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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