00-9974 Eminent Domain CorridorC.w.
(Published in The Salina Journal April % , 2000)
ORDINANCE NUMBER 00-9974
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
OF INTERESTS IN REAL ESTATE FOR THE USE OF THE CITY OF SALINA, KANSAS,
FOR THE PURPOSE OF CONSTRUCTION OF THE SOUTH OHIO STREET CORRIDOR
IMPROVEMENT PROJECT NUMBER 98-1138, PURSUANT TO K.S.A. CHAPTER 26, AND
AMENDMENTS THERETO, AS IT RELATES TO CONDEMNATION BY CITIES, AND
FURTHER PURSUANT TO RESOLUTION NO. 00-5569 OF THE CITY OF SALINA,
KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. The Board of Commissioners hereby reaffirms the prior orders and
declarations of the necessity for acquisition of interests in certain real estate for use by the City for the
purpose of construction of the South Ohio Street Corridor Improvement Project No. 98- 1138.
Section 2. The interests in real estate 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
Office of the City Clerk pursuant to K.S.A. 26-201. A copy of the Certificate of Engineer is attached
and incorporated as Exhibit A.
Section 3. The interests in real estate described in attached Exhibit A are hereby ordered
condemned for the purposes set forth in Section 1 above.
Section 4. The City Attorney is hereby directed to file a verified petition in the District
Court of Saline County, Kansas, for the condemnation and acquisition of interests in real estate for the
use by the City in constructing the South Ohio Street Corridor Improvement Project described in
Exhibit A, pursuant to Chapter 26 of the Kansas Statutes Annotated, and amendments thereto, as it
relates to condemnation by cities, and to do all that is necessary for the condemnation and acquisition
of the interests in real estate for the stated public purposes.
Section 5. This ordinance shall constitute the final order setting forth the condemnation
of the interests in real estate described herein and for the purposes for which they are to be used.
Section 6. This Ordinance shall be in full force and effect from and after its adoption
and publication as provided by law.
[SEAL]
Introduced: March 27, 2000
Pa0ed: April 3, 2000
Shadwick, Mayor
ATTEST: '
R. Weber, Acting City Clerk
EXHIBIT "A" to ORDINANCE NUMBER 00-9974
CERTIFICATE OF ENGINEER
I, Shawn R. O'Leary, P.E., City Engineer of the City of Salina, Kansas hereby certify that
pursuant to Resolution No. 00-5569 adopted by the Board of Commissioners of Salina,
Kansas, on March 6, 2000, 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 South Ohio Street
between Belmont Boulevard and Magnolia Road and that the following tracts of land are
necessary for said improvements.
TRACT NO. 36:
Temporary construction easement to a tract of land in Lot 16, Block 6, Mayfair Addition
to the City of Salina, Saline County, Kansas described as follows:
Beginning at the Southwest corner of said Lot 16; thence Easterly along the South line of
said Lot 16 on an assumed bearing of N 90°00'00" E a distance of 6.00 feet; thence N
00°00'00"E a distance of 42.90 feet; thence N 90°00'00"E a distance of 14.00 feet;
thence N 00°00'00" E a distance of 27.10 feet to a point on the North line of said Lot 16;
thence N 90°00'00"W along said North line a distance of 20.00 feet to the Northwest
comer of said Lot 16; thence S 00100'00"E along the West line of said Lot 16 a distance
of 70.00 feet to the point of beginning, containing 799 square feet, more or less.
TRACT NO. 44:
Permanent easement and temporary construction easement to a tract of land in Lot 1,
Block 1, Mayflower Addition to the City of Salina, Saline County, Kansas descnbed as
follows: h 1,a
IN
Permanent Easement
Beginning at the Northwest corner of said Lot 1; thence easterly along the North line of
said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 50.00 feet; thence S
74°54'54"W a distance of 36.23 feet; thence S 71°55'47"W a distance of 15.78 feet to a
point on the West line of said Lot 1; thence N 00°00'00"E a distance of 13.00 feet to the
point of beginning, containing, 310 square feet, more or less.
