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
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(SEAL)