82-8902 Eminent DomainORDINANCE NUMBER 82-8902
(Published in The Salina Journal v uo 14 1982)
AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF CERTAIN
LAND IN SALINE COUNTY, KANSAS, FOR MAKING IMPROVEMENTS TO CRAWFORD STREET, 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 PURUSUANT TO RESOLUTION
NUMBER 82-3582 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas, did
on the 22nd day of March, 1982, adopt Resolution Number 82-3582 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 making improvements to Crawford Street, 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
Kansas:
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
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 making improvements to Crawford 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. 6 and 17, and a
temporary construction easement in Tracts No. 10, 12, 13, 14, and 15.
Section 2. That the land required to be taken for such public use is
described as follows:
Permanent easement for right-of-way in following tracts:
Tract No. 6: The south five feet (S 5') of the west one hundred fifty
feet W 150') of the south one hundred fifty feet (S 150') of Lot One
(1), Block One (1), Wilbre Addition to the City of Salina, Saline
County, Kansas.
Tract No. 17: The north five feet (N 5') of Lot Three (3), Block Nine
(9), Replat of Faith Addition to the City of Salina, Saline County,
Kansas.
Temporary Construction easement in the following tracts:
Tract No. 10: The north fifteen feet (N 15') of Lot Ten (10), Block
One (1), Victoria Heights Subdivision to the City of Salina, Saline
County, Kansas.
Tract No. 12: Beginning at a point that is the northeast corner of
Lot Four 4), Block One (1), Replat of the North Two Hundred Feet
(N 200') of Union Cemetery Addition to the City of Salina, Saline County'I
Kansas; thence south along the east line of said Lot Four (4) a distance)
of five feet (5'); thence westerly along a line prallel to the north
line of said Lot Four (4) a distance of ninety-five feet (95'); thence
northerly along the west line of said Lot Four (4) a distance of five
feet (5') to the north line of said Lot Four (4); thence easterly
along the north line of said Lot Four (4) a distance of ninety-five
feet (95') -to the point of beginning.
Tract No. 13: Beginning at a point that is the northwest corner of
Lot Three 3), Block One (1), Replat of the North Two Hundred Feet
(200') of Union Cemetery Addition to the City of Salina, Saline County,
Kansas; thence southerly along the west line of said Lot Three (3) a
distance of fifteen feet (15'); thence easterly a distance of one
hundred twenty-five feet (125') to a point on the east line of said
Lot Three (3) that is twelve and twenty-nine hundredths feet (12.29')
south of the northeast corner of said Lot Three (3); thence northerly
along the east line of said Lot Three (3) a distance of twelve and
twenty-nine hundredths feet (12.29') to the northeast corner of said
Lot Three (3); thence westerly along the north line of said Lot Three
(3) a distance of five feet (5'); thence northerly a distance of two
and fifty-eight hundredths feet (2.58'); thence westerly along the
north line of said Lot Three (3) a distance of one hundred twenty feet
(120') to the point of beginning.
Tract No. 14: Beginning at a point that is the northwest corner of
Lot Two (2), Block One (1), Replat of the North Two Hundred Feet
(200') of Union Cemetery Addition to the City of Salina, Saline County,
Kansas; thence southerly along the west line of said Lot Two (2) a
distance of twenty feet (20'); thence easterly a distance of one
hundred fifty feet (150') to a point on the east line of said Lot Two
(2) that is twenty feet (20') south of the northeast corner of said
Lot Two (2); thence northerly along the east line of said Lot Two (2)
a distance of twenty feet (20') to the northeast corner of said Lot
Two (2); thence westerly along the north line of said Lot Two (2) to
the point of beginning.
Tract No. 15: Beginning at a point that is the northwest corner of
Lot One (1), Block One (1), Replat of the North Two Hundred Feet
(200') of Union Cemetery Addition to the City of Salina, Saline County,
Kansas; thence southerly along the west line of said Lot One (1) a
distance of twenty-five feet (25'); thence easterly a distance of one
hundred feet (100') to a point on the east line of said Lot One (1)
that is ten feet (10') south of the northeast corner of said Lot One
(1); thence northerly along the lot line of said Lot One (1) a distance
of ten feet (10'); thence westerly along the lot line of said Lot One
(1) a distance of forty and fifty-three hundredths feet (40.531)
thence northerly along the lot line of said Lot One (1) a distance of
ten feet (10'); thence westerly along the lot line of said Lot One (1)
a distance of fifty-nine and forty-seven hundredths feet (59.47') to
the point of beginning.
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 the
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, 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. 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.
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
Introduced: April 5, 1982
Passed: July 12, 1982
eith G. DUCkers, Mayor