6267 Eminent DomainORDINANCE NO. 6267
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 to provide an adequate flood control system which includes
the necessary construction of channels, levees, embankments,
etc.; and,
WHEREAS, the City of Salina, the Division of ry'ater 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 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 for the special purposes as specifically
described hereunder (reference Salina, Kansas Flood Protection
Property Maps No. 7 and 8 prepared by Milson & Company, Engineers
and Architects filed with the City Clerk of Salina, Kansas). Unless
otherwise designated, the right-of-way acquired for levee and
right-of-way acquired for channel shall mean fee title to the pro-
perty specifically described, except oil, gas and other minerals.
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The right to min* 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. Where land is taken for
levee purpose and a ramp appears and is designated on the property
map, the landowner shall have the right of ingress and egress over
and across said ramp. Where roadways appear, landowner shall have
the right to use said roadway for access to separated tracts.
Where land is taken for channel change, the owners adjacent to
said new channel may exercise such water rights as may be allowed
them by law provided the exercise thereof does not interfere with
the City's use of that portion of the land paralleling the new
channel used by the City as a maintenance road.
TRACT III A.
The following described tracts of land out of the North Half
of the Northwest Quarter (N2 NWk) and the Northwest Quarter of the
Northeast Quarter (NW'k NEk) of Section 7, T -15-S, R -2-W, except
tracts and easements to United States of America:
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1. Right-of-way for levee and roadway. Beginning at a point
25 feet East of and 320 feet North of the southwest corner of the
North Half of the Northwest Quarter of said Section 7, thence
southeasterly to a point 60 feet North of and 60 feet East of the
southwest corner of the North Half of the Northwest Quarter of
said Section 7, thence East to a point 40 feet North of and 1440
feet East of the southwest corner of the North Half of the North-
west Quarter of said Section 7, thence northeasterly to a point
65 feet North of and 1535 East of the southwest corner of the
North Half of the Northwest Quarter of said Section 7, thence
northeasterly to a point 186.5 feet North of and 1590 feet East
of the southwest corner of the North Half of the Northwest Quarter
of said Section 7, thence North 178.5 feet to a point 365 feet
North of and 1590 feet East of the southwest corner of the North
Half of the Northwest Quarter of said Section 7, thence East 20
feet, thence South to a point 65 feet North of and 1610 feet East
of the southwest corner of the North Half of the Northwest Quarter
of said Section 7, thence southwest to a point on the south line
of the North Half of the Northwest Quarter of said Section 7, and
1535 feet East of the southwest corner of the North Half of the
Northwest Quarter of said Section 7, thence West to a point 25
feet East of the southwest corner of the North Half of the North-
west Quarter of said Syction 7, thence North to place of beginning,
and containing 2.2 acres, more or less. Reserving, however, in
the owners right to maintain an irrigation pipeline over the top
of the to be constructed levee, provided such exercise does not
interfere with the City of Salina's use of the levee.
2. Permanent easement (a) for drainage ditch; The East 30
feet of the South 1070 feet of the Northwest Quarter of the North-
east Quarter of said Section 7. (b) for access road, 10 feet each
side of the following described center line, Beginning at a point
on the North line of said Section 7, 1590 feet East of the north-
west corner of said Section 7, thence southerly to a point 365 feet
North of and 1600 feet East of the southwest corner of the North
Half of the Northwest Quarter of said Section 7, with owner to
have right to use said road for access purposes. Permanent ease-
ments containing 1.5 acres, more or less.
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3. Construction easements, 20 feet wide adjacent to and
paralleling (a) the North and West sides of the right-of-way des-
cribed in 1 above. And (b) West side of the permanent easement
described in 2(b) above, and containing 1.3 acres, more or less.
4. The right to divert or change the natural flow of the
Smoky Hill River where it crosses the northeast corner of said
tract.
TRACT III B.
The following described tracts out of the South Half of the
Northwest Quarter (S2 NV14); the Southwest Quarter of the Northeast
Quarter (SW4 NE4); the Northwest Quarter of the Southeast Quarter
(NW4 SE4); the Northeast Quarter of the Southwest Quarter (NE4 SO4);
the West Half of the Southwest Quarter (W2 SW4) except a 5.1 -acre
tract in the southwest corner thereof 180 feet north and south by �.Zi
feet east and west; the East Half of the Southeast Quarter
(E2 SE4) except 5 acres, more or less, in the southwest corner
thereof lying south and west of the Smoky Hill River; the Southwest
Quarter of the Southeast Quarter (SW4 SE4); the Southeast Quarter
of the Southwest Quarter (SE4 SW4) lying north and east of the
Smoky Hill River, all in Section 7, T -15-S, R -2-W:
1. Permanent easement (a) for drainage ditch, the North 30
feet of the South Half of the Northwest Quarter and of the
Southwest Quarter of the Northeast Quarter of said Section 7,
and (b) for roadway widening, beginning at a point 25 feet East of
and 30 feet South of the northwest corner of the South Half of the
Northwest Quarter of said Section 7, thence East 35 feet, thence
southwesterly to a point 25 feet East of and 250 feet South of
the northwest corner of the South Half of the Northwest Quarter
of said Section 7, thence North to point of beginning, and contain-
ing 2.8 acres, more or less.
