8529 Eminent Domain'1
ORDINANCE NUMBER 8529
(Published in The Salina Journal 3 onu' 2 1976)
AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF CERTAIN
LAND IN SALINE COUNTY, KANSAS, FOR CONSTRUCTION OF A SLUDGE DISPOSAL POND AND
ATTENDANT FACILITIES, 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 AMENDMEN S
THERETO, AS THE SAME RELATES TO CONDEMNATION BY CITIES AND FURTHER PURSUANT TO
RESOLUTION NUMBER 3301 OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Governing Body of the City of Salina, Kansas, did on the
6th day of December, 1976, adopt Resolution Number 3301 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 and maintenance of a sludge disposal pond and
attendant facilities, 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 heretofoe
authorized a survey to be made of such lands by a competent 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 re -affirms all of its prior
orders and declarations of the necessity for appropriation of certain lands for
public use for a sludge disposal pond and attendant facilities, and all other
public purposes not in conflict therewith. The interest be taken in the subject
tract to be condemned shall be the fee title thereto.
Section 2. That the land required to be taken for such public use is
described as follows:
A tract of land located in the North half (N 1/2) of the Northwest
Quarter (NW 1/4) of Section Eight (8), Township Fourteen (14) South,
Range Two (2) West of the Sixth Principal Meridian, in Saline County,
Kansas, described as follows:
Beginning at a point on the north line of said Section Eight (8),
Three Hundred and Twenty (320.00) feet East of the northwest corner of
said Section Eight (8); thence Southeasterly on an assumed bearing of
South 89024'17" East along said north line a distance of Thirteen
Hundred and Thirty-two (1332.00) feet to a point Nine Hundred and
Seventy (970.00) feet distant from the north quarter corner (N 1/4
cor) of said Section Eight (8); thence South 00°06'19" West parallel
with the east line of said Northwest Quarter (NW 1/4) a distance of
Twelve Hundred Seventy-nine and sixteen hundredths feet (1279.16) feet
to a point twenty (20) feet distant from and perpendicular to the
north right-of-way line of the Missouri Pacific Railway Company;
thence South 88°55'45" West parallel with said North right-of-way line
a distance of Eleven Hundred Forty-nine and Eighty-three hundredths
(1149.83) feet; thence North 80°39'15" West a distance of One Hundred
Sixty-seven and eighteen hundredths (167.18) feet; thence North 00°40'
West a distance of Twelve Hundred Eighty-seven and Forty-four hundredt
(1287.44) feet to the point of beginning.
Said tract of land containing Thirty-nine and Thirty-eight hundredths
(39.38) acres.
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, 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.
Introduced: December 13, 1976
Passed: December 20, 1976
ii
d F. son, Mayor
(SEAL)
Attest:
11
D. L. Harrison, City Clerk