98-9895 Eminent Domainin
ORDINANCE NUMBER 98-9895
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
OF FEE SIMPLE TITLE TO CERTAIN REAL ESTATE FOR THE USE OF THE CITY OF
SALINA, KANSAS, FOR THE PURPOSE OF STORM DRAINAGE DETENTION OR
STORAGE, PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS IT
RELATES TO CONDEMNATION BY CITIES, AND FURTHER PURSUANT TO
RESOLUTION NUMBER 98-5338 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 real estate to be acquired by the City for the purpose of storm
drainage detention or 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 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 storm drainage detention or storage.
Section 2. 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. A copy of the Certificate of Engineer is attached and
incorporated as Exhibit A.
Section 3. The real estate 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 fee simple title to the real estate described in Exhibit A, and to do all that is necessary
for the condemnation and acquisition of the real estate for the stated public purposes.
Section 5. This ordinance shall constitute the final order setting forth the condemnation
of the real estate described herein and for the purposes for which it is to be used.
Section 6. The Board of Commissioners hereby finds that the Eastview Estates
Addition is specially benefitted by the acquisition of and improvements to be made to the real estate
described in Exhibit A, and that Eastview Estates Addition is therefore designated as a benefit district
in accordance with K.S.A. 26-201.
Section 7. This ordinance shall be in full force and effect from and after its adoption
and publication as provided by law.
{SEAL}
ATTEST:
aaC
�d"Lo, CMC, City lerk
Introduced: October 19, 1998
Passed: October 26, 1998
A——U � 2 Peter . rungardt, Mayor
Exhibit "A" to Ordinance Number 98-9895
[OWN -11 _ 0-14F411-1 • RI
I, Shawn R. O'Leary, P.E., City Engineer of the City of Salina, Kansas hereby certify that pursuant to
Resolution No. 98-5338 adopted by the.Board of Commissioners of Salina, Kansas, on September 28, 1998,
I made a survey and description of the land necessary to be acquired by the City of Salina for the purpose of
improving the flood control system in southeast Salina and that the following tract of land is necessary for said
improvements.
Fee simple title to the following tract:
The Southeast Quarter (SE 1/4 )of the Northwest Quarter (NW 1/4), the Southwest Quarter (SW 1/4) of the
Northeast Quarter (NE 1/4), and the West Two hundred fifty feet of the Southeast Quarter (SE 1/4) of the
Northeast Quarter (NE 1/4) all in Section Thirty-one (31), Township Fourteen (14) South, Range Two (2)
West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows:
Commencing at the Southwest Corner of the Northwest Quarter (NW 1/4) of said Section Thirty-one;
Thence S89°52'34" E along the South line of said NW 1/4 a distance of 1228.55 feet to the Southwest corner
of the SE 1/4 of the NW 1/4 of said Section 31 and the Point of Beginning:
Thence N00020'58" E a distance of 1329.53 feet to the Northwest comer of said SE 1/4, NW 1/4;
Thence N89044'34" E a distance of 1316.09 feet to the Northeast corner of said SE 1/4, NW 1/4;
Thence N89 °44'38" E a distance of 1569.64 feet to a point on the north line of the SE 1/4, NE 1/4 of said
Section 31 and 250 feet east of the Northwest corner thereof;
Thence S00006'55" E a distance of 1348.70 feet to a point on the south line of said SE 1/4, NE 1/4 and 250
feet east of the Southwest comer thereof,
Thence N89°52'34" W along the South line of the NE 1/4 and NW 1/4 of said Section 31 a distance of
2896.53' back to the Point of Beginning.
The above described tract of land contains 88.88 acres, more or less, and is depicted and described on the
attached Exhibit A.
The above described tract of land includes 6.38 acres, more or less, which is subject to City of Salina flood
control right-of-way as depicted and described on the attached Exhibit B.
The City's acquisition of the above described tract of land shall be subject to the reservation of an access
easement as depicted and described on the attached Exhibit C, which access easement shall be reserved for
the benefit of the current owners and their successors and assigns, exclusively for the following purposes:
1. Continued use and maintenance of an existing private natural gas line.
2. Access by owners and their tenants to the remainder of the SE 1/4 of NE 1/4 Section 31-14-2
lying east of the above described tract.
3. Access, with the owners' express consent, for vehicles actively engaged in the hauling of sand
or dirt to or from the sandpit operation located in the SE 1/4 of Section 31-14-2 and commonly
referred to as the Johnson sandpit.
