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714 Eminent Domain Olive Street(iublished ixr_ _.RRSPUTIO° eev m 1�7alina rnerthe j A RESOLUTION relating to and providing for the appropriation and condemnation of -certain private property in the City of Salina, Kansas, for the purpose of widening certain portions of l 4 ive Streets anal of the Highway extending northerly there- . from, in- said. city, and such street and highway as extend- ed,, to permit the construdti.en thereon of a viaduct or overpass over and across certain railroad tracks -which oross certain portions of said street and. highway, and , the same as extended and the necessary approaches there- to and the necessary fills, abutments and other appurte- nanoes required and necessary, in 'connection therewith, and designating a benefit district, and providing for the ap- pointment of commissioners to amke an apprais em.ent of the value of lands taken and to assess damages therefor and to assess against the city at -large the amount of the benefit, if any, to the public generally, by mason thereof, and to assess against the property in said benefit district the cost of such condemnation except that portion thereof assessed against the -city at large. ,REAS# pursuant to the provisions of Resolution No* 708, the City Engineer of the City of Salina has made and filed In the office of the City Clerk a survey and description of the lands necessary to be appropriated for the purposes set forth in said resolution, which survey and description has been presented to and examined by the Beard of Commission- ers, and said Board deems it 'necessary to appropriate the lands described therein for the purposes set forth in said Resolution No. 708, and IF..ERS' in the opinion of the governing body- of said city certain property will be benefited by such proposed improve- ments and the benefit district to include the property espeoi- ally benefited should be fixed, and commissioners to appraise the value of the lands to be taken and to assess damages therefor, and to assess benefits against the property in said benefit district especially benefited by such proposed improvements., should be appointed as provided by° lag`s NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the City of Salina, Kansas: gection 1. That the following described tracts or parcels of land in the City of Salinas Kansas be and the same are hereby appropriated and condemned for the purpose of widening a por- tion of Olive Street in the said city, and of the highway ex- tending northerly from, the northerly end of Olive Street in said city, as such highway was opened and created pursuant to the provisions of Resolution No. 665 and Resolution. No. 669 of said city, for the purpose of and to such extent as may be necessary to permit the construction thereon of a viaduct or over pass, with the necessary approaches thereto and the neces- sary fills, abutments and other appurtenances required and neces- sary in connection therewith, such viaduct or overpass to be constructed over and across certain railroad tracks of the Union Pacific Railroad Company and the Atchison., Topeka and Santa Fe Railroad Company, where such tracks and the rights-of- way of said railroad companies cross Olive Street and the LJ n All of lots 1, 2, 8 and 9 in Block S. Elmdale Addition; All of lots 1, 2, 3i 4 and 5 in. Bleck 9,.E],mdale Addition; All -of lots 2 and 7 in Block 110 Chicago Addition. _ Section 2.. That all of the following described private property • in the City of Salixaa, Kansas , is and will be in the opinion of the Board ' of Commissioners of the "City of Salina be especially benefited by the appropriation and condimmation, of the lands described in Section 1 of this Resolution for the i purposes therein set forth and that said private.property next j hereinafter described is hereby described and constituted as a benefit. district. against which the casts . of .mLid condemnation s o h ulde b assessed except.such portion of said cost as may be assessed against the 'City at large on account of the benefits, If any,, to the public generally, by reason thereof, and the private property which in the opinion of the Board of Commission- ers is and will be especially benefited and.which. is hereby fixed and constituted as a benefit district for such purposes is as follows 1. Mainline right -of --way of Union PacifieRailroad Company., 10 feet gide# from west city limits at Dry Creek to the.west line of Twelfth Street. (Union. Pacific Railroad Company) 2, Right-of-way and property of Atchison) Topeka and Santa.Fe Railroad Company, (including rights-of-way originally acquired. by Chicago, Kansas & Western Railway Company and. Salina Northern Railroad Company) from the west city limits at Dry Creek'to. the gest line of Twelfth. Street, and including all or parts of Lots 10.,,120-14 and 16 on Fourteenth Street, Lots 2, 40 60.7, 8#, 9, 11, and 13 on Fifteenth Street, Lots 30 5 and 7 on Sixteenth Streets, and part of Reserve, in Weaver's 2nd Addition Lots 1# 2, 39 4, 50 60 7, and 8. Block log Lots 1 and 13, inclusive, in -Block 16,.and Park No. 1 in'Elmdale Addition. (Atchison, Topeka & Santa fe Railroad Company)+ 30 Lot 1, Block 1, Chicago Addition, -(except that part hereto- fore a PiPropriated)o Otis W. Kouns. 