6633 Eminent Domain1
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(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:
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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.
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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
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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
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