2. Construction easement, 20 feet wide, parallel and adjacent
to permanent easement described in 1(a) above, containing 1.8
acres, more or less.
TRACT III C.
The following described tracts of land out of the East Half of
the Southeast Quarter (E2 SE 4) and the East Half of the Northeast
Quarter (E2 NE4) of Section 12, T -15-S, R -3 -Ya, except right-of-way
of Southwestern Bell Telephone Company:
1. Right-of-way for levee and roadway: Beginning at a point
25 feet West of and 1023 feet South of the northeast corner of said
Section 12, thence southwesterly to a point 105 feet West of and
1303 feet South of the northeast corner of said Section 12, thence
southerly to a point 87 feet West of and 50 feet North of the south-
east corner of the Northeast Quarter of said Section 12, thence
southwesterly to a point 150 feet West of and 25 feet North of the
southeast corner of the Northeast Quarter of said Section 12, thence
South 50 feet, thence southeasterly to a point 87 feet West of and
50 feet South of the northeast corner of the -Southeast Quarter of
said Section 12, thence southerly to a point 90 feet T�Iest of and 60
feet North of the southeast corner of said Section 12, thence south-
westerly to a point 300 feet vest of and 20 feet North of the south-
east corner of said Section 12, thence East 275 feet, thence North
parallel to the East line of said Section 12 to point of beginning,
and containing 6.5 acres, more or less.
2. Construction easement, 20 feet wide, parallel and adjacent
to the West side of the right-of-way described in 1 above, and
containing 2.0 acres, more or less.
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T Pti.Q CT III D.
The following described tract out of a tract of land in. the
Southwest Quarter of the Southwest Quarter(S'' +w S'1; 4) of Section
7, T -15-S, R -2-G,1", described as follows: Beginning at the south-
west corner of said Section 7, thence North on the ',Jest line of
said section 180 feet; thence East, parallel with the south line
of said Section 7 to the north -south 1/16 line a distance of
1240.7 feet, more or less, in the Southwest n.uarter of said
Section 7, thence South 130 feet to the South line of said Sec-
tion 7, thence Wast on said South line to point of beginning,
containing 5.1 acres, more or less.
1. Right-of-way for roadway and entrance ramp. Beginning
at a point on the South line of said Section 7, 25 feet East of
the southwest corner_ of said Section 7, thence East 50 feet,
thence North 100 feet, thence northwesterly to a point 180 feet
North of and 25 feet East of the southwest corner of said Section
7, thence South to place of beginning, and containing 0.16 acres,
more or less.
TRACT III E .
The following described tracts of land out of the East Half of
the East Half (EI2 E-2) of Section 13, T -15-S, R -3-W, except right-
of-way of Southwestern Bell Telephone Company, and also except
right-of-way of Kansas Power and Light Company:
1. Right-of-way for levee. Beginning at a point 20 feet
South of and 25 feet west of the northeast corner of said Section
13, thence Vvest 275 feet, thence southeasterly to a point 60 feet
South of and 90 feet West of the northeast corner of said Section
13, thence South to a point 89 feet tlest of and 1250 feet South
of the northeast corner of said Section 13, thence southwesterly
to a point 150 feet West of and 1275 feet South of the northeast
corner of said Section 13, thence South 50 feet, thence south-
easterly to a point 89 feet 'r;lest of and 1350 feet South of the
northeast corner of said Section 13, thence south to a point 392
feet North of and 83 feet VVest of the southeast corner of said
Section 13, thence southwesterly to a point 275 feet North of and
110 feet rtest of the southeast corner of said Section 13, thence
southwesterly to a point 65 feet North of and 150 feet ?lest of
the southeast corner of said Section 13, thence southwesterly to
a point 20 feet North of and 500 feet Vilest of the southeast corner
of said Section 13, thence East 475 feet, thence North parallel
to the East line of said Section 13, to point of beginning, and
containing 8.0 acres, more or less.
2. Construction easement, 20 feet wide, west of, adjacent to
and parallel with the right-of-way described in 1 above, and
containing 2.4 acres, more or less.
TRACT III F.
