87-9216 Eminent Domain(Published in The Salina Journal October o- , 1987)
ORDINANCE NUMBER 87-9216
AN ORDINANCE ORDERING THE CONDEMNATION AND
APPROPRIATION OF CERTAIN LAND IN SALINE COUNTY, KANSAS, FOR
PERMANENT AND ACCESS EASEMENTS FOR THE USE OF THE CITY OF SALINA,
KANSAS, FOR THE PURPOSE OF DRILLING, INSTALLING, MONITORING, AND
MAINTAINING AN OBSERVATION WELL ON CERTAIN PROPERTY IN SALINE
COUNTY, ALL AS AUTHORIZED BY K.S.A. 13-1023, AND AMENDMENTS
THERETO, AND PURSUANT TO THE EMINENT DOMAIN PROCEDURE ACT,
K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS THE SAME RELATES TO
CONDEMNATION BY CITIES AND FURTHER PURSUANT TO RESOLUTION
NUMBER 87-3912 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
did on the 14th day of September, 1987, adopt Resolution Number 87-3912,
thereby finding and determining it necessary and in the public interest to
appropriate for public use and purposes certain private property located in
Saline County, Kansas, needed for permanent and access easements for the use
of the City of Salina, Kansas, for the purpose of drilling, installing, monitoring,
and maintaining an observation well, and all other public purposes now or
hereafter required by said City and not in conflict therewith; and,
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
has heretofore authorized a survey to be made of such lands by the City
Engineer, which said survey has been filed with the City Clerk, SO NOW,
THEREFORE
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That the Board of Commissioners hereby reaffirms all of its
prior orders and declarations of the necessity for appropriation of certain lands
for public use for the purpose of drilling, installing, monitoring, and maintaining
an observation well on certain property in Saline County, Kansas, and all other
public purposes not in conflict therewith.
Section 2. That the interest required to be taken for such public use
are described as follows:
Tract Number 1.
A permanent easement located in Lots Eleven (11) and
Twelve (12) , Planned Development District of Lot One (1) ,
Block One (1) , of Holmquist Estates Addition to the City of
Salina, Saline County, Kansas, more particularly described
as follows:
Commencing at the southeast corner of said Lot Eleven (11);
Thence westerly along the south line of said Lot Eleven (11)
and north line of said Lot Twelve (12) on an assumed
bearing of S800391W a distance of 170.00 feet to the point of
beginning;
Thence S090211E perpendicular to said Lot line a distance of
10.00 feet;
Thence S80°39'W parallel with said lot line a distance of
20.00 feet;
Thence N09121'W perpendicular to said lot line a distance of
20.00 feet;
Thence N80°39'E parallel with said lot line a distance of 20
feet;
Thence S09121'E perpendicular to said lot line a distance of
10.00 feet back to the point of beginning.
Tract Number 2.
An easement for access located in Lots Eleven (11) and
Twelve (12) , Planned Development District of Lot One (1) ,
Block One (1) of Holmquist Estates Addition to the City of
Salina, Saline County, Kansas, more particularly described
as follows:
Commencing at the southeast corner of said Lot Eleven (11);
thence westerly along the south line of said Lot Eleven (11 )
and the north line of said Lot Twelve (12) on an assumed
bearing of S8011391W a distance of 170.00 feet to the point of
beginning;
Thence S091211E perpendicular to said lot line a distance of
10.00 feet;
Thence S801391W parallel with said lot line a distance of
20.00 feet;
Thence N09121'W a distance of 20.00 feet;
Thence N801391E parallel with said lot line a distance of
20.00 feet;
Thence S090211E perpendicular to said lot line a distance of
10.00 feet back to the point of beginning.
Section 3. The real estate described in Section 2 above is hereby
ordered condemned for the purpose as set forth in Section 1 above.
Section 4. That the City Attorney and any attorney employed by the
City for such purposes, is hereby directed and authorized to file a verified
petition in the District Court of Saline County, Kansas, for the condemnation
and appropriation of the land described in Section 2 of this ordinance pursuant
to K.S.A. 13-1023 and the Eminent Domain Proceedings Act, K.S.A. Chapter
26, and amendments thereto, and to do all that is necessary for the
condemnation and acquisition of said lands for said public purposes and
improvements.
Section 5. This ordinance shall constitute the final order setting forth
the condemnation of the land described and the purpose for which the same 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.
Introduced: September 21, 1987
1
[SEAL]
ATTEST:
Robert K. Biles, City Clerk
1
Passed: September 28, 1987
Stephen C. Ryan, Mayor