82-8901 Eminent DomainORDINANCE NUMBER 82-8901
(Published in The Salina Journal URL4L -I , 1982)
AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATON OF CERTAIN
LAND IN SALINE COUNTY, KANSAS, FOR CONSTRUCTION OF A STORM WATER DRAINAGE
SYSTEM, AND DETERMINING THE PROPERTY WHICH WILL BE SPECIALLY BENEFITED BY SAID
IMPROVEMENTS, ALL AS AUTHORIZED BY K.S.A. 13-1023, AND AMENDMENTS THERETO, AND
PURSUANT TO THE EMINENT DOMAIN PROCEDURE ACT, K.S.A. CHAPTER 26, AND AMENDMENTS
THERETO, AS THE SAME RELATES TO CONDEMNATION BY CITIES AND FURTHER PURSUANT TO
RESOLUTION NUMBER 82-3581 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas, did
on the 15th day of March, 1982, adopt Resolution Number 82-3581 thereby finding
and determining it necessary and in the public interest to appropriate for
public use and purposes certain private property located in Saline County,
Kansas, needed for the construction of a storm water drainage system, 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 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 Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the Board of Commissioners hereby reaffirms all of
its prior orders and declarations of the necessity for appropriation of certain
lands for public use for construction of a storm water drainage system, and all
other public purposes not in conflict therewith. The interest be taken in the
subject tracts to be condemned shall be a permanent easement.
Section 2. That the following land is required to be taken for the
construction of a drainage ditch for said storm water drainage system:
A tract of land located in the South Half of the North
Half (S/2 N/2) of Section Thirty-one (31), Township Fourteen
(14) South, Range Two (2) West of the Sixth Principal
Meridian in Saline County, Kansas, being more particularly
described as follows:
Beginning at a point on the north line of the South
Half of the North Half (S/2 N/2) of said Section Thirty-one
(31), that is 2,900.00 feet east of the northwest corner of
the South Half of the North Half (S/2 N/2) of said Section
Thirty-one (31); thence N90°00'00''E along the north line of
said South Half a distance of 82.85 feet; thence SO°00'00"E
a distance of 220.00 feet; thence northwesterly a distance
of 412.82 feet to a point on the east line of the Northwest
Quarter (NW/4) of said Section Thirty-one (31) that is
150.03 feet south of the northeast corner of the South Half
of the Northwest Quarter (S/2 NW/4) of said Section Thirty-
one (31); thence S90°00'00''W a distance of 2,576.55 feet to
the west line of said Section Thirty-one (31); thence
northerly along the west line of said Section Thirty-one
(31) a distance of 75.00 feet; thence N90°00'00''E a distance
of 2,900.00 feet; thence NO°00'00''E a distance of 75.00
feet to the point of beginning.
Said tract contains 5.6 acres, more or less, including
Ohio Street right-of-way.
Section 3. That the following land is required to be taken for the
temporary ponding of storm water:
A tract of land located in the South Half of the North
Half (S/2 N/2) of Section Thirty-one (31), Township Fourteen
(14) South, Range Two (2) West of the Sixth Principal
Meridian in Saline County, Kansas being more particularly
described as follows:
Beginning at a point on the north line of the South
Half of the North Half (S/2 N/2) of said Section Thirty-one
(31) that is 2,982.00 feet N90°00'00''E of the northwest
corner of the South Half of the North Half (S/2 N/2) of
said Section Thirty-one (31); thence N90000'00''E along the
north line of the South Half of the North Half of said
Section Thirty-one (31) a distance of 600.00 feet; thence
S45°00'00''E a distance of 424.26 feet; thence 50°00'00''E a
distance of 300.00 feet; thence S45000'00''W a distance of
424.26 feet; thence N90°00'00''W a distance of 350.00 feet;
thence N45°00'00''W a distance of 353.55 feet; thence NO°00'00''E
a distance of 650.00 feet to the point of beginning.
Said tract contains 15.8 acres, more or less.
Section 4. That the real estate described in Sections 2 and 3 above
is hereby ordered condemned for the purpose as set forth in Section 1 above.
Section 5. 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 Sections 2 and 3 of this ordinance
pursuant to K.S.A. 13-1023 of 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 6. 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 7. That it is hereby determined that the following described
property will be specially benefited by the proposed improvements and is hereby
designated as the benefit district:
Lots One (1) through Five (5), Block One (1); Lots One (1)
through Thirty-three (33), Block Two (2); Lots One (1)
through Twenty-one (21), Block Three (3); Lots One (1)
through Thirteen (13), Block Four (4); Lots One (1) through
Eight (8), Block Five (5); Lot One (1), Block Six (6);
Lots One (1) through Twelve (12), Block Seven (7); and
Lots One (1) through Twelve (12), Block Eight (8), all in
Twin Oaks II Subdivision to the City of Salina, Saline
County, Kansas.
Section 8. This ordinance shall be in full force and effect after its
adoption and publication as provided by law.
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
Introduced: March 22, 1982
Passed: April 5, 1982
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',
erle A. Ho# es, M.D., Mayor