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6251 Eminent Domain1 ORDINANCE NO. -6251 (First Published in The Salina Jou ia.l _ C) AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF CERTAIN PRO- PERTY FOR THE PURPOSE OF PROVIDING NECESSARY LAND AND EASEMENTS 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 to provide for an adequate flood control system which includes the necessary construction of channels, levees, embankments, etc.; and, WHEREAS, the City of Salina, the Division of Water Resources of the State of Kansas, and the State Corporation Commission of the State of Kansas have approved the plans and specifications 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 the purpose of providing land and easements necessary to construct drains, canals and artificial watercourses and/or to widen and straighten existing drains and watercourses and/or to construct necessary .levees and embankments and for the construction Aridges 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 con- trol 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 con- structed 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 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 be and it is hereby condemned for the general purposes lirs amezxl.� �,of widening the Ohio Street Road near the approach to the levee ramp across said road. (Tract A) A part of Tract One (1) and Two (2), in Golden Acres, a subdivision of a part of the Southwest Quarter (SW4) of Section Six (6), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian in Saline County, Kansas, as follows: Beginning at a point ninety-one (91) feet south of and fifty (50) feet east of the northwest corner of the Southwest Quarter (SW4) of said Section Six (6), thende southerly to a point five hundred four (504 ) feet south of and twenty-five (25) feet east of the north- west corner of the Southwest Quarter (SW4) of said Section Six (6), thence north two hundred eighty-eight (288) feet, thence northeasterly to point of beginning, and containing .08 acres more or less. 1 1 1 (Tract B) A tract of .land in the North Quarter (NW4) of the Southeast Quarter (SE -1) of Section One (.1), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas, described as follows, to -wit: Beginning at a point 45 feet West of and .132 feet South of the Northeast corner of the Southeast Quarter (SE-!) of said Section One (1) thence West 2.5 feet, thence in a South- easterly direction to a point 504 feet South of and 25 feet West of the Northeast corner of the said Southeast Quarter (SE4) of said Section One (1), thence in a Northerly direc- tion 288 feet to a point 216 feet South of and 25 feet West of the Northeast corner of said Southeast Quarter (SE -1) of said Section One (1), thence in a Northwesterly direction to the point of beginning, containing .07 acre more or less. (Tract C" A tract of land in the Northeast Quarter (NE') of the Southeast Quarter (SE') of Section One (1), Township Fourteen (14) South, Range Three (3) '.Vest of the Sixth Principal. Meridian, Saline County, Kansas, described as follows, to -wit: Beginning at a point Ninety -One (91.) feet South of and Fifty (50) feet West of the Northeast corner of the Southeast Quarter (SED of said Section One (1), thence southerly to a point: One Hundred Thirty Two (132) feet south of and Forty Seven and five --tenths (47.5) feet west of the Northeast corner of the Southeast Quarter (SE') of said Section One (1), thence East Two and five -tenths (2.5) feet, thence northwesterly to a. point of beginning, containing 0.012 acres more or less. Section 3. That it is the opinion of said Board of Commission- ers 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 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. This ordinance shall take effect and be in force from and after its publication once in the official city paper. APPROVED this 1. 41 day of Introduced June 17, 1958 Passed June 24, 1958 Attest: H. E. PETERSON, City Clerk 'V (SEAL)