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6633 Eminent Domain1 I 1 (Published in The Salina Journal, June 1q , 1962) C,RDIN,e,NCE NUMBER 6633 AN C.RDIN.-NCE C4:NDEMINING CERT, IN LANDS 'siIT'HIN TiL CITY ,F at?LIN" Kr'•.NS,;81 FCct TI -1, USE LF t)AID CITY FL;R T1,11 LILNIING, 1VIDLNING „ND EXTENDING CF WHITE AVENUE IN 1711E CITY CF 7.iLiiVri, IL iVa.:S, F tc 14 THE NEST LINE CF BAC<aDW::Y ECULEVARD 10 .i POINTLIGiI'I'- IIUiNDRED FIFTY FELT WEST TIIEI?EGF; FIXING THL BEiJEFiT DI j`IRICT THER,EFCRE; AND PROVIDING FCR THE PAYMENT OF COTS THErtECF. WHEREAS the governing body of the City of 'Salina, Kansas, on the 8th day of May, 1962, found it necessary to appropriate certain private property located in the City of Salina, Kansas, for the use of said City for the opening and extending of White Avenue from its intersection with Smithers Street east to its intersection with Broadway Boulevard and for the widening of White :avenue from its intersection with Smithers Street to a i.oint approximately Seven -hundred Feet west thereof to the center line of the old channel of Dry Creek, and directing the City Engineer to make a survey and description of the lands so required; and, WHERE,S on the 22nd day of May, 1962, a survey and descrip- tion of lands so required was duly filed with the City Clerk, Nol'r, 1'llEREFORE, BE IT GhDAINED BY T'i,.E G ,VERNING BODY CF T`HE CITY CF S,=iLINA, KtiNS—S: Section 1. That the following -described lands be hereby condemned and appropriated for the use of the City of :.mina? Kansas, for the opening and extending of White .+venue in the City of Salina, fLansas, from its intersection with Smith�_-rs ,treet east to its intersection with Broadway Boulevard aiid for the widening of White Avenue from its intersection with Smithers utreet to a point approximately Seven -hundred feet west thereof to the west line of the old channel of Dry Creek, to -wit: TA, -"CT au. 1. .a tract of land in the Northwest uarter of Section Fourteen (14)9 Township Fourteen (14) Scuth, Range Three (3) West of the Sixth Principal Meridian in 1'ne: City of Salina, Saline County, Kansas, more particularly described as follows: Beginning at the west right-of-way line of Broadway boule- vard, also known as U. ;. bl By -Pass, at the point where the north line of White Avenue extended east intersects; thence west 150,5 feet to the east line of Lmithers street; thence south along the east line of said Smithers Street and its extension south 60 feet; thence east 150.5 feet to the west right-of-way line of said Broadway Boulevard; thence north 60 feet along said right-of-way line to the point of beginning. 'TRACT iNC. 2. A tract of land in the Northwest �euarter of Section Fourteen (14), Township Fourteen (14) acuth, Range Three (3) West cf the Sixth Principal ;vieridian in the City Of Lalina, Saline County, Kansas, more particularly described as follows: 5 s vA4 Beginning at the feast turner of tae internecticn of Smit:ers 6treet with White (venue; thence west along the: south line of Vihite ',venue :.even -hundred feet more or less to the center line of t.e old channel of Dry Creek; thence south twenty feet; thence east and parallel to the south line of said White .avenue Seven -hundred feet, more or less to the east line of Smithers street extended south; thence north twenty feet to the point of beginning. 1 1 Lection 2. It is found that the following -described real estate within the city limits of the City of Salina, Kansas, will be specifically benefited by the reason of acquisition of said land, and that the same should be known as the benefit districts, to -wit: BENEFIT DISTRICT FLR TRACT NC. 1 A tract of land in the Northwest ":,carter of vection Fourteen (14), township Fourteen (14), Range Three (3), valine County, Kansas, more particularly described as follows: Beginning at a point where the north line of White .avenue intersects the east line of Smithers Street; thence due north along the east line of Smithers Street Three -hundred feet; thence due east 150.5 feet to the west right-of-way line of Broadway Boulevard; thence due south along said right-of-way line 660 feet; thence due west 150.5 feet; thence due north to point of beginning. BENEFIT DISTRICT FCR 'TRACT NO, 2 tract of land in the Northwest quarter of Section Fourteen (14), Township Fourteen (14), Range Three (3), Saline County, Kansas, more particularly described as follows: Beginning at the Northwest corner of the intersection of Smithers Street and Vihite ".venue; thence north along the west line of Smithers venue 300 feet; thence west to a point where said line intersects the center of the old channel of Dry Creek; thence in a west -southwesterly direc- tion along the center of the old channel of Dry Creek to a point approximately 171 feet west of the south line of the Northwest tcuarter of said section Fourteen; thence due east to a point 150.5 feet east of the right-of-way line of Broadway Boulevard; thence due north 300 feet; thence west 40 feet; thence north 60 feet to point of beginning. :rection 3. That L. C. Bengtson, City Attorney, is hereby directed to forthwith prepare and present in the name of the board of Commissioners of the City of Salina, Kansas, a written application to the Judges of the District Court of 6aline County, Kansas, praying for an order of appointment of commissioners to make appraisement and assessment of damages arising from the appropriation of said real estate described in Section 1 hereof and do and perform all things in and about the procuring and re- cording of said order of appointment required by law. Section 4. That for the payment of the costs thereof, the Board of Commissioners shall issue Improvement Bonds of the City;: Of Salina, Kansas, in an amount not to exceed the total cost of acquiring said land herein condemned, except as herein provided, to be payable in annual installments which bear interest at not tc• exceed 5 per cent per annum from the date of such bonds aL;d for the purpose of paying such bonds and interest as they severally mature, the Board of Commissioners shall: (A) apportion and assess the lots and pic,ces of ground within the benefit districts, special assessments covering such portion cf the cost of such land sc acquired as shall be chargeable to said benefit district, such assessment and apportionment cr:linance sha.ii contain the total amount of tax apportioned to such tract, piece or Parcel of land within such tax district and shall state the number of annual installments in which said tax is to be collected; and thc.roafter, the City Clerk shall annually at the same time that 1 n J other taxes are certified, certify to the County Clerk of Saline County, Kansas, a full list of all property liable for such work and improvements, together with the respective numbered amounts due on each said tracts, pieces or parcel of land, which amounts shall include the annual installment and interest on or unpaid balance for one year at the rate of not to exceed 5 per cent per annum on such amounts so certified wiich shall_ be collected <;s other taxes ai`(. collected, ii:) Annually levy a tax upon all real and personal property within the City of Salina, Kansas, in an amount sufficient to pay the annual installments of principal and interest on that portion of the cost of such land so acquired as shall be chargeable to the City at large; and providing the issue of such bonds, tempor- ary notes shall be issued according to law to pay the cost of acquiring; such land. Section 5. This ordinance shall take effect and be in full force from and after its publication in the official City newspaper, Introduced this 5th_- day of June, 1962. Passed by the Commission the 12th day of June, 1962. :-,1'1 E IT . City Clergy; APPROVED BY: 4 By—�E ivI 11 Y i1 k