97-9793 Eminent Domain(Published in The Salina Journal March 7 , 1997)
ORDINANCE NUMBER 97-9793
AN ORDINANCE ORDERING THE CONDEMNATION
ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL ESTATE FOR
USE OF THE CITY OF SALINA, KANSAS, FOR THE PURPOSE
CONSTRUCTING A FIRE DEPARTMENT TRAINING FACILITY, PURSUANT
K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS IT RELATES
CONDEMNATION BY CITIES, AND FURTHER PURSUANT TO RESOLU7
NUMBER 97-5116 OF THE CITY OF SALINA, KANSAS.
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 a Fire Department training facility.
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 S. That this ordinance shall constitute the final order
setting forth the condemnation of the real estate described in Exhibit A and
for the purpose for which it is to be used.
Section 6. That this ordinance shall be in full force and effect
from and after its adoption and publication as provided by law.
(SEAL)ATTEST:
Ju g;�CMC, ' y Clerk
Introduced: February 24, 1997
Passed: March 3, 1997
Evel Maxwell, Mayor
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 constructing a Fire Department
training
facility;
which survey
and 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 a Fire Department training facility.
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 S. That this ordinance shall constitute the final order
setting forth the condemnation of the real estate described in Exhibit A and
for the purpose for which it is to be used.
Section 6. That this ordinance shall be in full force and effect
from and after its adoption and publication as provided by law.
(SEAL)ATTEST:
Ju g;�CMC, ' y Clerk
Introduced: February 24, 1997
Passed: March 3, 1997
Evel Maxwell, Mayor
CoWidaMUN
Ordinance Number 97-9793
Certificate of Engineer
I, Donald E. Hofij 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 a Fire Department training facility on what is now privately
owned property located in the 300 block ofNorth Seventh Street and that the following tract of land
is necessary for said improvements:
Legal Descri tion
Lots Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16), Gower and VanFleet
Subdivision of a part of Church Park, Original Townsite, City of Salina, Saline County,
Kansas. This tract contains 0.52 acres, more or less.
Dated at Salina, Kansas, this 19th day of February, 1997.
/ �/�
Donald E. Hoff, P. E. '
City Engineer
D £,
O� GE�ti!
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LEGAL DESCRIPTION:
Lots Thirteen (13), Fourteen (14), Fifteen (15),. and Sixteen (16),
Gower and VonFleet's Subdivision of a part of Church Park, Original
Townsite, City of Salina, Saline County Kansas.
The above described parcel of land contains 22,750 s f. or 0.52
acres, more or less