Dated at Salina, Kansas, this 10h day of Oqtpber, 1998.
OL
Shawn R. O'Leary, P. E., Dire
Department of Engineering anGeneral Services
.:A
LEGAL DESCRIPTION
Owe?.
Mildred 1. Miller & Trust
2645 5: Ohio
Soling, Kansas 67401
NW Cor, Sw 114,
NW 114, 31-14-2 Existing 150' flood Control Right—of—Way,
See Exhibit "B"
1227.09' N89'44'34'E 1316.09' N8944'38"E 1569.64'
1316.09'. 1319.64' 250'
DESCRIPON.• The Southeast Quarter (SE 114) of the Northwest Quarter (NW 114), the
Southwest Quarter (SW 114) of the Northeast Quarter (NE 114), and the West Two
hundred and fifty feet of the Southeast Quarter (SE 114) of the Northeast Quarter
(NE 114) all in Section Thirty—one (31), Township Fourteen (14) South, Range Two (2)
-West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described
rs follows:
'ommencing at the Southwest corner of the Northwest Quarter (NW 114) of said Section
•Thirty—one;
Thence S895234"E along the south line of said NW 114, a distance of 1228.55 feet
to the southwest corner of the SE 114 of the NW 114 of said Section 31 and the point
of beginning;
Thence A10020'58"E a distance of 1329.53 feet to the northwest corner of said
SE 114, NW 114;
Thence N89'4434"E a distance of 1316.09 feet to the northeast comer of said SE 114,
NW 114;
Thence N89'4438"E a distance of 1569.64 feet to a point on the north line of the
SE 114, NE 114 of said Sec. 31 and 250 feet east of the northwest corner thereof,•
Thence S00*06'55E a distance of 1348.70 feet to a point on the south line of said
SE 114, NE 114 and 250 feet east of the southwest corner thereof,•
Thence N89 52'34"W along the south line of the NE 114 and NW 114 of said Sec 31
a distance of 2896.53' back to the Point of Beginning.
The above described tract of land contains 88.88 acres, more or less
Exhibit "A"
NW Cor, Sw 1/4,
NW 1/4, 31-14-2
1227.09'
LEGAL DESCRIPTION
RIGHT -OF-WAY
NW Cor, SE 1/4,
NW 1/4,31-14-2
Not to Scale
141
NBp 4��y,
A tract of land located in the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) and the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section Thirty-one (31), Township Fourteen (14) South, Ran a Two 2
West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: g ( )
Beginning at the northwest corner of said SE 1/4, NW 1/4;
Thence N 89°44'34" E along the north line of the SE 1/4., NE 1/4 and the SW 1/4, NE 1/4 of said Section 31, a distance of
said Section 31, a distance of 1755.76 feet;
Thence S 00°15'26" E a distance of 220.00 feet;
Thence N 80029'41" W a distance of 412.82 feet;
Thence S 89°44'34" W parallel with said north line, a distance of 1350.51 feet to a point on the west line of the
SE 1/4, NW 1/4 of said Section 31;
Thence N 00°20'58" E a distance of 150.00 feet back to the Point of Beginning.
The above described tract of land contains 6.38 acres, more or less.
Firhihit "R"
SW Cor, NW 1/4,
NW 1/4, .31-14—?
1228.55'
ACCESS EASEMENT.
Not to Sco%
The South Seventy-five (75) feet of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), and the west Two hundred fifty (250) feet of the Southeast Quarter
(SE 1/4) of the Northeast Quarter (NE 1/4) all in Section Thirty-one (31), Township Fourteen (14) South, Ran a TTwo
of the Sixth Principal Meridian. in Saline County, Kansas, more particularly described..as follows: g (2) West
Beginning at the southwest corner of said SE 1/4, NW 1/4;
Thence N 00°20'58" E along the west line of said SE 1/4, NW 1/4 a distance of 75.00 feet;
Thence S 89°52'34" E a distance of 2895.93 feet;
Thence S 00°06'55" E a distance of 75.00 feet to a point on the south line of the SE 1/4, NE 1/4 of said Section 31
250 feet east of the southeast corner thereof; and
Thence N 89°52'34" W along the south line of the NE 1/4 and NW 1/4 of said Section
to the Point of Beginning. 31, a distance of 2896.53 feet back
The above described easement contains 4.99 acres, more or less.
or.v A 4.4 "'0",