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95-9705 Eminent Domain(Published in the Salina Journal September / , 1995) ORDINANCE NUMBER 95-9705 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN RIGHT-OF-WAY AND TEMPORARY EASEMENT NECESSARY FOR CONSTRUCTION OF THE MAGNOLIA/I-135 INTERCHANGE PROJECT. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas Section 1. As directed by Resolution Number 95-4911 declaring the necessity of appropriating private property for construction of the Magnolia/I-135 Interchange Project, the City Engineer has filed with the office of the City Clerk a Certificate of Engineer describing the specific interests in real estate to be acquired in order to construct the Magnolia/I-135 Interchange Project. Section 2. The City Manager is authorized to direct the City Attorney to file a verified petition in the District Court of Saline County, Kansas, for the condemnation and acquisition of such of those interests in real estate described in the Certificate of Engineer which have not yet been acquired by agreement at the time of filing the petition. Section 3. In the opinion of the Governing Body, the property legally described on Exhibit A, attached and incorporated herein, is specifically benefitted by the Magnolia/I-135 Interchange Project and is hereby designated as the benefit district for the project in accordance with K.S.A. 26-201. Section 4. That this ordinance shall take effect and be in force from and after its adoption and publication once in the official city newspaper. Introduced: August 21, 1995 Passed: August 28, 1995 John Divine, Mayor [SEAL] ATTEST: Lon City Clerk EXHIBIT "A" MAGNOLIA INTERCHANGE BENEFIT DISTRICT PROPERTY DESCRIPTIONS PROPERTY TRACT NUMBER TRACT DESCRIPTION 1 Lot 1, Block 1, Waters Subdivision. 2 North 200 feet of Lot 8, Block 2, Wallerius Addition. 3 South 150 feet of the North 350 feet of Lot 8, Block 2, Wallerius Addition. 4 Tract 6 through 16, Block 1, PDD Replat of Part of Meadowlark Acres Addition No. 3, Replat No. 3. 5 Lot 1, Block 1, Meadowlark Acres Replat No. 3. 6 South 100 feet of the North 450 feet of Lot 8, Block 2, Wallerius Addition. 7 South 75 feet of Lot 7, Block 2 & North 30 feet of the vacated Mercury Avenue South of Lot 7, Block 2, Wallerius Addition. 8 South 70 feet of Lot 8, Block 2 & the North half of the vacated Mercury Avenue lying South of Lot 8, Block 2, Wallerius Addition. 9 Lots 1 through 5, Block 3, Wallerius Addition. 10 North 100 feet of Lot 8 & South 30 feet of the vacated Mercury Avenue lying North of Lot 8, Block 3, Wallerius Addition. 11 South 262.41 feet of the North 362.41 feet of Lot 8, Block 3, Wallerius Addition. 12 South 160 feet of Lot 8, Block 3, Wallerius Addition. 13 Lots 6 & 7, Block 3, Wallerius Addition. 14 A tract of land located in the South half of the Southeast Quarter of Section 26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Commencing at the Southwest corner of the Southeast 1/4 of said Section 26; thence North along the West line of said Southeast 1/4 on an assumed bearing of North 000 09 feet 15 inches East, a distance of 96.25 feet to the Point of Beginning; thence North 890 38 feet 00 inches East, a distance of 22.40 feet; thence North 660 25 feet 36 inches East, a distance of 38.07 feet; thence North 810 21 feet 24 inches East, a distance of 489.67 feet; thence North 090 41 feet 31 inches West, a distance of 567.93 feet; thence North 200 27 feet 30 inches West, a distance of 198.30 feet; thence North 350 49 feet 23 inches West, a distance of 242.34 feet; thence North 520 55 feet 59 inches East, a distance of 25.00 feet to a point on the westerly right-of-way of I-135 Highway; thence northwesterly along said R/W on a non -tangent curve to the left having a radius of 5579.58 feet, an arc distance of 223.78 feet, said curve having PAGE 2 PROPERTY TRACT NUMBER TRACT DESCRIPTION a long chord of 223.77 feet and a bearing on North 380 12 feet 31 inches West; thence south 890 57 feet, 15 inches West, a distance of 112.89 feet to a point on the West line of the Southeast 1/4 of said Section 26; thence South 000 09 feet 15 inches West along said West line, a distance of 1221.88 feet back to the Point of Beginning. The bove described tract of land contains 469,826 square feet or 10.79 acres, more