91-9453 Eminent DomainKUhn . Priming — Salina, Kansas
Ju/y s;
(Published in The Salina Journal June 1991)
ORDINANCE NUMBER 91-9453
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
OF. CERTAIN RIGHT-OF-WAY 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 THE CRAWFORD STREET IMPROVEMENT PROJECT
(Project 90-803), PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS
THERETO, AS IT RELATES TO CONDEMNATION BY CITIES, AND FURTHER
PURSUANT TO RESOLUTION NUMBER 91-4310 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
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 the Crawford
Street Improvement Project (Project 90-803); 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 certain
right-of-way 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 the Crawford Street Improvement Project (Project 90-803) for the mutual
benefit of those parties, whether individual or corporate, served by such
right -of -way.
Section 2. That the right-of-way 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 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 the right-of-way 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.
K 1M1 1 Priming — Sallna KansaS
Section 5. That this ordinance shall constitute the final order
setting forth the condemnation of the right-of-way 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.
( SEAL)
ATTEST:
Jgegqugrne Shiever, City Clerk
Introduced: June 24, 1991
Passed: July 1, 1991
t
Stephen C. Ry n, Mayor
CERTIFICATE OF ENGINEER
I, Donald E. Hoff, P.E., City Engineer of the City of Salina, Kansas,
hereby certify that pursuant to Resolution No. 91-4310 adopted by the Board
of Commissioners of Salina, Kansas, on June 17, 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 (Project No.
90-803) and that the following tract of land is necessary for said
improvements:
Fee Simple Title to the following tract:
LEGAL DESCRIPTION: A parcel of land located in the Southeast
Quarter of the Southwest Quarter of Section Fourteen (14), Township
Fourteen (14), South, Range Three (3) West of the Sixth Principal
Meridian, Saline County, Kansas, more particularly described as follows:
Commencing at the intersection of the West line of the Missouri Pacific
Railroad Right -of -Way and the North line of Crawford Street, said North
line being 30.00 feet North of the South line of said Section; thence
West along said North line of Crawford Street and parallel with the
South line of said Section a distance of 200.00 feet; thence North and
parallel with the West line of said Right -of -Way a distance of 4.25
feet; thence East and parallel with the South line of said Section a
distance of 200.00 feet to a point on the West line of said
Right -of -Way; thence South along said West Right -of -Way a distance of
4.25 feet to the po.i�nt of beginning.
i
The above described.parcel of land contains 850.00 square feet more or
less.
Dated at Salina, Kansas, this /--< day of June, 1991.
Donald E. Hoff, P.E., Dire�ctgr-'
of Engineering & Utilities
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OWNER: er N. a ;ilma I. Pearse .::ACT _Ic:
1240 Marymounc Road
Salina. Kansas 67401
LEGAL DESCRIPTION: A parcel of land located u; _^e „oucneas: _:er
Southwest Quarter of Section Fourceen(14), To,,rnship court _..^.(1.i ante
Three(3) West of the Sixth Principal :feridian, Saline Councy, :::nsas, ...___
Particularly described as follows:
Commencing at the intersection of the West line of the 'Missouri Pacific Paread
.tight -of -Way and the North Line of Crawford Street, said North line being 30.00 feet
;forth of the South line of said Section; thence West along said North L:,e c Crar✓ford
Street and parallel with the South line of said Section a distance c, «0.00 fee::
'hence North and parallel with the West Lne of said Richt-of-Way a distance of 4.2
feet; thence East and parallel with the South line of said Section a distance of 200.00
feet to a point on the West Line of said Right -of -Way; thence South along said ;-Zest
Right -of -Way a distance of 4.25 feet to the point of beginning.
The above described parcel of land contains 850.00 square feet r..ore or less
- Right of Woy
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