85-9100 Eminent Domain(Published in The Salina Journal Septemberc�7-, 1985)
ORDINANCE NUMBER 85-9100
AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION
OF CERTAIN LAND IN THE CITY OF SALINA, SALINE COUNTY, KANSAS, FOR
THE PURPOSE OF MAKING IMPROVEMENTS FOR THE DOWNTOWN BUSINESS
DISTRICT PROJECT AUTHORIZED BY RESOLUTION NUMBER 85-3779, ALL IN
ACCORDANCE WITH K.S.A. 13-1023, 13-1374, 13-1388 AND AMENDMENTS
THERETO AND PURSUANT TO THE EMINENT DOMAIN PROCEDURES ACT,
K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS THE SAME RELATES TO
CONDEMNATION BY CITIES AND FURTHER PURSUANT TO RESOLUTION NUMBER
85-3788 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 such lands by
the City Engineer, which survey and description 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 the prior
orders and declarations of the necessity for appropriation of certain land for
public uses for making improvements to the Downtown Business District Project,
authorized by Resolution Number 85-3779, including the acquisition and
improvement of property for approximately 290 to 350 off-street parking spaces,
acquisition of property and construction of arcades and crosswalks, improvements
to streets and other facilities by landscaping and weather shelters, and relocation
and burial of utilities and other public purposes not in conflict therewith.
Section 2. That the tracts of land required to be taken for such publi
use is described in the attached exhibit designated Tracts No. 1 through 14,
inclusive.
Section 3. That the real estate described in Section 2 above and a
shown on the attached exhibit is hereby ordered condemned for the purposes
for in Section 1 above.
WHEREAS, the
Board of Commissioners of the City of
Salina, Kansas,
did on
the 17th day of
June, 1985, adopt Resolution Number
85-3788 thereby
finding
and determining it
necessary and in the public interest to
appropriate for
public
use and purposes
certain private property located in the
City of Salina,
Saline
County, Kansas,
needed for making improvements to
the Downtown
Business District Project
authorized by Resolution Number 85-3779 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 and description to be made of such lands by
the City Engineer, which survey and description 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 the prior
orders and declarations of the necessity for appropriation of certain land for
public uses for making improvements to the Downtown Business District Project,
authorized by Resolution Number 85-3779, including the acquisition and
improvement of property for approximately 290 to 350 off-street parking spaces,
acquisition of property and construction of arcades and crosswalks, improvements
to streets and other facilities by landscaping and weather shelters, and relocation
and burial of utilities and other public purposes not in conflict therewith.
Section 2. That the tracts of land required to be taken for such publi
use is described in the attached exhibit designated Tracts No. 1 through 14,
inclusive.
Section 3. That the real estate described in Section 2 above and a
shown on the attached exhibit is hereby ordered condemned for the purposes
for in Section 1 above.
Section 4.
That the City Attorney
and any attorney
employed
by said
City for said 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 and the exhibits
attached hereto pursuant to K.S.A. 13-1023, 13-1374 and 13-1388 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. That
this
ordinance shall
constitute the final
order setting
forth the condemnation of
the
land described
herein and for the
purpose for
which the same is to be used.
Section 6. That this ordinance shall be in full force and effect f.
and after its adoption and publication as provided by law.
Introduced: September 16, 1985
Passed: September 23, 1985
I r'
h erle A. Hodges, M. . , Mayor
[SEAL]
ATTEST:
A-TrkL�--)
D. L. Harrison, City Clerk
n
1)
1
ORDINANCE NO. 85-9100
EXHIBIT A
Tract No. l: Lots 91 and 93 on Seventh Street, Original Townsite,
Salina, KS.
Tract No. 2: Lot 95 and North ten feet (N 10') of Lot 97 on Seventh
Street, Original Townsite, Salina, KS.
Tract No. 3: South one-half (S 1/2) of Lot 101 and all of Lot 103
on Seventh Street, Original Townsite, Salina, KS.
Tract No. 4: South o.ne-half (S 1/2) of Lot 117 and all of Lot 119
on Seventh Street, Original Townsite, Salina, KS.
Tract No. 5: Lot 121, less the South nine feet eleven inches
(S 9' 11") thereof, on Seventh Street, Original Townsite, Salina,
KS.
Tract No. 6: Lot 123 on Seventh Street, Original Townsite, Salina,
KS.
Tract No. 7: South ten feet (S 10') of Lot 131 and all of Lots
133 and 135 on Seventh Street, Original Townsite, Salina, KS.
Tract No. 8: Lot 122on Fifth Street, Original Townsite, Salin.
Tract No. 9: Lot 130 and the North one-half (N 1/2) of Lot 132 on
Fifth Street, Original Townsite, Salina, KS.
Tract No. 10: South one-half (S 1/2) of Lot 132 and the North one-
half (N 1/2) of Lot 134 on Fifth Street, Original Townsite, Salina,
KS.
Tract No. 11: South twenty feet (S 20') of Lot 95 on Santa Fe Ave.,
Original Townsite, Salina, KS.
Tract No. 12: South one-half (S 1/2) of Lot 121 and the South thir-
teen feet (S 13') of the North one-half (N 1/2) of Lot 121 on Santa
Fe Ave., Original Townsite, Salina, KS.
Tract No. 13: Lot 124 on Santa Fe Ave., Original Townsite, Salina
KS.
Tract No. 14: South twenty-eight and one-half feet (S 28 1/2') of
the North forty-two feet (N 42') of Lot 152 on Santa Fe Ave., Original
Townsite, Salina, KS.