89-9366 Eminent Domain1
(Published in The Salina Journal DecemberoZp�, 1989)
ORDINANCE NUMBER 89-9366
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
OF CERTAIN RIGHT-OF-WAY, PERMANENT EASEMENTS, AND TEMPORARY
CONSTRUCTION EASEMENTS, FOR THE USE OF THE CITY OF SALINA,
KANSAS, FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, REPAIRING,
REPLACING, AND MAINTAINING PUBLIC STREET IMPROVEMENTS, PUBLIC
UTILITIES, PUBLIC SIDEWALK AND STREET SIGNAGE IN PERPETUITY, IN
CONJUNCTION WITH THE NINTH STREET AND CRAWFORD AVENUE
INTERSECTION IMPROVEMENT PROJECT (Engineering Project 89-796),
PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS THE
SAME RELATES TO CONDEMNATION BY CITIES AND FURTHER PURSUANT TO
RESOLUTION NUMBER 89-4147 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
has heretofore authorized a survey and description to be made of certain
interests in real estate to be acquired by the City conjunction with the Ninth
Street and Crawford Avenue Intersection Improvement Project (Engineering
Project 89-796) for the purposes of constructing, installing, repairing,
replacing, and maintaining public street, public utilities, public sidewalk, and
street signage in perpetuity; which survey and description has been filed with
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 interests
in real estate in conjunction with the Ninth Street and Crawford Avenue
Intersection Improvement Project (Engineering Project 89-796) for the purpose of
constructing, installing, repairing, replacing, and maintaining public street
improvements, public utilities, public sidewalk, and street signage in perpetuity.
Section 2. That the right-of-way, permanent easements, and
temporary construction easements required to be taken for such public use are
described in the Certificate of Engineer prepared by the Office of the City
Engineer and filed with the City Clerk pursuant to K.S.A. 26-201, are as listed
on attached Exhibit A.
Section 3. That the right-of-way, and permanent easements, and
temporary construction easements described in attached Exhibit A are hereby
ordered condemned for the purposes set forth in Section 1 above.
Section 4. That the City Attorney is hereby directed and authorized
to file a verified petition in the District Court of Saline County, Kansas, for the
condemnation and acquisition of the right-of-way, permanent easements, and
temporary construction easements described in attached Exhibit A pursuant to
Chapter 26, and amendments thereto, as the same relates to condemnation by
cities, and to do all that is necessary for the condemnation and acquisition of
K,11 C1. P—t,ng — Salina. Kansas
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the right-of-way permanent easements, and temporary construction easements for
said public purposes.
Section 5. That this ordinance shall constitute the final order setting
forth the condemnation of the right-of-way, permanent easements, and temporary
construction easements described herein and for the purpose for which the same
are to be used.
Section 6. That this ordinance shall be in full force and effect from
and after its adoption and publication as provided by law.
Introduced: December 11 , 1989
Passed: December 18, 1989
[SEAL]
ATTEST:
A 0'��' S Lt" V1 -j
Jacquel5ne Shiever, City Clerk
ep Warner, Mayor