97-9792 Eminent Domain(Published in The Salina Journal March j , 1997)
ORDINANCE NUMBER 97-9792
AN ORDINANCE ORDERING THE CONDEMNATION AN]
ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL ESTATE FOR TH:
USE OF THE CITY OF SALINA, KANSAS, FOR THE PURPOSE O:
CONSTRUCTING IMPROVEMENTS TO THE INTERSECTION OF SOUTH OHI4
STREET AND BELMONT BOULEVARD, PURSUANT TO K.S.A. CHAPTER 26
AND AMENDMENTS THERETO, AS IT RELATES TO CONDEMNATION B7
CITIES, AND FURTHER PURSUANT TO RESOLUTION NUMBER 97-5116 O:
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 b,
acquired by the City for the purpose of constructing improvements to th
intersection of South Ohio Street and Belmont Boulevard; which survey ani
description have been filed with the Office of the City Clerk, SO NOW
THEREFORE
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina
Section 1. That 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
constructing improvements to the intersection of South Ohio Street and Belmont
Boulevard.
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. A copy of the Certificate of Engineer is attached and incorporated as
Exhibit A.
Section 3. That the real estate described in attached Exhibit A is
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 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
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 real estate for the
stated public purpose.
Section 5. That this ordinance shall constitute the final order l
setting forth the condemnation of the real estate described in Exhibit A and l
for the purpose for which it is to be used.
Section 6. That this ordinance shall be in full force and effect l
from and after its adoption and publication as provided by law.
(SEAL)
ATTEST:
.&�IZ
-
CMC, it Clerk
Introduced: February 24, 1997
Passed: March 3, 1997
:et�nMaxwell, Mayor
Ordinance Number 97-9792
Exhibit A
Certificate of Enstineer
I, Donald E. Hoff, P.E., City Engineer of the City of Salina., Kansas, hereby certify that pursuant to
Resolution No. 97-5116 adopted by the Board of Commissioners of Salina, Kansas, on February 10,
1997, I made a survey and description of the land necessary to be acquired (Fee Simple Title) by the
City of Salina for the construction of street/drainage improvements to the intersection of South Ohio
Street and Belmont Boulevard on what is now privately owned property located on the southwest
corner of that intersection and that the following tract of land is necessary for said improvements:
Legal Description
A tract of land being part of Lots One (1), Three (3) and Seven (7) and all of Lots Two (2)
and Six (6), in Block Eight (8) of Belmont Addition to the City of Salina, Saline County, Kansas,
more particularly described as follows:
Beginning at the northwest corner of said Lot 6;
Thence northeasterly along the northerly line of Lot 6 and Lot 1, on an assumed bearing of
N 53° 20' 00" E, a distance of 304.17 feet to a point which is 83.73 feet southwesterly from the
northeast comer of said Lot 1;
Thence N 90° 00' 00" E, a distance of 67.16 feet to a point on the east line of Lot 1 and 50
feet south of the northeast corner thereof,
Thence S 00'00'00" E along the east line of Lots 1, 2 and 3, a distance of 172.80 feet to a
point 42.2 feet north of the southeast corner of Lot 3;
Thence N 87° 30'48" W a distance of 46.84 feet;
Thence S 63 °07' 49" W a distance of 83.26 feet to the southwest corner of said Lot 3;
Thence N 35° 33'22" W a distance of 10.00 feet;
Thence S 53° 20' 00" W parallel with the southerly line of Lot 7, a distance of 139.26 feet to
a point on the westerly line of Lot 7 and 10 feet northwesterly of the southwest corner thereof,
Thence N 35° 29'00" W along the westerly line of Lots 7 and 6, a distance of 125.00 feet
back to the Point of Beginning.
The above described tract of land contains 1.03 acres, more or less.
Dated at Salina, Kansas, this 20th day of February, 1997.
Donald E. Hoff, P
City Engineer
CongiOglMSeYne � '.
— — — — — — Plotted Lot Line
i
Proposed Boundary Line
Street R/W
N OroO'00
67.16'
i
at
Point of Beginning
M
OX 4.4a�. $� ,�✓�,0 N8730'48W
\$p 5 Na * J'22"W 46.84
�
LEGAL OESCR/P710N.
A Troct of land being part of Lots One (1), Three (3), and Seven (7) and all of Lots Two (2)
and Six (6), in Block Eight (8) of Belmont Addition to the City of Salina, Saline County,
Kansas, more particularly described as follows.
Beginning at the Northwest corner of said Lot 6,
Thence Northeasterly along the Northerly line of Lot 6 and Lot 1, on an assumed bearing of
N5320'00"E, o distance of 304.17 feet to a point which is 83.73 feet Southwesterly
from the Northeast corner of said Lot 1;
Thence N90*00'00"E a distance of 67.16 feet to a point on the East line of Lot 1 and 50
feet south of the Northeast corner thereof;
Thence SOOVO'00'E along the East line of Lots 1, 2, and 3, a distance of 172.80 feet to
o point 42.2 feet North of the Southeast corner of Lot J.
Thence N87'30'48"W a distance of 46.84 feet;
Thence S63V7'49"W o distance of 83.26 feet to the Southwest corner of said Lot 3;
Thence N353322"W a distance of 10.00 feet,
Thence S5370'00"W parallel with the Southerly line of Lot 7 a distance of 139.26 feet to a
point on the Westerly line of Lot 7 and 10 feet Northwesterly of the Southwest corner
thereof,•
Thence N3579'00"W along the westerly line of Lots 7 and 6, a distance of 125.00 feet
bock to the Point of Beginning.
The above described tract of land contains 45,036 square feet of 1.03 acres, more or less.
BIOCEighlLot 2
%
6 i `
Vo
— —
Lot 3 •\4 r
� A
OX 4.4a�. $� ,�✓�,0 N8730'48W
\$p 5 Na * J'22"W 46.84
�
LEGAL OESCR/P710N.
A Troct of land being part of Lots One (1), Three (3), and Seven (7) and all of Lots Two (2)
and Six (6), in Block Eight (8) of Belmont Addition to the City of Salina, Saline County,
Kansas, more particularly described as follows.
Beginning at the Northwest corner of said Lot 6,
Thence Northeasterly along the Northerly line of Lot 6 and Lot 1, on an assumed bearing of
N5320'00"E, o distance of 304.17 feet to a point which is 83.73 feet Southwesterly
from the Northeast corner of said Lot 1;
Thence N90*00'00"E a distance of 67.16 feet to a point on the East line of Lot 1 and 50
feet south of the Northeast corner thereof;
Thence SOOVO'00'E along the East line of Lots 1, 2, and 3, a distance of 172.80 feet to
o point 42.2 feet North of the Southeast corner of Lot J.
Thence N87'30'48"W a distance of 46.84 feet;
Thence S63V7'49"W o distance of 83.26 feet to the Southwest corner of said Lot 3;
Thence N353322"W a distance of 10.00 feet,
Thence S5370'00"W parallel with the Southerly line of Lot 7 a distance of 139.26 feet to a
point on the Westerly line of Lot 7 and 10 feet Northwesterly of the Southwest corner
thereof,•
Thence N3579'00"W along the westerly line of Lots 7 and 6, a distance of 125.00 feet
bock to the Point of Beginning.
The above described tract of land contains 45,036 square feet of 1.03 acres, more or less.