96-9728 Eminent Domain Easement9
(Published in The Salina Journal , 1996)
ORDINANCE NUMBER 96-9728
AN ORDINANCE ORDERING THE CONDEMNATION AND
ACQUISITION OF PERMANENT EASEMENT FOR THE USE OF THE CITY OF
SALINA, KANSAS, FOR THE PURPOSE OF CONSTRUCTING A SANITARY
SEWER SYSTEM PUMP STATION TO BE LOCATED NEAR THE SOUTHEAST
CORNER OF THE INTERSECTION OF PLAZA DRIVE AND WEST CRAWFORD
STREET, PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS
IT RELATES TO CONDEMNATION BY CITIES, AND FURTHER PURSUANT TO
RESOLUTION NUMBER 96-4985 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas, in
Resolution Number 96-4985 adopted February 26, 1996, directed a survey and description to be
made of real estate to be acquired by the City for the purpose of constructing a sanitary sewer
system pump station to be located near the southeast corner of the intersection of Plaza Drive
and West Crawford Street; 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:
Section 1. That the Board of Commissioners hereby reaffirms the prior orders and
declarations of the necessity for acquisition of permanent easement for use by the City for the
purpose of constructing a sanitary sewer system pump station to be located near the southeast
corner of the intersection of Plaza Drive and West Crawford Street.
Section 2. That the permanent easement 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 permanent easement 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 the permanent
easement 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 permanent easement for the stated public purpose.
Section 5. That this ordinance shall constitute the final order setting forth the
condemnation of the permanent easement described herein and for the purposes 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:
Judy D. Long, City Clerk
Introduced: March 18, 1996
Passed:
John Divine, Mayor
VOID
FILED
Certificate of En¢irreer
'96 MR 14 PM 4 58
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Cmom,esaha
CITY CLERK'S OFFICE
L.
L Donald E. Hoff, P. E., City Engineer of the City of Salina, Kansas, hereby certify that pursuant to
Resolution No. 96-4985 adopted by the Board of Commissioners of Salina, Kansas, on February 26,
1996, I made a survey and description of the land necessary to be acquired by the City of Salina for
the purpose of constructing a sanitary sewer pump station facility and that the following tract of land
is necessary for said improvements:
Permanent Easement
A tract of land located in the Northwest Quarter (NW 1/4) of Section Twenty-three (23), Township
Fourteen (14) South, Range Three (3) west of the Sixth Principal Meridian in the City of Salina,
Saline County, Kansas, more particularly described as follows:
Beginning at a point which is the intersection of the south right-of-way line of Crawford
Street and the east right of way line of Plaza Drive, said point being forty feet (40) south
of and one hundred fifty feet (150') west of the Northeast corner of said Northwest
Quarter (NW 1/4);
Thence East along the south R/W of Crawford Street, a distance of sixty feet (60');
Thence South, parallel with the East line of Plaza Drive, a distance of sixty feet (60');
Thence West, parallel with the south line of Crawford Street a distance of sixty feet (60')
to a point on the east R/W of Plaza Drive;
Thence North along the east R/W line of Plaza Drive, a distance of sixty feet (60') back to
the Point of Beginning.
The above described tract of land contains 3600 square feet, more or less. (See Exhibit "A")
Dated at Salina, Kansas, this Zfd Day of March, 1996,
Donald E. Hoff, . E.
City Engineer
EXHIBIT "A"
Scale: 1" = 50'
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