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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.