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91-9455 Eminent DomainKuhn -Co. Printing — Salina. Kansas ,;M a (Published in The Salina Journal June 1991) ORDINANCE NUMBER 91-9455 AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION OF CERTAIN RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE USE OF THE CITY OF SALINA, KANSAS, FOR THE PURPOSES OF CONSTRUCTING, INSTALLING, REPAIRING, REPLACING AND MAINTAINING PUBLIC STREET, PUBLIC UTILITIES, PUBLIC SIDEWALK AND STREET SIGNAGE , IN PERPETUITY, IN CONJUNCTION WITH PHASE III (Montrose Street to Ohio Street) OF THE CRAWFORD STREET IMPROVEMENT PROJECT, PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS IT RELATES TO CONDEMNATION BY CITIES, AND FURTHER PURSUANT TO RESOLUTION NUMBER 91-4323 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 certain right-of-way, permanent easement and temporary construction easement to be acquired by the City for the purposes of constructing, installing, repairing, replacing and maintaining public street, public utilities, public sidewalk and street signage, in perpetuity, in conjunction with Phase III (Montrose Street to Ohio Street) of the Crawford Street Improvement Project; 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 certain right-of-way, permanent easement and temporary construction easement to be acquired by the City for the purposes of constructing, installing, repairing, replacing and maintaining public street, public utilities, public sidewalk and street signage, in perpetuity, in conjunction with Phase III (Montrose Street to Ohio Street) of the Crawford Street Improvement Project for the mutual benefit of those parties, whether individual or corporate, served by such right -of -way. Section 2. That the right-of-way, permanent easement and temporary construction 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 right-of-way, permanent easement and temporary construction easement described in attached Exhibit A is hereby ordered condemned for the purposes set forth in Section 1 above. Kinn -Cox Printing — Selina, Kansas 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 right-of-way, permanent easement and temporary construction 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 real estate for the stated public purposes. Section 5. That this ordinance shall constitute the final order setting forth the condemnation of the right-of-way, permanent easement and temporary construction 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 once in the official city newspaper. Introduced: July 15, 1991 Passed: July 22, 1991 1 Stephen C. Rya r , Mayor (SEAL) ATTEST: f Jaequr' ie Shiever, City Clerk CERTIFICATE OF ENGINEER I, Donald E. Hoff, P.E., City Engineer of the City of Salina, Kansas, hereby certify that pursuant to Resolution No. 91-4323 adopted by the Board of Commissioners of Salina, Kansas, on July 1, 1991, I made a survey and description of the land necessary to be acquired by the City of Salina for constructing, installing, repairing, replacing, and maintaining a public street, public utilities, public sidewalk and street signage in perpetuity, in conjunction with the Crawford Street Improvement Project (Phase III - Montrose Street to Ohio Street) and that temporary easements, permanent easements, and/or right-of-way on the following tracts of land are necessary for said improvements: Tract No. 005 (See Attached Exhibit "A") Tract No. 047 (See Attached Exhibit "E" & "F") Tract No. 057 (See Attached Exhibit "I" & "J") Tract No. 060 (See Attached Exhibit "K" & "L") Tract No. 072 (See Attached Exhibit "M") Tract No. 073 (See Attached Exhibit "N") Dated at Salina, Kansas, this 12th day of July, 1991. L �;_� z4" Donald E. Hof ,—P.E., Direct r pf Engineering & Utilities Qp:v�,ENSE` O 5984 O�`• �RNSP`' .f�a'�tu -IN-V- A- TEMPORARY EASEMENT OWNER: Sinclair Marketing Incorporated TRACT NO: 005 P.O. Box 31825 550 East South Salt Lake City, Utah 84131-0825 LEGAL DESCRIPTION: The best 47.00 feet of the South 7.00 feet and the East 48.00 feet of the South 7.00 feet, all in Lot 10 less the West 70.00 feet, Block 13, South Park Addition to the City of Salina, Kansas. The above described parcels of land contain 665.00 square feet more or less. 70.00' 30' 130.00' �1 SOUTH W o °o PARK o Q � o o_ LOT 10 ADDITION 7' 7' 47' 46' 70.00•30* 144ie 35 iq p CRAWFORD _ _ ST. N — Temporary Construction Easement Scali: I"= 40' EXHIBIT "A" PERMANENT EASEMENT OWNER: Marshall Motor Company