99-9918 Eminent Domain(Published in The Salina Journal March 11, 1999)
ORDINANCE NUMBER 99-9918
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
OF A PERMANENT EASEMENT FOR THE USE OF THE CITY OF SALINA, KANSAS,
FOR THE PURPOSE OF STORM DRAINAGE DETENTION AND TEMPORARY
STORAGE, PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS IT
RELATES TO CONDEMNATION BY CITIES, AND FURTHER PURSUANT TO
RESOLUTION NUMBER 99-5419 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas, directed a
survey and description to be made of a permanent easement to be acquired by the City for the purpose
of storm drainage detention and temporary storage; which survey and description 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, that:
Section 1. The Board of Commissioners hereby makes the following findings and
declarations of the necessity for acquisition of a permanent easement for use by the City for the
purpose of storm drainage detention and temporary storage:
A. The Southeast Salina Drainage Study (prepared by Wilson &
Company in 1997), the Engineering Report for Selected
Drainage Improvements in South Salina (prepared by Bucher,
Willis & Ratliff in 1986), and the South Salina Drainage Study
(prepared by Wilson & Company in 1978) identified the need
for storm drainage detention and temporary storage inside the
City's flood control levee system.
B. Those studies identified large-scale detention ponds (compared
to smaller, intermittent detention ponds) as the preferred
solution, particularly near the southeast corner of Ohio Street
and Magnolia Road.
C. The body of water commonly known as the "Knox Sand Pit" is
located near the southeast corner of the intersection of Ohio
Street and Magnolia Road and has grown in surface area from
Eight (8) to Fifty-one (51) acres since 1978, thus providing
significant storm drainage detention and temporary storage
capacity without adversely impacting the sand pit or
surrounding property.
D. Since 1982, when the necessary easement rights were
purchased, the City has directed storm drainage from Eighty
(80) acres of residential development into the Knox Sand Pit.
E. In order to address a crucial public safety concern, the City
desires to provide a means for the detention and temporary
storage of storm drainage from an additional One Hundred
Seventy-five (175) acres of residential development.
F. Acquiring the rights to detain and temporarily store in the Knox
Sand Pit the storm drainage from that One Hundred Seventy-
five (175) acres of residential development addresses the crucial
public safety concern in the most fiscally responsible manner
available to the City.
Section 2. The permanent easement 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. A copy of the Certificate of Engineer is attached
and incorporated as Exhibit A.
Section 3. The permanent easement described in attached Exhibit A is hereby ordered
condemned for the purpose set forth in Section 1 above.
Section 4. The City Manager is authorized to sign and the City Attorney is directed to
file a verified petition in the District Court of Saline County, Kansas, for the condemnation and
acquisition of the permanent easement described in Exhibit A, and to do all that is necessary for the
condemnation and acquisition of the permanent easement for the stated public purposes.
Section 5. The verified petition shall include a provision that the City shall indemnify
and hold the owners and their assigns harmless from any future liability for claims arising from or
federal/state orders relating to environmental impacts of the storm drainage detention or temporary
storage allowed under the permanent easement to be acquired.
Section 6. This ordinance shall constitute the final order setting forth the condemnation
of the permanent easement described in Exhibit A and for the purposes for which it is to be used.
estate:
Section 7. The Board of Commissioners hereby finds that the following described real
Eastview Estates Addition to the City of Salina, Kansas
and
A tract of land located in the North Half (N%i) of the Northwest Quarter (NW'/4)
of Section Thirty-one, Township Fourteen South, Range Two West (31-T14S-
R2W) of the Sixth Principal Meridian (61 P.M.), Saline County, Kansas,
described as follows:
Commencing at the Northwest corner of said Northwest Quarter (NW'/4),
thence on an assumed bearing of South One degree, Three minutes and Five
seconds West (S.01 °03'05"W.), along the West line of said Northwest Quarter
(NW'/4), a distance of Six Hundred Forty-seven and Seventy-three Hundredths
(647.73) feet, to the Southwest corner of a tract of land as surveyed described in
Saline County Register of Deeds Office, Deed Book 373, Page Number 379;
- thence South Eighty-nine degrees, Forty-seven minutes and Thirty-five
seconds East (S.89°47'35"E.), along the South line of said tract as surveyed
described in Saline County Register of Deeds Office, a distance of Five
Hundred Fifty-one and Sixty-five Hundredths (551.65) feet, to the Southwest
corner of said tract described in the Saline County Register of Deeds Office,
said point being on the West line of Eastview Estates Addition to the City of
Salina, Saline County, Kansas;
- thence South One degree, Zero minutes and Nineteen seconds West
(5.01 °00'19"W.), along the West line of said Eastview Estates Addition a
distance of Six Hundred Seventy-five and Twenty-seven Hundredths (675.27)
feet to the Southwest corner of said Eastview Estates Addition, said point being
on the South line of said North Half (N%2);
- thence North Eighty-nine degrees Thirty-six minutes and Fifty-three seconds
West (N.89°36'53"W.), along said South line of said North Half (N'/2) a
distance of Five Hundred Fifty-two and Seventeen Hundredths (552.17) feet, to
the Southwest corner of said North Half (N%2);
- thence North One degree, Three minutes and Five seconds East
(N.01 °03'05"E.), along the West line of said Northwest Quarter (NW'/4), a
distance of Six Hundred Seventy-three and Fifty-six Hundredths (673.56) feet,
to the Point of Beginning.
Said tract of land contains Three Hundred Seventy-two Thousand One Hundred
Eighty-six (372,186) square feet or Eight and Fifty-four Hundredths (8.54)
acres, more or less.
is specially benefitted by the acquisition of the permanent easement described in Exhibit A, and that
the real estate described above is therefore designated as a benefit district in accordance with K.S.A.
26-201.
Section 9. This ordinance shall be in full force and effect from and after its adoption
and publication as provided by law.
{SEAL}
ATTEST:
y D. ng, CMC, City Clerk
Introduced: March 1, 1999
Passed: March 15, 1999
Peter F. Brungardt, Mayor