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
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I 34
35 36
90'02'00' 3 7 �38 a9�•ojo71
2s' 95• 1 I 120- I/
5'
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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