760 meters (770.21 feet), an arc length of 201.403 meters (660.77 feet), and a chord which bears N 61°50'37" E, a distance of 195.283 meters (640.69 feet); Thence N 3715'59" E, a distance of 80.000 meters (262.47 feet); Thence Northeasterly along a curve to the right, said curve having a radius of 265.240 meters (870.21 feet), an arc length of 244.260 meters (801.38 feet) and chord which bears N 63038'54" E, a distance of 235.720 meters (773.36 feet); Thence S 8958'11" E, a distance of 55.466 meters (181.97 feet); Thence N 00°01'49" E, a distance of 19.812 meters (65.00 feet); Thence N 45°40'26" E, a distance of 29.964 meters (98.31 feet); Thence S 89058'l 1" E, a distance of 18.288 meters (60.00 feet) to a point on the existing Westerly Ohio Street right of way line as described in Misc. Book 90, Page 46-47 of the Records of Saline County, Kansas, said right of way line being 18.288 meters (60.00 feet) West of and parallel with the East line of said Quarter Section; Thence S 00001'49" W, along said westerly right of way line, a distance of 24.559 meters (80.57 feet); Thence S 89057'27" E, along said westerly right of way line, a distance of 7.620 meters (25.00 feet); Thence S 00001'49" W, along said westerly right of way line, a distance of 9.144 meters (30.00 feet); Thence N 89°57'27" W, along said westerly right of way line, a distance of 7.620 meters (25.00 feet); Thence S 00°01'49" W, along said westerly right of way line, a distance of 143.256 meters (470.00 feet); Thence S 05040'50" E, along said westerly right of way line, a distance of 61.262 meters (200.99 feet); Thence S 00001'49" W, along said westerly right of way line, a distance of 69.281 meters (227.30 feet) to the POINT OF BEGINNING. Said tract contains 4.76 hectares (11.75 acres), more or less. TEMPORARY EASEMENT A tract of land in the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6'h P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at a point on the South line, 12.192 meters (40.00 feet) West of the Southeast Corner of said Quarter Section, said South line having an assumed bearing of N 89°57'27" W; thence N 00°01'49" E and parallel with the East line of said Quarter Section, a distance of 10.058 meters (33.00 feet) to a point on the existing Northerly Pacific Avenue right of way line; thence N 89°57'27" W, along said right of way line, a distance of 28.954 meters (94.99 feet); thence N 00°02'33" E, along said right of way line, a distance of 8.230 meters (27.00 feet); thence N 89'54'17" W, along said right of way line as described in Misc. Book 16, Page 409 of the records of Saline County, Kansas, a distance of 98.876 meters (324.39 feet) to the POINT OF BEGINNING; Thence N 00°01'41" E, a distance of 2.908 meters (9.54 feet); Thence N 89°57'27" W, a distance of 149.999 meters (492.12 feet); Thence S 88013'45" W, a distance of 85.043 meters (279.01 feet) to a point on said Northerly Pacific Avenue right of way line; Thence S 89054'17" E, a distance of 235.000 meters (771.00 feet) along said right of way line to the POINT OF BEGINNING. Said tract contains 0.05 hectares (0.13 acres), more or less. TEMPORARY EASEMENT A tract of land in the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6h P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at a point on the South line, 12.192 meters (40.00 feet) West of the Southeast Corner of said Quarter Section, said South line having an assumed bearing of N 89°57'27" W; thence N 00001'49" E and parallel with the East line of said Quarter Section, a distance of 10.058 meters (33.00 feet) to a point on the existing Northerly Pacific Avenue right of way line; thence N 89°57'27" W, along said right of way line, a distance of 28.954 meters (94.99 feet); thence N 00°02'33" E, along said right of way line, a distance of 8.230 meters (27.00 feet); thence N 89'54'17" W, along said right