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92-9496 Eminent DomainKuhn -Cox Printing — Sabina, Kansas (Published in The Salina Journal April /0 , 1992) ORDINANCE NUMBER 92-9496 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 PURPOSES OF MUNICIPAL OPERATIONS, TRAINING, AND STORAGE OF MATERIALS AND EQUIPMENT, PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS IT RELATES TO CONDEMNATION BY CITIES, AND FURTHER PURSUANT TO RESOLUTION NUMBER 92-4433 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 purposes of municipal operations, training and storage of materials and equipment; 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 purposes of a municipal operations, training and storage of materials and equipment. 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 purposes 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 purposes. Section 5. That 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. Kuhn -Cox Priming — Salina, Kansas 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: �JL ,ww Jac�line Shiever, City Clerk Introduced: March 23, 1992 Passed: April 6, 1992 Stephe C . R , Mayor SURVEYOR'S CERTIFICATE DESCRIPTION: SEE ATTACHED SHEET CURVE DATA = 41°41' 18.9" R = 555.29' L = 404.03' T = 211.43' 25 27 /29 3 / 26 28 R 30 32 / 33 c' I 34 35 36 90'02'00' 3 7 �38 a9�•ojo71 2s' 95• 1 I 120- I/ 5' 40• h n L0 N SCALE 1 " = 100' n O = 1/2" x 18" REBAR SET THIS IS TO CERTIFY that on this date a survey of the above described property was made by me or under my direction and the results of said survey are true and correct to the best of my knowledge, information, belief, and in my professional opinion. S T ` ��.t.,'•. mac.', , Il 'r, ,`` v nom• �' / �/�� DONALD HOFF z # .Ir, l `•'`�r`�'cuR���o c EXHIBIT A Certificate of Engineer I, Donald E. Hoff, City Engineer of the City of Salina, Kansas, hereby certify that pursuant to Resolution No. 92-4433 adopted by the Board of Commissioners of Salina, Kansas, on March 16, 1992, I made a survey and description of land necessary to be acquired by the City of Salina, Kansas for use by the City of Salina, Kansas, for the purposes of municipal operations, training, and storage of materials and equipment. Fee simple title for the following tract: Containing a net area of 46,201 square feet, more or less. Dated at Salina, Kansas, this 20th day of March, 1992 Donald E. o f, P.E. L.S. City Engineer Exhibit A A parcel of land being all of Lots Thirty-two (32), Thirty-four (34), Thirty-six (36), and Thirty-eight (38), on Third Street, Original Townsite, City of Salina, Saline County, Kansas, and all that portion of Lots twenty-six (26), Twenty-eight (28), and Thirty (30) on Third Street Original Townsite, City of Salina, Saline County, Kansas, and Lots Thirty-one (31), Thirty-three (33), Thirty-five (35), and Thirty-seven (37) on Fourth Street Original Townsite, City of Salina, Saline County, Kansas, lying southeasterly of a line concentric with and 40.0 feet distant southeasterly of the centerline of the connecting wye tract between the Union Pacific Railroad Company's Tract No. 71 and the Missouri Pacific Railroad Company's Track No. 10 which said line begins at a point on the south line of said Lot Thirty-seven (37) that is 25.0 feet east, measured along said south line, from the southwest corner of said Lot Thirty-seven (37) to a point on the east line of said Lot Twenty-six (26) that is 25.0 feet north, measured along said east line, from the southeast corner of said Lot Twenty-six (26), Original Townsite to the City of Salina, Saline County, Kansas, together with the vacated alley lying between said lots as vacated by Ordinance No. 2181 approved May 26, 1918, EXCEPTING therefrom, all that portion of said vacated alley lying northwesterly of said concentric line. Containing a net area of 46,201 square feet, more or less. Dated at Salina, Kansas, this 20th day of March, 1992 Donald E. o f, P.E. L.S. City Engineer Exhibit A