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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