of way line as described in Misc. Book 16, Page 409 of the records of Saline County, Kansas, a distance of 98.876 meters (324.39 feet); thence N 00°01'41" E, a distance of 222.114 meters (728.72 feet) to the POINT OF BEGINNING; Thence N 00°01'41" E, a distance of 2.454 meters (8.05 feet); Thence Southwesterly along a non -tangent curve to the left, said curve having a radius of 234.005 meters (767.73 feet), an arc length of 157.165 meters (515.63 feet) and a chord which bears S 64°41' 13" W, a distance of 154.228 meters (506.00 feet); Thence Northeasterly along a non -tangent curve to the right, said curve having a radius of 247.105 meters (810.71 feet), an arc length of 155.759 meters (511.02 feet) and a chord which bears N 65°31'00" E, a distance of 153.193 meters (502.60 feet) to the POINT OF BEGINNING. Said tract contains 273.39 square meters (2942 square feet), more or less. TEMPORARY EASEMENT A tract of land in the West half of the Southeast Quarter of Section 1, Township 14 South, Range 3 West of the 6h P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at the Southeast comer of said West half of the Southeast Quarter; thence on an assumed bearing of N 00°06'54" E, a distance of 15.575 meters (51.10 feet) along the East line of said West half to a point on the existing northerly Pacific Avenue right of way line as described in Misc. Book 16, Page 409 of the records of Saline County, Kansas; thence N 89054'13" W along said right of way line, a distance of 140.307 meters (460.32 feet); thence Northeasterly along a non -tangent curve to the left, said curve having a radius of 234.760 meters (770.21 feet), an arc length of 78.099 meters (256.23 feet) and a chord which bears N 76053'26" E, a distance of 77.739 meters (255.05 feet) to the POINT OF BEGINNING; Thence Northeasterly along a curve to the left, said curve having a radius of 234.760 meters (770.21 feet), an arc length of 42.257 meters (138.64 feet) and a chord which bears N 62'12'12" E, a distance of 42.200 meters (138.45 feet); Thence S 62012'13" W, a distance of 42.200 meters (138.45 feet) to the POINT OF BEGINNING. Said tract contains 26.75 square meters (288 square feet), more or less. TRACT NO. 16: RIGHT OF WAY A tract of land in A -Plus Galvanizing Addition in the Southwest Quarter of Section 6, Township 14 South, Range 2 West of the 6t' P.M. in Salina, Saline County, Kansas, and described as follows: Beginning at the Southwest corner of said Addition, said point being the intersection of the existing Easterly Ohio Street right of way line and the existing Northerly Old Highway 40 right of way line; Thence Northerly along the West line of said Addition, on an assumed bearing of N 00°01'49" E, a distance of 294.694 meters (966.84 feet); Thence S 89'58'11" E, a distance of 18.288 meters (60.00 feet); Thence S 45°36'47" E, a distance of 29.964 meters (98.31 feet); Thence S 00°01'49" W, a distance of 19.812 meters (65.00 feet); Thence S 89°58'11 " E, a distance of 7.002 meters (22.97 feet); Thence Southeasterly along a curve to the right, said curve having a radius of 185.240 meters (607.74 feet), an arc length of 205.561 meters (674.41 feet), and a chord which bears S 58°10'45" E, a distance of 195.175 meters (640.34 feet); Thence Southeasterly along a curve to the left, said curve having a radius of 184.760 meters (606.17 feet), an arc length of 238.313 meters (781.87 feet), and a chord which bears S 63°20'25" E, a distance of 222.133 meters (728.78 feet) to a point on the South line of said Addition; Thence S 68°30'36" W along said South line, a distance of 136.286 meters (447.13 feet); Thence S 89°43'01" W along said South line, a distance of 21.358 meters (70.07 feet); Thence N 40'37'11" E, a distance of 18.829 meters (61.77 feet); Thence N 21°41'08" E, a distance of 23.928 meters (78.50 feet); Thence Northwesterly along a