84-9018 Eminent DomainORDINANCE NUMBER 84-9018
SAL! -
( Published in The Salina Journal 1984)
AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION
OF CERTAIN LAND IN SALINE COUNTY, KANSAS, FOR MAKING IMPROVEMENTS
TO THE INTERSECTION OF BROADWAY BOULEVARD AND STATE STREET, ALL
AS AUTHORIZED BY K.S.A. 13-1023 AND K.S.A. 26-201, AND PURSUANT
TO THE EMINENT DOMAIN PROCEDURE ACT, K.S.A CHAPTER 26, ARTICLE 5,
AND AMENDMENTS THERETO, AS THE SAME RELATES TO CONCEMNATION BY
CITIES AND FURTHER PURSUANT TO RESOLUTION NUMBER 84-3700 OF THE
CITY OF SALINA, KANSAS.
WHEREAS, the Governing Body of the City of Salina, Kansas, did on
the 26th day of March, 1984, adopt Resolution Number 84-3700 whereby 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 intersection of
Broadway Boulevard and State Street, and all other public purposes now or
hereafter required by said City and not in conflict therewith; and,
WHEREAS, the Governing Body 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 Governing Body hereby reaffirms all of its prior
orders and declarations of the necessity for appropriation of certain lands for
public use for making improvements to the intersection of Broadway Boulevard
and State Street, and all other public purposes not in conflict therewith.
The interest to be taken in the land to be condemned shall be a permanent
easement in Tracts No. 1 through 11 , inclusive, and a temporary construction
easement in Tracts No. 12 through 18, inclusive.
Section 2. That the land required to be taken for such public use is
described as follows:
Permanent easement for right-of-way in the following tracts:
Tract Number 1. The West five feet (W 5') of the South
fifteen feet X15') of Lot Eight (8) in Block Six (6)
of Elmdale Addition to the City of Salina, Saline County,
Kansas. Containing 75.0 square feet, more or less.
Tract Number 2. The West five feet (W 5') of the North
ten feet 10' of Lot One (1 ) in Block Three (3) of
Leavenworth Addition to the City of Salina, Saline County,
Kansas. Containing 50 square feet, more or less.
Tract Number 3. The East five feet (E 5') of the North
seventy-two feet (N 72') of Lot Three (3) in Block Five
(5) of Elmdale Addition to the City of Salina, Saline County,
Kansas. Containing 360 square feet, more or less.
Tract Number 4. The East five feet (E 51) of the South
one hundred eight feet (S 1081) of Lot Three (3) in Block
Five (5) , plus the East five feet (E 5') of the North
one-half (NJ) of the vacated alley adjacent to the south
side of said Lot Three (3) , all in Elmdale Addition to the
City of Salina, Saline County, Kansas. Containing 585
square feet, more or less.
Tract Number 5. The East ten feet (E 10') of the South
ten feet 10 and the East five feet (E 51) of the
North one hundred seventy feet (N 1701) of Lot Six (6)
in Block Five (5), plus the East five feet (E 51) of the
South one-half (SJ) of the vacated alley adjacent to the
north side of said Lot Six (6), all in Elmdale Addition
to the City of Salina, Saline County, Kansas. Containing
995 square feet, more or less.
Tract Number 6. The East ten feet (E 101) of the North
twenty feet 20') and the East five feet (E 5') of the
South Thirty-two and one-half feet (32.51) of Lot One
(1) in Block Two (2) of Leavenworth Addition to the City
of Salina, Saline County, Kansas. Containing 362.5
square feet, more or less.
Tract Number 7. The East five feet (E 51) of Lot Two (2)
in Block Two 2) of Leavenworth Addition to the City of
Salina, Saline County, Kansas. Containing 250 square
feet, more or less.
Tract Number 8. The East five feet (E 51) of Lot Three (3)
in Block Two 2) of Leavenworth Addition to the City of
Salina, Saline County, Kansas. Containing 250 square
feet, more or less.
