88-9255 Eminent Domain1
(Published in The Salina Journal June �, 1988)
ORDINANCE NUMBER 88-9255
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
OF CERTAIN PERMANENT EASEMENTS FOR THE USE OF THE CITY OF SALINA,
KANSAS, FOR THE PURPOSE OF INSTALLING, REPAIRING, REPLACING, AND
MAINTAINING PUBLIC UTILITIES AND PUBLIC SIDEWALK IN PERPETUITY IN
CONJUNCTION WITH THE IRON AVENUE AND OHIO STREET INTERSECTION
IMPROVEMENT PROJECT, PURSUANT TO K.S.A. CHAPTER 26, AND
AMENDMENTS THERETO, AS THE SAME RELATES TO CONDEMNATION BY
CITIES AND FURTHER PURSUANT TO RESOLUTION NUMBER 88-3979 OF THE
CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
did on the 6th day of June, 1988, adopt Resolution Number 88-3979 thereby
finding and determining it necessary to acquire certain permanent easements
located at the Iron Avenue and Ohio Street intersection for the purposes of
installing, repairing, replacing, and maintaining public utilities and public
sidewalk, in perpetuity; and
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
has heretofore authorized a survey and description to be made of such easements
by the City Engineer, which survey and description has been filed with the
City, 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 the
prior orders and declarations of the necessity for acquisition of certain
permanent easements located at the Iron Avenue and Ohio Street intersection for
the purpose of installing, repairing, replacing, and maintaining public utilities
and public sidewalk, in perpetuity.
Section 2. That the permanent 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, and are as follows:
A permanent easement for public utility and sidewalk
purposes in, through, over, and across the following tracts:
Tract No. 10
The West five (5) feet of the South fifty (50) feet of Lot
One (1), Block One (1), Fruitland Addition to the City of
Salina, Saline County, Kansas, containing 250 square feet,
more or less.
Tract No. 12
The West five (5) feet of the North fifty (50) feet of Lot
One (1) , Block One (1) , Fruitland Addition to the City of
Salina, Saline County, Kansas, containing 250 square feet,
more or less.
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Section 3. That the permanent easements described in Section 2 above
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 permanent easements described in Section 2
of this ordinance 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 the permanent easements for said public
purpose.
Section 5. That this ordinance shall constitute the final order setting
forth the condemnation of the permanent 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: June 13, 1988
[SEAL]
ATTEST:
obert K. Biles, City Clerk
Passed: June 20, 1988
ydnefSodeerbe Mayor