Construction Easement
A tract of land in Lot 1, Block 1, Mayflower Addition to the City of Salina, Saline
County, Kansas described as follows:
C.Wsw.
Commencing at the Northwest comer of said Lot 1; thence Easterly along the North line
of said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 50.00 feet to the point
of beginning; thence S 74°54'54"W a distance of 36.23 feet; thence S 71°55'47"W a
distance of 15.78 feet to a point on the West line of said Lot 1; thence N 74°00'34"E a
distance of 51.99 feet to the point of beginning, containing 15 square feet, more or less.
TRACT NO. 45:
Right-of-way, permanent easement and temporary construction easement to a tract of land
in Lot 1, Block 1, Mayfair Addition to the City of Salina, Saline County, Kansas described
as follows:
Right-of-way
Beginning at the Southwest comer of said Lot 1; thence Easterly along the South line of
said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 17.00 feet; thence N
29135'45"W a distance of 28.34 feet; thence N 00°00'00" E a distance of 104.99 feet to a
point on the North line of said Lot 1; thence S 88°29'00"W along said North line a
distance of 3.00 feet to the Northwest corner of said Lot 1; thence S 00°00'00"E along
the West line of said Lot 1 a distance of 130.00 feet to the point of beginning, containing,
565 square feet, more or less.
Permanent Easement
Commencing at the Southwest comer of said Lot 1; thence Easterly along the South line
of said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 17.00 feet to the point
of beginning; thence N 29°35'45"W a distance of 28.34 feet; thence N 00°00'00"E a
distance of 104.99 feet to a point on the North line of said Lot 1; thence N 88°29'00"E
along said North line a distance of 4.50 feet; thence S 00°00'00"E a distance of 97.99
feet; thence S 40° 13'52"E a distance of 41.01 feet to a point on the South line of said Lot
1; thence S 88°29'00" W along said South line a distance of 17.00 feet to the point of
beginning, containing, 834 square feet, more or less.
Construction Easement
Commencing at the Northwest corner of said Lot 1; thence Easterly along the North line
of said Lot 1 on an assumed bearing of N 88°29'00"E a distance of 7.50 feet to the point
of beginning; thence continuing N 88°29'00"E along said North line a distance of 14.51
feet; thence S 00°00'00"E a distance of 25.30 feet; thence N 90°00'00"W a distance of
10.00 feet; thence S 00°00'00"E a distance of 78.39 feet; thence N 40°13'52"W a
distance of 6.97 feet; thence N 00100'00"E a distance of 97.99 feet to the point of
beginning, containing 705 square feet, more or less.
Construction Easement
Beginning at the Southeast corner of said Lot 1; thence Northerly along the East line of
said Lot 1 on an assumed bearing of N 00°00'00"E a distance of 12.00 feet; thence S
88°29'00"W a distance of 30.00 feet; thence S 00°00'00"E a distance of 6.00 feet; thence
S 88°29'00"W a distance of 20.97 feet; thence S 40°13'52"E a distance of 7.69 feet to a
point on the South line of said Lot 1; thence N 88°29'00"E along said South line a
distance of 46.00 feet to the point of beginning, containing, 471 square feet, more or less.
Dated at Salina, Kansas, this 27th day of March, 2000.
Shawn R. O'Leary, P. E., Director
Department of Engineering and General Services
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EASEMENT ACQUISITION
OWNER. Marguerite McKenna
SALINA. KS 6740/
LEGAL DESCRIPTION: 'This does not constitute o
SEE PAGE 2 OF 2 legal survey; drawing is for
informational purposes only.'
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EASEMENT ACQUISITION
OWNER. Marguerite McKenna
SALINA. KS 6740/
LEGAL DESCRIPTION: 'This does not constitute o
SEE PAGE 2 OF 2 legal survey; drawing is for
informational purposes only.'
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EGAL DESCRIPTION:
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EASEMENT ACQUISITION
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OWNER. Ello Moe Ritter
SAUNA, KS 67401
'This does not constitute o
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motion/ purpoSes on/y, •
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EASEMENT ACQUISITION
OWNER: Ella Mae Ritter
SALINA, KS 67401
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=GAL DESCRIPTION:
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"This does not constitute a
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