1470 Eminent Domain - Fifth Street(Published in the Salina Evening Journal , 1909.)
OE D INANCE NO .
An ordinance providing for the condemnation and appropriation of certain
real estate in the city of Salina, Kansas, for the purpose of
opening and extending Fifth street and the alley immediately west
of said Fifth street from Qtheir;present terminf in and between
Blocks 27'and 28, .in,Hutchinson's,additiori to said city, north to
intersect with'Bond street, in said city; establishing a benefit
district to pay for the same, and providing for the Itppointment of
appraisers therefor and prescribing their duties.
Be it ordained by the Mayor and Councilmen of the city of Salina: --
Section 1• It is hereby declared necessary to condemn and appro-
priate for public use, for the purpose of opening and extending Fifth
street, in Hutchinson's addition, in the city of Salina, north from its
present terminus between Blocks,27 and 281 in said Hutchinson's addition,
to connect and intersect with'.Bond street running east and west and at
right angles with said Fifth street; and for the purpose of opening and
extending the twelve foot alley in said Block 27,-Hutchinson's addition,
north from its present terminus in said Block 27, said Hutchinson's
addition, to connect and intersect with Bond street running east and- ,
west and at right angles with such alley, all the desdribed pieces of
land situate in the city of Salina, Saline county, Kansas, to -wit: COM-
mencing at the northeast corner of Lot 3, Block 27, Hutchinson's addi-
tion, running thence directly north 148 feet to the south line of Bond
street, thence east on said south line of Bond street sixty-six (66)
feet, thence south from said last named point 148 feet WAhe northwest
corner of Lot No. 1, Block 28, Hutchineorfts addition, thence west to the
place of beginning, being a prieoe of ground 66 by 148 feet in size; and,
commencing at the northeast corner of Lot 1, Block 27, Hutchinson's addi-
tion, running themee north 148 feet to a point on Bond street directly
north of said northeast corner of Lot 1, Block 27, thence east on the
south line of Bond street 12 feet, thence south 148 feet to the north-
west corner of Lot 3, Block 27, thence west to the place of beginning, bet
being a piece of ground 12 by 148 feet'in size.
is
Sec. 2. For the purpose of providing a fund to pay for the condem-
nation and appropriation of said land, as aforesaid, a benefit district
is hereby created and established,.including all lots and pieces of
ground contained in the unplatted ground and those portions of Hutchinson�3
and Sunnyside additions bounded by Bond street on the north, the right of
way of the Union Pacific railroad on the east, Republic avenue on the
south and Santa Fe.avenue on the west.
See. 3. The mayor, by and with the consent of the council, shall
appoint three disinterested householders as appraisers, who shall qualify
and proceed as required by law to give notice and assess the damages
caused by the condemnation and appropriation of said lands for said street)
and alley; they shall ascertain the actual value of the lands proposed
to be taken, without reference to the projected improvements and the
actual damage done to all.other property.thereby. For the payment of
such value and damges said appraisers or householders shall assess the
damages against the lots and pieces of ground within such benefit dis-
tract, which shall, in the opinion of said appraisers, be especially
benefitted by the opening of said,street and alley, in proportion to the
benefit derived by each by the opening and extending of said street and
alley as herein provided. The said appraisers or householders shall report
to the mayor and council their proceedings in all things as provided by
law and shall, upon completion of thdir report, ,file the same with the
city clerk.
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Sec. 4. This ordinance shall take effect and -be in force from and
after its publication once in the Salina Evening Journal.
Passed and approved1909.
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Attest:Vey
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erk.