or less. 15 A tract of land located in the Southeast Quarter of Section 26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at a point which is 834.14 feet North and 132.32 feet West of the Southeast corner of said Section 26; thence westerly, a distance of 142 feet; thence southerly a distance of 112 feet; thence westerly a distance of 149.96 feet; thence northerly a distance of 573.1 feet; thence easterly a distance of 149.4 feet; thence southerly a distance of 122 feet; thence easterly a distance of 147 feet; thence southerly a distance of 339.14 feet back to the Point of Beginning. The above described tract of land contains 134,787 square feet or 3.09 acres, more or less. 16 A tract of land located in the Southeast Quarter of Section 26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at a point which is 1295.30 feet North and 128.65 feet West of the Southeast corner of said Section 26; thence westerly a distance of 147 feet; thence southerly a distance of 122 feet; thence easterly a distance of 147 feet; thence northerly a distance of 122 feet back to the Point of Beginning. The above described tract of land contains 17,934 square feet or 0.41 acres, more or less. 17 A tract of land located in the Southeast Quarter of Section 26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at a point which is 722.14 feet North and 479.28 feet West of the Southeast corner of said Section 26; thence westerly a distance of 325 feet; thence northerly a distance of 575 feet; thence easterly a distance of 329.44 feet; thence southerly a distance of 573 feet back to a Point of Beginning. The above described tract of land contains 187,824 square feet or 4.31 acres, more or less. PAGE 3 PROPERTY TRACT NUMBER TRACT DESCRIPTION 18 A tract of land located in the Southeast Quarter of Section 26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at a point which is 722.14 feet North and 424.28 feet West of the Southeast corner of said Section 26; thence westerly a distance of 55 feet; thence northerly a distance of 573 feet; thence easterly a distance of 50.56 feet; thence southerly a distance of 573.1 feet back to the Point of Beginning. The above described tract of land contains 30,246 square feet or 0.69 acres, more or less. 19 A tract of land located in the Southeast Quarter of Section 26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at a point which is 722.14 feet North and 132.32 feet West of the Southeast corner of said Section 26; thence westerly a distance of 142 feet; thence northerly a distance of 112 feet; thence easterly a distance of 142 feet; thence southerly a distance of 112 feet back to the Point of Beginning. The above described tract of land contains 15,904 square feet or 0.37 acres, more or less. 20 Lots 1, 2 & 3, Block 1, American Stores Properties Inc. Addition. 21 All of Block 1 plus the vacated Century Plaza Drive, Meadowlark Acres Addition No. 2, Replat No. 3. 22 Lot 9 & the East 141.4 feet of Lot 10, Block 1, Key Acres Addition. 23 Lot 8, Block 1, Key Acres Addition. 24 North 170 feet of the West 112 feet of Lot 1, Block 1, Key Acres Addition. 25 A tract of land located in the Northeast Quarter of Section 35, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at a point on the West right-of-way of Ninth Street, said point being 150.38 feet South of and 86.21 feet West of the Northeast corner of said Section 35; thence South along said R/W on an assumed bearing of South 000 03 feet 16 inches East, a distance of 249.02 feet; thence South 890 49 feet 50 inches East, a distance of 20.00 feet; thence South 000 03 feet 16 inches East, a distance of 500.00 feet; thence North 890 49 feet 50 inches West, a distance PAGE 4 PROPERTY TRACT NUMBER TRACT DESCRIPTION of 20.00 feet; thence South 000 03 feet 16 inches East, a distance of 329.77 feet; thence North 890 49 feet 50 inches West, a distance of 200.00 feet to the Northwest corner of Capital Subdivision; thence South 000 10 feet 10 inches West, a distance of 180.00 feet to the Southwest corner of Capital Subdivision and the North line of Lambertz Addition; thence 890 49 feet 50 inches West along the North line of Lambertz Addition, a distance of 754.69 feet to the easterly R/W of I-135 Highway; thence North along said R/W on a non -tangent curve to the left