Tract Number 9. The East five feet (E 51) of Lot Four (4)
in Block Two D) of Leavenworth Addition to the City of
Salina, Saline County, Kansas. Containing 250 square
feet, more or less.
Tract Number 10. The East five feet (E 51) of Lot Five
5 in Block Two (2) of Leavenworth Addition to the City
of Salina, Saline County, Kansas. Containing 250 square
feet, more or less.
Tract Number 11. The East five feet (E 5') of Lot Six
(6) in Block Two (2) of Leavenworth Addition to the City
of Salina, Saline County, Kansas. Containing 250 square
feet, more or less.
Temporary construction easement in the following tracts.
Tract Number 12. The West five feet (W 5') of the East
ten feet E 10' of the South one hundred one feet (S 1011)
of Lot Three (3) in Block Five (5), plus the West five
feet (W 51) of the East ten feet (E 101) of the vacated
alley adjacent to the south side of said Lot Three (3) ,
all in Elmdale Addition to the City of Salina, Saline County,
Kansas. Containing 550 square feet, more or less.
Tract Number 14. The West five feet (W 5') of the East
fifteen feet 15') of the North twenty-five feet
(N 251) and the West five feet (W 51) of the East ten
feet (E 101) of the South thirty-two and one-half feet
(S 32.51) of Lot One (1) in Block Two (2) of Leavenworth
Addition to the City of Salina, Saline County, Kansas.
Containing 287.5 square feet, more or less.
Tract Number 13. The West five feet (W 51) of the East
fifteen feet (E 151) of the South fifteen feet (S 15' )
and the West five feet (W 51) of the East ten feet
(E 10') of the North one hundred seventy feet (N 170' )
of Lot Six (6) in Block Five (5), plus the West five
feet (W 5') of the East ten feet (E 10') of the South
one-half (SJ) of the vacated alley adjacent to the
north side of said Lot Six (6), all in Elmdale Addition
to the City of Salina, Saline County, Kansas. Containing
970 square feet, more or less.
Tract Number 14. The West five feet (W 5') of the East
fifteen feet 15') of the North twenty-five feet
(N 251) and the West five feet (W 51) of the East ten
feet (E 101) of the South thirty-two and one-half feet
(S 32.51) of Lot One (1) in Block Two (2) of Leavenworth
Addition to the City of Salina, Saline County, Kansas.
Containing 287.5 square feet, more or less.
Tract Number 15. The West five feet (W 5') of the East
ten feet E 10' of Lot Two (2) in Block Two (2) of
Leavenworth Addition to the City of Salina, Saline
County, Kansas. Containing 250 square feet, more or
less.
Tract Number 16. The West five feet (W 51) of the East
ten feet 10 of Lot Three (3) in Block Two (2) of
Leavenworth Addition to the City of Salina, Saline
County, Kansas. Containing 250 square feet, more or less.
Tract Number 17. The West five feet (W 51) of the East
ten feet E 10 of Lot Four (4) in Block Two (2) of
Leavenworth Addition to the City of Salina, Saline
County, Kansas. Containing 250 square feet, more or less.
Tract Number 18. The West five feet (W 51) of the East
ten feet 10 of the North thirty-seven and one-half
feet (37.5') of Lot Five (5) in Block Two (2) of
Leavenworth Addition to the City of Salina, Saline
County, Kansas. Containing 187.5 square feet, more or less.
Section 3. That 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 said
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,
Article 5, and amendments thereto, and to do all that is necessary for the
condemnation and acquisition of said lands for said public purposes and
improvement.
Section S. This ordinance shall constitute the final order setting
forth the condemnation of the land described herein and the purpose for which
the same is to be used.
Section 6. This ordinance shall be in full force and effect after its
passage and publication as provided by law.
Introduced: April 2, 1984
Passed: April 9, 1984
Qa"14) -7 Wta'4'1"Cj
o n urg ss Mayor
[SEAL]
ATTEST:
q�
arrison, City Clerk