4. Lots 5, 6, 7 and 8, (except that part of said lots hereto- fore appropriated) and Lot 90 Block 1, Chicago Addition. (Butzer Packing Company) -5. Lot 10* (except that part heretofore appropriated) Block 1, Chicago Addition. (Leila Madge Koons). 6, All of Lots 1 to 160 inclusive (except that part of Lots 1 and 3 heretofore appropriated) in Block 2# Chicago Addition., (Butter Packin=g Company)* a 7. Lots 1, :.3, 5, 70 9, 112 13 and 15# in Black -3, Chicago Addition* (Butter Packing Company). Be Lots 2 4, 6, 8, 10, 12, 14 and 162 Block 3 Chicago Addi- tion. (Union Pacific Railroad Company - Union 'acific, Lincoln 111 and Colorado Railway Company)* 9. Lots 1, 2'30 4, 5, 7 and. 14, Black 4, Chicago Addition.. ( Buz t er Packing Company) . 10. -Lots 6 and 80.Block 41v Chicago Addition( H. H. Sudendorf) Lots 9, llt 130 14' 15, 16, 17, 18, 19,,20, 21, 22 and 2. Buck 4, Chicago Addition., (Union Pacific: Railroad Company- Union Pacific, Lincoln and Colorado Railway Company). 12. Lots 1 to 21 inclusivet Black 7, Chicago Addition. (Butzer Packign Company) 13. Lots 1 to 11 inclusive, and Lots 13 and 15, Bleck 8, Chicago', Addition* (Butzer Packing C0mpan7). 140 Lots l0, 12 and 140 Block 8 Chicago A ddition. (Union Pacific Railroad Company Union Pacific, Lincoln & Colorado Railway Company)_ 15. Lets 1, 3,(Un-4, 5, 6, 7, 8 and 9, Block 9, 'Block 9, Chica- go Addition. ion Pacific Railroad Company - Union Pacific, Lincoln & Colorado Railway Company)e. 16• Lot 2, Block 9, Chica go Addition. (H.H.F. Sudendorf) 17. Lots 1, 2* 3, 49 5 and 6, (except part of Lot 6! heretofore _ appropriated) in Black 14:t Chicago Addition (Butter Packing Company) 18 Lots 3, 40' 50 8, 9 and 10, Black lls Chicago Addition.. (Butzer Packing Company). 19 Part of Lot 8, Lots 9, 10 and 1l, Block 14, and part of Park No, 1, Elmdale Addition (Eugene 4,. Johnson.) 20. Lots 12, 13 and 141, and'part of Lots 5, 6 and 7, in Black 14, Elmdale Addition. (M R. madden). 21, Lots 1, 2 and 3 Block 5. Elmdale Addition. (Henrietta Go `Punn.ell and Edna . Louis a Abrams . Tunnell ) 22 . Lots 4, 5 and. 6, Block. 5, Elmdale Addition, (Eugene C4, Flaherty and Kary C.. Flaherty)* 23.. Lots 1 and 21 Black 60 Elmdals Addition (Various Owners), 24. Lots 8 and 9, Block 6, Elmdale Addition (Various owners) 25e Lots 1 and 2, Black 2, Leavenworth A.ddition..M. E. Carter) 26. Lots 3 Block 2, Leavenworth Addition (Security Mutual Life insurance Company) *. 4 27, Lots 4 and 50 Block 2, Leavenworth Addition. (Planters State Bank)* Lot 28, Lest 6, Block 20 Leavenworth Addition. (V. V. VanCleef ) 29. Lot : 1, Block 30 Leavenworth Addition* (Rose Q iShea, J. _ J. Beel- Phillips Petrolerm Company). 30, Lot 30, Block 3,9 Leavenworth Addition. (Madeline Nelson.) 31, Leet 5, Block 3, Leavenworth Addition (Planters State Bank) (Homestead Bldg. Loan 3 s : 2. Lot 7 Block 3 Leavenworth Addition & Assesciation.) I W 40, Lot 1, Block 12, Leavenworth Addition* (Ho L. Richards) 410 Lots 9 and 10,, Blook-12.*.Leavenworth Addition, (H. Co Smither,': Paul ftither., Planters State Bank) Section 3* That the City Attorne7 of the City of Salina be and he is hereby authorized and dirdeted after this Resolution takes effect to present a written application to the Judge of the District Court of Saline County., Kansas,, describing the lands eon- demned and appropriated as provided for in this resolution and setting out the benefit district as fixed and designated In this resolution and to request the appointment of three commissioners to appraise the value of the lands taken to assess damages there - for and to assess against the city at large the amount of bene- fits if any, to the public generally# by reason thereof, and to assess against the property In aid benefit district the cost of such condemnation except that portion thereof assessed against the city at large as provided by law* Section 4,t This resolution shall take effect and be in force from and after its publication in the official city paper* Introduced, November 5,, 1937 Passed, (SEAL) Attest: November 8., 1937 Chas I Eo Banker City Clerk Ed MorSenstern I Mayor 74 Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Resolution Number 714 gassed and approved by the Board of Commissioners November B, 1937. Gz��- z_ City Clerk