6502 Eminent DomainCONSOLIDATED-SALINA
J
IBJ
(Published in the Salina Journal January -15 1961
ORDINANCE N0. 6502
AN ORDINANCE providing for the condemnation of certain property
for the purpose of providing necessary land and easements, permits
and rights for the use of the City of Salina, Kansas, in the devel-
oping, constructing, maintaining and operating of a flood control
system for said City of Salina, Kansas, and repealing Ordinance
No. 6403.
WHEREAS, the Board of Commissioners of the City of Salina,
Kansas, have heretofore deemed it necessary for the best interests
of the City of Salina, Kansas, to provide an adequate flood control
system which includes the necessary construction of channels,
levees, embankments, etc.; and,
WHEREAS, the City of Salina, Kansas, the Division of Water
Resources of the State of Kansas, and the State Corporation Coaiis-
sion of the State of Kansas have approved the plans and specifica-
tions for a flood control system as presented to said City by its
engineer and the United States Army Corps of Engineers; and,
WHEREAS, in connection with said improvement program, the
said Board of Commissioners deem that the real estate hereinafter
described is necessary for one or more of the purposes of providing
land and easements necessary to construct drains, canals and arti-
ficial water -courses and/or to widen and straighten existing
drains and water -courses and/or to construct necessary levees and
embankments and for the construction of bridges and roads, or for
the construction and change of grade of streets, bridges and
approaches thereto, and the necessary channels, levees and em-
bankments therefor, or for other construction purposes, the pro-
curement of materials to be used on said project and for all
other general flood control program purposes as specifically
hereinafter designated; and,
WHEREAS, all the requirements of the statutes prerequisite
hereto have been complied with;
NOW, THEREFORE, be it ordained by the Board of Commissioners
of the City of Salina, Kansas:
Section 1. That the Salina Flood Control System, as approved
by the City Commission of the City of Salina, Kansas, be constructed
and that it is hereby declared necessary that the following pro-
perty located in Saline County, Kansas, be acquired by gift, pur-
chase or by condemnation and eminent domain as provided by law for
the purpose of acquiring the necessary land and easements for the
construction of the said Salina Flood Control System.
Section 2. That the following property located in Saline
County, Kansas, not heretofore acquired by gift or purchase or
prior condemnation be and it is hereby condemned for the special
purposes as specifically described hereunder. (Reference Salina,
Kansas Flood Protection Internal Drainage Ditch #1 and #3 Right-
of-way maps prepared by Wilson & Company, Engineers and Architects,
and filed with the City Clerk of Salina, Kansas.) Unless otherwise
designated, the right-of-way acquired for Internal Drainage Ditch
#1, the purpose of which is to drain water westerly into Dry Creek,
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consisting of Tracts 1-A and 1-B, shall mean fee title to the pro-
perty specifically described, except existing pipeline and utility
easements. The respective landowners of said tracts shall, however,
have and retain all right of access over and across said drainage
ditch from their remaining property to the public east -west road
paralleling and lying immediately south of said drainage ditch,
provided such access does not cause interference with the use of
said ditch by the City for its flood control purposes. Unless
otherwise designated, right-of-way acquired for Drainage Ditch #3
and roadway, consisting of Tract 1-E, shall consist of a permanent
easement in favor of the City for the purpose of draining water
easterly into the abandoned channel of the Smoky Hill River, and
for roadway purposes. The owner of said tract is hereby reserved
and granted all rights of access along and to said private roadway
and is further granted right of access over and across said drain-
age ditch to owner's remaining land south of said ditch at the
culvert location shown on said right-of-way map. Portions of
said property hereinafter described have been previously acquired
by the City of Salina for flood control purposes in 1930, all as
set forth in Case No. 12544 in the District Court of Saline County,
Kansas, and as to such tracts, the City of Salina reaffirms all
of the right, title and interest to said lands acquired by it,
whether in said condemnation proceedings or by voluntary grant of
easement or by adverse possession or prescriptive right, subject
to such relinquishment as the City of Salina may by ordinance
hereinafter provide.
