05-10275 Eminent Domain1
C,111111a110-Sa1.
(Published in the Salina Journal on May Z 2005)
ORDINANCE NUMBER 05-10275
AN ORDINANCE ORDERING THE ACQUISITION OF TITLE TO CERTAIN
REAL ESTATE AS PARK LAND FOR USE BY THE CITY OF SALINA, KANSAS, IN
DEVELOPING A SOCCER COMPLEX PURSUANT TO CHAPTER 26 OF THE KANSAS
STATUTES ANNOTATED, AND AMENDMENTS THERETO.
WHEREAS, the City of Salina, Kansas (the "City") has by Resolution Number 05-6175
identified a 65 acre tract of land located on the south side of East Magnolia Road between the flood
control levy on the west and the Smoky Hill River on the east as the site (the "Site") for the
development of a soccer complex (the "Soccer Complex") through a public/private partnership with
the Salina Soccer Club; and
WHEREAS, in accordance with Resolution Number 05-6176, the City Engineer has caused
a survey and description to be made of real estate to be acquired by the City as park land for the
purpose of developing the Soccer Complex, SO NOW, THEREFORE
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Board of Commissioners hereby reaffirms the prior orders and
declarations of the necessity for acquisition of title to certain real estate as park land for the purpose
of developing the Soccer Complex.
Section 2. That the real estate required to be taken for such public use is described in the
Certificate of Engineer prepared by the Office of the City Engineer and filed with the Office of the
City Clerk pursuant to K.S.A. 26-201.
Section 3. That the following described tract:
That Part of the North Half of the Northeast Quarter lying east of the Flood Control
Levee, in Section 31, Township 14 South, Range 2 West, Saline County, Kansas
(containing 16.8 acres, more or less).
is hereby ordered condemned for the purpose set forth in Section 1 above.
Section 4. That the City Attorney is hereby directed to file a verified petition signed by the
City Manager in the District Court of Saline County, Kansas, for the condemnation and acquisition
of title to the Real Estate pursuant to Chapter 26 of the Kansas Statutes Annotated, and amendments
thereto, and to do all that is necessary for the condemnation and acquisition of the Real Estate for
the stated public purpose.
Section 5. That this ordinance shall constitute the final order setting forth the condemnation
of the Real Estate described herein and for the purpose for which it is to be used.
Section 6. That this ordinance shall be in full force and effect from and after its adoption
and publication as provided by the law.
Introduced: May 2, 2005
[SEAL]
zS T:
c
Lieu Ann Elsey, CMC, City 6lerk
P ssed: Pay 9, 2005
eborah Divine, Mayor