Wilson Ordinance to Condemn Property for Easement
(First Published in the Ellsworth County Independent/
Reporter, March 17, 2022)
ORDINANCE NO. 863
AN ORDINANCE AUTHORIZING AND
PROVIDING FOR THE ACQUISITION OF A
PERMANENT EASEMENT BY CONDEMNATION
TO PROVIDE PUBLIC ACCESS TO CITY PROPERTIES IN WILSON, ELLSWORTH COUNTY, KANSAS
WHEREAS, K.S.A. 26-201 authorizes a city to acquire by condemnation any interest in real property;
WHEREAS, the Governing Body of the City of Wilson, Kansas did by Resolution No. 4-2022, declare the necessity for, and authorize a survey and description of lands or interests therein to be acquired by the City;
WHEREAS, said survey and description were prepared and have been filed with the City Clerk at the Wilson City Hall.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WILSON, KANSAS:
SECTION 1. It is hereby declared to be a public necessity to acquire a Permanent Easement by eminent domain from real estate located within the City of Wilson, Kansas. The purpose of this acquisition is to provide public access to city properties. It is hereby authorized and provided that the following real estate interest hereafter described be acquired, to wit:
A Permanent Easement in and to the
following real estate:
Tract 1 Legal Description:
City Hall Tract 1 – Part of Lot 4 Block 1 City of
Wilson (Original and Bosland Addition)
This is a portion of the property described
in Deed Book 95 Pages 4 & 5, recorded in the
Ellsworth County Register of Deeds,
Ellsworth County, Kansas. Tract 1 is the part
of said property which is in Lot 4 Block 1 City
of Wilson (Original and Bosland Addition)
in Ellsworth County, Kansas, described here
with bearings based on the Kansas State
Plane North Zone as follows:
Commencing at the southwest corner of
said Lot 4 Block 1; thence N12°13’21”E, along
the west line of said Lot 4, and parallel to the
west line of said Block 1, a distance of 100.52
feet to a point which is the southwest
corner of the portion of the property
described in above said deed which is in
said Lot 4, and also being the Point of
Beginning, thence S77°59’36”E, parallel to
the south line of said Block 1 and along the
south line (in Lot 4) of the said parcel in said
Book 95, a distance of 23.00 feet;
thence N12°13’21”E, parallel to the west line
of said Lot 4, along the east side of said
parcel in said Book 95, a distance of 118.56
feet to a point on the north line of said Lot
4 Block 1; thence N89°29’53”W, along said
north line, a distance of 23.49 feet to the west
line of said Lot 4; thence S12°13’21”W, along
the said west line of Lot 4 and the west line
of said property in Deed Book 95 which is in
Lot 4, a distance of 113.87 feet, to the Point of
Beginning.
Tract 1 contains 2,673 square feet (0.061
acres), more or less, and is subject to all
existing rights of way and easements.
Tract 2 Legal Description:
City Hall Tract 2 – Part of Lot 4 Block 1 City of
Wilson (Original and Bosland Addition)
Commencing at the southwest corner of Lot
4 Block 1 City of Wilson (Original and
Bosland) in Ellsworth County, Kansas;
thence N12°13’21”E, (with bearings based on
the Kansas State Plane – North Zone) along
the west line of said Lot 4, and west line of a
parcel owned by the City of Wilson which is
recorded in the Ellsworth County Register
of Deeds, Ellsworth County, Kansas
described in Book 42 Pages 389-390 a
distance of 26.31 feet (26.17 feet deed), to
the northwest corner thereof, also being
the Point of Beginning; thence N12°13’21
”E, continuing along the west line of said Lot 4,
a distance of 74.22 (73.83 deed) feet to
the southwest corner of that portion of the
parcel described in Deed Book 95 Pages 4
& 5, recorded in the Ellsworth County
Register of Deeds, Ellsworth County,
Kansas which is in said Lot 4; thence S77°59’36
”E, along the south line of that portion
described in said Deed Book 95, also being
parallel to the south line of said Block 1, a
distance of 23.00 feet; thence N12°13’21”E,
along the east line of said parcel and parallel
to the west line of said Block 1, a distance
of 118.56 feet to a point on the north line of
said Lot 4 being the northeast corner of
said previously described parcel;
thence S89°29’53”E, along the north line of
said Lot 4 a distance of 27.57 feet to the
northeast corner thereof; thence S12°13’21
”W, along the east line of said Lot 4 and
parallel to the west line of said Block 1, a
distance of 124.72 feet; thence S52°35’03”W,
a distance of 41.22 feet; thence S13°58’57”W,
a distance of 42.26 feet to the northeast
corner of a previously described parcel owned
by the City of Wilson described in said Book
42 Pages 389-390; thence N77°59’36”W,
parallel to the south line of said Lot 4 Block
1, along the north line of said parcel, a distance
of 22.00 feet to the Point of Beginning.
Tract 2, thus described, contains 5,412
Square Feet or 0.124 Acres, more or less, all
of which is in said Lot 4 Block 1, and is subject
to all applicable easements and rights of way.
SECTION 2. For the purposes of this Ordinance and any corresponding Petition, the term “Permanent Easement” shall mean:
“A permanent and perpetual non-exclusive easement without expiration, over, across, upon and under the surface of the described land.”
SECTION 3. The City Attorney is hereby authorized and directed to commence eminent domain proceedings in accordance with K.S.A. 26-501 et seq. in the District Court of Ellsworth County, Kansas, and condemn the described interest in the said land for the appropriation of said Permanent Easement, and for the determination of the compensation to be awarded for the taking thereof.
SECTION 4. This Ordinance shall take effect and be in force from and after its publication in the Ellsworth County Independent/Reporter.
PASSED AND ADOPTED this 7th of March, 2022.
MICHAEL PESCHKA, Mayor
Attest:
SUSAN KRILEY, City Clerk
1t 3/17