Tract 1-A. That part of the Southwest Quarter (SWk) of
Section Twenty Six (26) in Township Fourteen (14) South,
Range Three (3) West of the Sixth Principal Meridian in
Saline County, Kansas, described as follows: Beginning
at a point twenty-four and seventy-five hundredths (24.75)
feet north of and one thousand one hundred eighty two and
L, (1182.7) feet east of the south corner G
of said Section Twenty Six (26), thence north fifty and
twenty-five hundredths (50.25) feet, thence east parallel-
ing the section line to the east line of said quarter
section, thence south on quarter section line fifty and
twenty-five hundredths (50.25) feet, thence west to the
point of beginning and containing 1.72 acres more or
less.
Tract 1-B. That part of the South Half (Sk) of the South-
east Quarter (SEk) of Section Twenty Six (26) in Township
Fourteen (14) South, Range Three (3) West of the Sixth
Principal Meridian in Saline County, Kansas, described
as follows: Beginning at a point twenty four and seventy-
five hundredths (24.75) feet north of the southwest corner
of said quarter section, thence north to a point ninety
(90) feet north of the southwest corner of said quarter
section, thence northeasterly to a point on the right-of-
way for Interstate Highway 35W, one hundred forty-three
(143) feet north of and eight hundred fifty four (854)
feet east of the southwest corner of said quarter section,
thence southerly along the west right-of-way of Inter-
state Highway 35W to a point seventy five (75) feet north
of the south line of said Section Twenty Six (26),
thence westerly to a point of beginning and containing
1.33 acres, more or less, and
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That part of the South Half (Sk) of the Southeast Quar-
ter (SEk) Section Twenty Six (26), Township Fourteen (14)
South, Range Three (3) West of the Sixth Principal
Meridian, Saline County, Kansas, beginning at a point
on the east right-of-way of Interstate Highway 35W, one
hundred fifty (150) feet north of and one thousand four
hundred eighty one (1481) feet west of the southeast
corner of said Section Twenty Six (26), thence easterly
to a point eighty five (85) feet north of and eighty-six
and seven -tenths (86.7) feet west of the southeast corner
of said Section Twenty Six (26), thence south to a point
twenty four and seventy-five hundredths (24.75) feet
north of and sixty (60) feet west of the southeast corner
of said Section Twenty Six (26), thence west to a point
twenty four and seventy-five hundredths (24.75) feet
north of and five hundred eighty three (583) feet west
of the southeast corner of said Section Twenty Six (26),
thence northwesterly to a point on the east line of
Interstate Highway 35W, which is eighty two (82) feet
north of the south line of said Section Twenty Six (26),
thence northerly along the east right-of-way of Inter-
state Highway 35W to the point of beginning and contain-
ing 2.3 acres, more or less.
Tract 1-E. The North seventy five (75) feet of the west
two thousand nine hundred (2900) feet of the South Half
(Sk) of the Northeast Quarter (NEk) and of the South
Half (S�) of the Northwest Quarter (NWk) in Section
Thirty One (31) in Township Fourteen (14) South, Range
Two (2) West of the Sixth Principal Meridian, Saline
County, Kansas, and containing 5.0 acres, more or less,
and reserving and granting to owner access to remaining
lands south of proposed ditch a permanent ingress and
egress over the existing and to be improved roadway.
Section 3. That it is the opinion of said Board of Commissioners
of the City of Salina that all of the property in said City of Salina
is hereby benefited by said flood control system and that the bene-
fits thereof are general and that all property in the City of Salina
is equally benefited thereby and said City of Salina is hereby
designated as the benefit district.
Section 4. That upon the taking effect of this ordinance the
City of Salina shall present a written application to the Judge of
the District Court of Saline County, Kansas, as provided by law,
for the appointment of three commissioners to make an appraisement
of the damages and benefits for said condemnation.
Section 5. Ordinance No. 6403 of the City of Salina is hereby
repealed.
Section 6. This ordinance shall take effect and be in force
from and after its publication once in the official city paper.
Approved this 17th day of January , 1961.
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Introduced: January 10, 1961 Mayor
Passed: January 17, 1961
Attest:
City Clerk