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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 'z_ L' ', erle A. Ho# es, M.D., Mayor