non -tangent curve to the right, said curve having a radius of 216.764 meters (711.17 feet), an arc length of 143.363 meters (470.35 feet), and a chord which bears N 45°20'09" W, a distance of 140.764 meters (461.82 feet); Thence Northwesterly along a curve to the left, said curve having a radius of 153.236 meters (502.74 feet), an arc length of 51.064 meters (167.53 feet), and a chord which bears N 35°56'07" W, a distance of 50.828 meters (166.76 feet); Thence S 14°47'45" W, a distance of 183.485 meters (601.98 feet) to a point on the South line of said Addition; Thence S 89°43'01" W along said South line, a distance of 107.334 meters (352.15 feet) to the POINT OF BEGINNING. Said tract contains 4.53 hectares (11.21 acres), more or less. TEMPORARY EASEMENT A tract of land in A -Plus Galvanizing Addition in the Southwest Quarter of Section 6, Township 14 South, Range 2 West of the 6`h P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at the Southwest corner of said Addition, said point being the intersection of the existing Easterly Ohio Street right of way line and the existing Northerly Old Highway 40 right of way line; Thence Easterly along the South line of said Addition on an assumed bearing of N 89°43'01" E, a distance of 107.334 meters (352.15 feet); Thence N 14°47'45" E, a distance of 180.670 meters (592.75 feet) to the Point of Beginning; Thence N 14°47'45" E, a distance of 2.815 meters (9.24 feet); Thence Southeasterly along a non -tangent curve to the right, said curve having a radius of 153.236 meters (502.74 feet), an arc length of 51.064 meters (167.53 feet), and a chord which bears S 35°56'07" E, a distance of 50.828 meters (166.76 feet); Thence Southeasterly along a curve to the left, said curve having a radius of 216.764 meters (711.17 feet), an arc length of 93.586 meters (307.04 feet), and a chord which bears S 38°45'26" E, a distance of 92.861 meters (304.66 feet); Thence N 51°05'05" W, a distance of 32.757 meters (107.47 feet); Thence Northwesterly along a non -tangent curve to the right, said curve having a radius of 219.202 meters (719.17 feet), an arc length of 61.759 meters (202.62 feet), and a chord which bears N 34°27'36" W, a distance of 61.555 meters (201.95 feet); Thence Northwesterly along a curve to the left, said curve having a radius of 150.798 meters (494.74 feet), an arc length of 48.856 meters (160.29 feet), and a chord which bears N 35°40' 13" W, a distance of 48.643 meters (159.59 feet) to the POINT OF BEGINNING. Said tract contains 0.03 hectares (0.07 acres), more or less. TEMPORARY EASEMENT A tract of land in A -Plus Galvanizing Addition in the Southwest Quarter of Section 6, Township 14 South, Range 2 West of the 6t` P.M. in Salina, Saline County, Kansas, and described as follows: Commencing at the Southwest corner of said Addition, said point being the intersection of the existing Easterly Ohio Street right of way line and the existing Northerly Old Highway 40 right of way line; Thence Northerly along the West line of said Addition, on an assumed bearing of N 00°01'49" E, a distance of 294.694 meters (966.84 feet) to the Point of Beginning; Thence S 89°58'11" E, a distance of 18.288 meters (60.00 feet); Thence N 14°48'51" W, a distance of 32.900 meters (107.94 feet) to a point on the South line of a tract described in Deed Book 387, Page 621 of the Records of Saline County, Kansas; 4 Thence S 89°44'20" W along said South line, a distance of 9.859 meters (32.35 feet) to a point on the West line of said Addition; Thence S 00°01'49" W, along said West line, a distance of 31.752 meters (104.17 feet) to the POINT OF BEGINNING. Said tract contains 0.04 hectares (0.11 acres), more or less. Dated at Salina, Kansas, this 20th day of September, 2004. e otGENS -o$ E Bradley Johnso , P. E., City Engineer ,4gry��G���� Department of Public Works 4i..� 0NA.L ....o�°