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"