Inc. TRACT NO: 047 Box 557 Salina, .Kansas 67402-0557 LEGAL DESCRIPTION: A parcel in a tract of land designated as Lots 1 through 4 and the West 32.50 feet of Lot 5, all in Block 9, Replat of Lots 1 to 15 Inclusive, Garden Home Addition to the City of Salina, Kansas, described as follows: Beginning at the Southwest corner of said Lot 1; thence North along the West line of said Lot 1 a distance of 8.00 feet; thence Southeasterly a distance of 11.18 feet more orless to a point 10.00 feet east and 3.00 feet north of said Southeast corner; thence East and parallel to the south line of said Lots 1, 2, 3, 4 and 5 a distance of 291.00 feet more or less to a point 32.50 feet east and 3.00 feet north of the Southwest corner of said Lot 5; thence South 3.00 feet to the South Line of said Lot 5; thence West along the South line of said Lots 5, 4, 3, 2 and 1 a distance of 301.00 feet more or less to the point of beginning. The above described parcel of land contains 1816.00 square feet more or less. :Scale I 50' ® Permanent Easement EXHIBIT "E" 30 73.50' 65.00' 65.00' 65.00' 32.50' 32.50' E'` REPLAT LOT 3 LOT 2LOT F-91 4 LOT 5 LOT I GARDEN 0 0 0. HOME o 0 0 M a N N N N ADDITION ` x' U 10 3. O 30 J'J 18 63.50 1 65' 1 65' 65' 1 32.50 32.50' � o + t CRAWFORD :Scale I 50' ® Permanent Easement EXHIBIT "E" TEMPORARY EASEHEKT OWNER: Marshall Motor Company Inc. TRACT NO: 047 Box 557 Salina, Kansas 6 7402-055 7 LEGAL DESCRIPTION: The East 40.00 feet of the West 131.35 feet of the North 7.00 feet of the South 10.00 feet, and the West 35 feet of the East 99.65 feet of the North 7.00 feet of the South 10.00 feet, all in Lots 1 through 4 and the West 32.50 feet of Lot 5, Block 9, Replat of Lots 1 to 15 Inclusive, Garden Home Addition to the City of Salina, Kansas. The above described parcel of land contains 525.00 square feet more or less. F W 30' 73.50' 65.00' 65.00' REPLAT 191 GARDEN LOT 3 0 0 o o c LOT l a LOT 2 a HOME . Proposed R/W U 7• Q F 3 0' 40- r 70.00' 3 0 CRAWFORD — Temporary Conslructlon Easement EXHIBIT "F" LOT 4 LOT 5 0 0 o O chi Ri P Q' ADDITION �7' 35' 32.50' AVE. Scale I-= 50' TEMPORARY EASEMENT OWNER: Marshall Motor Company TRACT NO: 057 P.O. Box 567 Salina, Kansas 67402-0567 LEGAL DESCRIPTION: The South 7.00 feet of the North 10.00 feet of the East 23.60 feet and the West 8.40 feet of the South 12.00 feet of the North 15.00 feet, all in the West 150.00 feet of the East 300.00 feet of Block 9, Riker Addition to the City of Salina, Kansas. The above described parcel of land contains 266.00 square feet more or less. CRAWFORD Scale P•= 60' Temporary Construction Easement EXHIBIT "I" o• PERMANENT EASEMENT OWNER: Marshall Pfotor Company TRACT NO: 057 P.O. Box 567 Salina, Kansas 67402-0567 LEGAL DESCRIPTION: The North 3.00 feet of the West 150.00 feet of the East 300.00 feet of Block 9, Riker Addition to the City of Salina, Kansas. The above described parcel of land contains 450.00 square feet more or less. W d Scale 1 60' 2DPermanent Easement EXHIBIT "J" PERMANENT EASEMENT OWNER: Board Of Education Of Salina TRACT NO: 060 Central High School USD 305 650 East Crawford A venue Salina, Kansas 67401 LEGAL DESCRIPTION: A parcel of land located in the Northeast Quarter of Section 24, Township 14 South, Range 3 West of the 6th Principal Meridian, Saline County, Kansas described as follows: Commencing at the North west corner of said Northeast Quarter, thence East along the north line of said quarter a distance of 788.80 feet; thence South and parallel with the west line of said quarter a distance of 30.00 feet to the south right of way iine of Crawford Street, said point being the point of beginning; thence East along said right of way line a distance of 30.00 feet; thence South and parallel with the west line of said quarter a distance of 35.00 feet; thence West and parallel with the north line of said quarter a distance of 30.00 feet; thence North and parallel with the west line of said quarter a distance of 35.00 feet to the point of beginning. The above described parcel of land contains 1050.00 square feet more or less. Tes.a0• NW CORNER 1/4 SECTION CRAWFORD SOUTH R/W LINE CRAWFORD STREET w w a t~ �I W 2 J [�1 z o� W a w Uj 3 Permanent Easement EXHIBIT "K" A 1/4 SECTION UNE STREET SCALE l" = 200' w w 1 E., 1 con TEMPORARY EASEMENT OWNER: Board Of Education Of Salina TRACT NO: 060 Central High School USD 305 650 East Crawford A venue Salina, Kansas 67401 LEGAL DESCRIPTION: Three parcels of land located in