having a radius of 5879.65 feet, an arc distance of 156.03 feet, 080 50 feet 32 inches West; thence North 800 25 feet 15 inches East, a distance of 25.00 feet; thence North 100 41 feet 53 inghes West, a distance of 231.80 feet; thence North 000 23 feet 05 inches East, a distance of 875.65 feet; thence North 420 38 feet 18 inches East, a distance of 118.88 feet; thence North 850 15 feet 44 inches East, a distance of 75.39 feet; thence North 890 51 feet 38 inches East, a distance of 740.50 feet; thence South 420 51 feet 00 inches East, a distance of 138.10 feet; thence South 890 49 feet 50 inches East, a distance of 0.60 feet back to the Point of Beginning. The above described tract of land contains 1,305,653 square feet or 29.97 acres, more or less. 26 A tract of land located in the Northeast Quarter of Section 35, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Commencing at the Northwest corner of the Northeast 1/4 of said Section 35; thence South along the West line of said Northeast 1/4 on an assumed bearing of South 000 05 feet 04 inches East, a distance of 53.76 feet to the Point of Beginning; thence North 890 38 feet 00 inches East, a distance of 58.55 feet; thence South 810 25 feet 18 inches East, a distance of 604.86 feet; thence South 260 06 feet 58 inches East, a distance of 310.39 feet; thence South 410 29 feet 26 inches East, a distance of 490.48 feet; thence South 310 03 feet 05 inches East, a distance of 253.16 feet to a point on the westerly right-of-way of I-135 Highway; thence South along said westerly R/W on a non - tangent curve to the right having a radius of 5579.58 feet, an arc distance of 406.86 feet, said curve having a long chord of 406.77 feet and a bearing of South 100 29 PAGE 5 PROPERTY TRACT NUMBER TRACT DESCRIPTION feet 03 inches East; thence South 890 53 feet 15 inches West, a distance of 1320.52 feet to a point on the West line of the Northeast 1/4 of said Section 35; thence North 000 05 feet 04 inches West along said West line, a distance of 1355.41 feet back to the Point of Beginning. The above described tract of land contains 1,357,792 square feet or 31.17 acres, more or less. 27 West 125 feet of Lot 10, Block 1 & 45 feet of the vacated Ninth Street Place, Key Acres Addition. 28 Lot 12, Block 9, Key Acres Addition. 29 Lots 13, 14 & 15 less the South 174.3 feet of Lot 15, Block 9, Key Acres Addition. 30 Lot 1, Block 1, Capital Subdivision. 31 East 111 feet of the South 174.3 feet of Lot 15, Block 9, Key Acres Addition. 32 West 152.9 feet of the South 174.3 feet of Lot 15, Block 9, Key Acres Addition. 33 Tract beginning at a point 1409.17 feet South and 89.24 feet West of the Northeast corner of Section 35, thence southerly 505.03 feet, westerly 906.03 feet, northerly 512.13 feet easterly 955.39 feet to the point of beginning. 34 North 166 feet of Lot 11, Block 15, Key Acres Addition. 35 South 56 feet of Lot 11 and the North 100.7 feet of Lot 12, Block 15, Key Acres Addition. 36 A tract of land located in the Southeast Quarter of the Northeast Quarter of Section 35, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at a point on the South line of said Northeast 1/4 and 107.05 feet West of the Southeast corner of said Northeast 1/4; thence West along the South line of said Northeast 1/4, a distance of 870 feet, more or less, to the East R/W of I-135 Highway; thence North along said R/W, a distance of 720 feet, more or less, to the South line of Lambertz Addition; thence East along the South line of Lambertz Addition, a distance of 869 feet, more or less, to the West R/W of Ninth Street; thence South along said R/W, a distance of 720 feet, more or less, back to the Point of Beginning. The above described tract of land contains 626,040 square feet or 14.37 acres, more or less. 37 East 100 feet of the South 135 feet of Lot 13, Block 15, Key Acres Addition. 38 West 161.8 feet of the South 135 feet of Lot 13, Block 15, Key Acres Addition. 0 PAGE 6 PROPERTY TRACT NUMBER TRACT DESCRIPTION 39 North 150 feet of the East 200 feet of Lot 5, Block 19, Key Acres Addition. 40 North 150 feet of the East 51.4 feet of Lot 5, Block 19, Key Acres Addition. 41 South 119 feet of Lot 5, Block 19, Key Acres Addition. 42 South 121.3 feet of Lot 12 and the North 88.7 feet of Lot 13, Block 15, Key Acres Addition.