6403 Eminent DomainCONSOLIDATED -SALIVA
1
1
(Published is the Salina Journal 1 � 195 q)
ORDINANCE NO. 6103
AN ORDINANCE providing for the condemnation of certain pro-
perty for the purpose of providing necessary land and easements,
permits and rights for the use of the City of Salina, Kansas, in
the developing, constructing, maintaining and operating of a flood
control system for said City of Salina, Kansas.
WHEREAS, the Board of Commissioners of the City of Salina,
Kansas, deem 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 chan 1 1
ments, etc.; and,
ne s, levees, embank -
WHEREAS, the City of Salina, Kansas, the Division of Water
Resources of the State of Kansas, and the State Corporation Com-
mission 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 des-
cribed is necessary for the purpose of providing land and easements
necessary to construct drains, canals and artificial 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, and for the construction and
change of grade of streets, bridges and approaches thereto and the
necessary channels, levees and embankments therefor and for other
construction purposes, the procurement of materials to be used on
said project and for all other general flood control program
purposes; 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 property
located in Saline County, Kansas, be acquired by gift, purchase or
by condemnation and eminent domain as provided by law for the pur-
pose of acquiring the necessary land and easements for the construc-
tion 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 be and
it is hereby condemned. Unless otherwise designated, the right-of-
way acquired for levee and right-of-way acquired for channel shall
mean fee title to the property specifically described, except oil,
gas and other minerals. The right to mine and remove said oil,
gas and other minerals shall remain in the landowner provided that
such mining operations do not require the use of the surface of said
tract described and does not interfere in any way with the use of the
surface by the City for its flood control purposes.
P
1
C
Tract 1-A
That part of the Southwest Quarter (SW4) of Section
Twenty Six (26) in Township Fourteen (14) South, Range Three
(3) West of the Sixth Principal Meridian, Saline County,
Kansas, starting at the southwest corner thereof, thence east
one thousand one hundred eighty two and seven -tenths ( 1182.7)
feet along the south line of Section Twenty Six (26) to the
point of beginning, thence 90 degrees left seventy five (75)
feet; thence 99 degrees right two thousand seventeen (2017)
feet on a line parallel to the south line of Section Twenty
Six (26), thence 90 degrees right seventy five (75) feet to
a point on the south line of Section Twenty Six (26) three
thousand one hundred ninety nine and seven -tenths (3199.7)
feet east of the southwest corner of Section Twenty Six (26);
thence 90 degrees right two thousand seventeen (2017 feet to
the point of beginning, and
That part of the Southwest Quarter (SW4) 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 seven -tenths (1182.7) feet
east of the southeast corner of said Section Twenty Six (26),
thence north fifty and twenty-five hundredths (50.25) feet,
thence east paralleling 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 (S1) of the Southeast Quarter
(SE -41) 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 Interstate 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
That part of the South Half (S-1) of the Southeast Quarter
(SE4), 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 line � 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 sixty
(60) 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 Interstate Highway 35W to the ppint of beginning
and containing 2.3 acres, more or less.
F
Tract 1-C
That part of the Southwest Quarter (SW -1) of Section
Twenty Five (25), Township Fourteen (14) South, Range Three
(3) West of the Sixth Principal Meridian in Saline County,
Kansas, described as follows: Beginning at a point eighty
seven and two-tenths (87.2) feet east of and eighty five
(85) feet north of the southwest corner of said Section Twenty
Five (25), thence east to a point eighty five (85) feet north
of and one hundred seventy five (175) feet west of the southeast
corner of said quarter section, thence south to a point twenty
four and seventy-five (24.75) feet north of the south line of
said Section Twenty Five (25), thence west to a point eighty
seven and two-tenths (87.2) feet east of and twenty four and
seventy-five hundredths (24.75) feet north of the Southwest
corner of said Section Twenty Five (25), thence north to the
point of beginning and containing 3.3 acres, more or less.
Tract 1-D
That part of the Northwest Quarter (NW -41-) of Section
Thirty Six (36) in Township Fourteen (14) South, Range
Three (3) West of the Sixth Principal Meridian, Saline
County, Kansas, described as follows: Beginning at a point
two hundred ten (210) feet west of and twenty four and seventy-
five hundredths (24.75) feet south of the northeast corner of
said Northwest Quarter (NW4), Section Thirty Six (36), thence
east forty (40) feet, thence south to point one hundred thirty
(130) feet south of and one hundred seventy (1.70) feet west of
said northeast corner, thence southeasterly to a point on west
Right -of -Way of the Union Pacific Railroad one hundred eighty
five (185) feet south of the north line of said Section Thirtv
Six (36), thence south on the west Right -of -Way line of the
Union Pacific Railroad to a point two hundred thirty five (235)
feet south of the north line of said Section Thirty Six (36),
thence northwesterly to a point two hundred ten (210) feet west
of and one hundred fifty five (155) feet south of the liortheast
corner of the Northwest Quarter (NW') of said Section Thirty Six
(36), thence north to place of beginning, and containing 0.24
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 (S1) of the North-
east Quarter (NE4) and of the South Half (540 of the Northwest
Quarter (NW4) in Section Thirty One (31) in Township Fourteen
(1.4) 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 Commis-
sioners 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 benefits 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
the City of
Judge
4. That upon the taking effect of this ordinance,
Salina shall present a written application to the
of the
by
District Court
of
Saline County, Kansas,
law, for
appraisement
the appointment
of the
of
as provided
three commissioners to make an
damages
and
benefits for said condemnation.
1
Section 5. This ordinance shall take effect andtbe in force
from and after its publication once in the official city paper.
Approved this 22 day of December, 1959.
Introduced: December 15, 1959
Passed: December 22, 1959
Attest:
1
City tier
C -
Mayor