the Northeast Quarter of Section 24, Township 14 South, Range 3 West of the 6th Principal Meridian, Saline County, Kansas described as follows: Parcel One: Commencing at the Northwest corner of said Northeast Quarter, thence South along the west line of said quarter a distance of 30.00 feet, thence East and parallel with the north line of said quarter a distance of 37.00 feet to the point of beginning; thence East and parallel with said north line a distance of 438.80 feet; thence South and parallel with said west line a distance of 25.00 feet; thence West and parallel with said north line a distance of 137.00 feet, thence North and parallel with said west line a distance of 23.00 feet; thence West and parallel with said north line a distance of 281.80 feet; thence South and parallel with said west line a distance of 8.00 feet to a point 10.00 feet south and 20.00 feet east of the point of beginning; thence southwesterly a distance of 22.36 feet to a point on the east right of way line of Front Street 37.00 feet East and 50.00 feet South of said Northwest corner; thence North along said right of way linea distance of 20.00 feet to the point of beginning. The above described parcel of land contains 4288.60 square feet more or less. Parcel Two: Commencing at the Northwest corner of said Northeast Quarter, thence East along the north line of said quarter a distance of 680.80 feet, .thence South and parallel with the west line of said quarter a distance of 30.00 feet to the south right of way line of Crawford Street, said point being the point of beginning, thence East along said right of way line a distance of 63.00 feet; thence South and parallel with said west line a distance of 30.00 feet; thence West and parallel with the north line of said quarter a distance of 63.00 feet; thence North and parallel with said west line a distance of 30.00 feet to the point of beginning. The above described parcel of land contains 1890.00 square feet more or less. Parcel Three: Commencing at the Northwest corner of said Northeast Quarter, thence East along the north line of said quarter distance of 1300.40 feet; thence South and parallel with the west line of said quarter a distance of 30.00 feet to the intersection of the south right of way line of Crawford Street and the west right of way line of Roach Street, said point being the point of beginning, thence West along said south right of way line a distance of 18.00 feet; thence South and parallel with .said west right of way line a distance of 10.00 feet, thence East and parallel with said south right of way line a distance of 18.00 feet to saod west right of way line, thence North along said west right of way line a distance of 10.00 feet to the point of beginning. The above described parcel of land contains 180.00 square feet more or less. PG. 1 EXHIBIT "L" TEMPORARY EASEMENT F" Z 0 Ix 680.80, W CORNER 1/4 SECTION CRAWFORD t430.60' ;T.lV 1 f37* X22.36' PARCEL' I 37' PG. 2 1300.4 PARCEL Z MTemporary Cons1ructlan Easement TRACT NO: 060 NORTH 1/4 SECTION LINE ISTREET SOUTH R /W LINE CRAWFORD STREET - -T EXHIBIT "L" I SCALE I" = 200' PARCEL 3 —J 20' 3 TEMPORARY EASEMENT OWNER: Joseph M. and Bonita L. Stewart TRACT NO: 072 700 South Santa Fe Avenue Salina, Kansas 67401-4945 LEGAL DESCRIPTION: The East 128.40 feet of the North 5.00 feet and the West 7.80 feet of the North 10.00 feet, all in the East 136.20 feet of Lot 2, Block 2, Bond's Addition to the City of Salina, Kansas. The above described parcel of land contains 720.00 square feet more or less. CRAWFORD _ 4 j 35' o BOND'S o 0 35' -STREET - - 1�: 0 195.00' 15' ;'28.40' �i. LOT 1 0 0 0 LOT 2 0 195.00' r W ti 0 J a 0 136.20' LOT 3 0 0 °o 2 LO a LOT 4 195.00' IS' 195.00' tO N ADDITION Scale I", 50' Temporary Construction Easement EXHIBIT "M" TEMPORARY EASEMENT OWNER: James L. and Ella M. Meadows TRACT NO: 073 109 West Crawford Avenue Salina, Kansas 67401-4928 LEGAL DESCRIPTION: The East 12.20 feet of the North 10.00 feet and the East 20.00 feet of the West 31.00 feet of the North 5.00 feet, all in the West 58.80 feet of Lot 2, Block 2, Bond's Addition to the City of Salina, Kansas. The above described parcel of land contains 222.00 square feet more or less. STREET __ Scale 1 50' Temporary Constructlon Easement EXHIBIT "N" CRAWFORD W pt b 35' 195.00' 15' BOND'S o o LOT I R i 0 � 0 0 195.00' r w A J J z o LOT 3 O 0 O a a W In x 195.00' x 15' 35' STREET __ Scale 1 50' Temporary Constructlon Easement EXHIBIT "N"