98-9896 Eminent Domainin
ORDINANCE NUMBER 98-9896
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 98-5339 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. This ordinance shall be in full force and effect from and after its adoption
and publication as provided by law.
Introduced: October 19, 1998
Passed: October 26, 1998
{SEAL}
ATTEST: P er F. B dt, Mayor
Jud jLg' CMC,City erk
Exhibit "A" to Ordinance Number 98-9896
I, Shawn R. O'Leary, P.E., City Engineer of the City of Salina, Kansas hereby certify that pursuant to
Resolution No. 98-5339 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:
A tract of land in the Southeast Quarter (SE 1/4 )of the Northwest Quarter (NW 1/4) of Section Thirty
(30), 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 30;
Thence N89°33'16" E along the South line of said NW 1/4 a distance of 1192.8 feet to the Southwest
corner of the SE 1/4 of the NW 1/4 of said Section 30 and the Point of Beginning:
Thence N00°06'03" E along the west line of said SE 1/4, NW 1/4, a distance of 769.21 feet to the center
of the Old Smoky Hill River Channel:
Thence following the center of said channel, S68°46'39" E a distance of 121.48 feet;
Thence S89°53'57" E a distance of 155.35 feet;
Thence N81 °43'06" E a distance of 131.70 feet;
Thence N86 ° 12'09" E a distance of 147.34 feet;
Thence S74°29'09" E a distance of 269.85 feet;
Thence N89°39'46" E a distance of 50.09 feet;
Thence S00°06'03" W parallel with the west line of the SE 1/4, NW 1/4 of said Section 30, a distance
of 675.15 feet to a point on the south line of said SE 1/4, NW 1/4 and 466.46 feet west of the southeast
comer thereof;
Thence S89°33'16" W along the south line of the SE 1/4, NW 1/4 of said Section 30, a distance of 856.24
feet back to the Point of Beginning.
The above described tract of land contains 14.26 acres, more or less, and is subject to an existing
Easement for Facilities for use by Kansas Power and Light Company in the construction and maintenance
of its communication and electrical facilities, legally described as follows:
Beginning at the Southwest comer of the SE 1/4 of the NW 1/4 of said Section 30, thence N00°06'03"
E a distance of 45 feet, thence N89°33'16" E a distance of 856.24 feet, thence S00°06'03" W a distance
of 45 feet, thence S89°33'16" W a distance of 856.24 feet to the Point of Beginning
Dated at Salina, Kansas, this 16' day of October, 1998.
st,,-,e DN
Shawn R. O'Leary, P. E., Director
Department of Engineering and Gene Services
LEGAL DESCRIPTIO
OWER.•
Golden Eagle Estates, Inc.
1408 £. Wayne Ave.
Salina, Kansas 67401
41 L2 0 L4 LS L6
N ? O
O uj CO
P. 0. B.o `Q o SE Cor,
SE 1/4,
1192.80' 856.24' 466.46' NW 1/4,
S 89'33'16" W�77
30-14-2
SW Cor, SW Cor, Existing 45' Easement
NW 1/4, SE 1/4, for Kansas Power &
30-14-2 NW 114, Light
30-14-2
LAU I AMW ARTA
Line
Length
Dearing
L1
121.48
S68'46'39'E
L2
155.35
S89'53'571E
L3
131.70
N81'43'06'E
L4
147.34
N86'12'09'E
L5
269.85
S74.29'09'E
L6
50.09
N89°39'46'E
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