The following described tract out of the Southeast Quarter
(SE4) of Section 18, T -15-S, R -2-W, except that part lying south
of the Smoky Hill River:
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1. Right-of-way for Dry Creek diversion channel: Beginning
at a point on the West line of the Southeast Quarter of said
Section 18, 1260 feet North of the southwest corner of the South-
east Quarter of said Section 18, thence North 285 feet, thence
northeasterly to a point 760 feet East of and 2100 feet North of
the southwest corner of the Southeast Quarter of said Section 18,
thence southeasterly to a point 890 feet East of and 1920 feet
North of the southwest corner of the Southeast Quarter of said
Section 18, thence southwesterly to point of beginning, and con-
taining 5.4 acres, more or less. Reserving and granting to the
owner access to the remaining land North of the Dry Creek channel
a permanent ingress and egress over the Northwest 20 feet of the
right-of-way to be acquired by the City of Salina through the
Southwest Quarter of Section 18 and the Northwest Quarter of
Section 19, T -15-S, R -2-W.
TRACT III G.
The following described tracts out of the South Half of the
Southwest Quarter (S2 SW4) of Section 18, T -15-S, R -2-W:
1. Right-of-way for Dry Creek diversion channel, and for
maintenance and access roads. Beginning at a point 20 feet North
of and 550 feet East of the southwest corner of said Section 18,
thence northeasterly to a point on the North line of the South
Half of the Southwest Quarter of said Section 18, 340 feet ';lest
of the northeast corner of the South Half of the Southwest Quarter
of said Section 18, thence East 340 feet, thence South to a point
on the quarter section line 1260 feet North of the southeast
corner of the Southwest Quarter of said Section 18, thence south-
westerly to a point 20 feet North of and 970 feet East of the
southwest corner of said Section 18, thence West to point of
beginning, and containing 12.3 acres, more or less.
2. Right-of-way for road widening. Beginning at a point 25
feet East of and 20 feet North of the southwest corner of said
Section 18, thence North 280 feet, thence southeasterly to a point
50 feet East of and 20 feet North of the southwest corner of said
Section 18, thence West 25 feet to point of beginning, and con-
taining 0.075 acres, more or less.
TRACT III H.
The following described tract out of the Northwest Quarter
(NW4) of Section 19, T -15-S, R -2-W:
1. Right-of-way for Dry Creek diversion channel, and for
public, maintenance and access roads. Beginning at a point 20
feet South of and 485 feet East of the northwest corner of said
Section 19, thence East to a point 20 feet South of and 1000 feet
East of the Northwest corner of said Section 19, thence south-
westerly to a point 25 feet east of and 775 feet South of the
northwest corner of said Section 19, thence North to a point 25
feet East of and 20 feet South of the northwest corner of said
Section 19, thence East 15 feet, thence South to a point 40 feet
East of and 360 feet South of the northwest corner of said Section
19, thence northeasterly to point of beginning, and containing
6.5 acres, more or less.
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TRACT III I.
The following described tracts of land out of the Northeast
Quarter (NE4) of Section 24, T -15-S, R -3-W, except the following
described tract, to -wit: Commencing on a point on the North line
of said quarter section 41 rods 13 feet East of the northwest
corner of said quarter section, thence running West to the East
line of the right-of-way of the Salina Southwest railroad, thence
South 31 rods and 4 feet, thence East to a point 23 rods and 4
feet East of the West line of said quarter section, thence North
17 rods and 4 feet, thence East 18 rods and 9 feet, thence North
14 rods to place of beginning, except right-of-way of Southwestern
Bell Telephone Company : .
1. Right-of-way for levee, channel change and roadway. Be-
ginning at a point 25 feet West of and 20 feet South _of_the north-
east corner of said Section 24, thence West meet, thence g�
& southeasterly to a-point--�Af feet South of and 150 feet West of
the Northeast corner of said Section 24, thence southwesterly to a
point 400 feet West of and 580.6 feet South of the northeast corner
of said Section 24, thence southwesterly to a point 800 feet West
of and 959.5 feet south of the northeast corner of said Section 24,
thence southwesterly to a point 1600 feet West of and 1405.8 feet
South of the northeast corner of said Section 24, thence south-
westerly to a point on the East right-of-way of the Union Pacific
Railroad 1660.6 feet South of the North line of said Section 24,
thence South along the East right-of-way line of the Union Pacific
Railroad to a point 710 feet North of the center of said Section
24, thence northeasterly to a point 1600 feet West of and 1710
feet South of the northeast corner of said Section 24, thence
northeasterly to a point 800 feet West of and 1310 feet South of
the northeast corner of said Section 24, thence northeasterly to
a point 25 feet West of and 730 feet South of the northeast corner
of said Section 24, thence North parallel to the East line of said
Section 24 to point of beginning, and containing 23.11 acres, more
or less.
2(a). Construction easement, 20 feet wide, parallel and
adjacent to the West, Northwest and North sides of the right-of-
way described in 1 above, and containing 1.4 acres, more or less.
2(b). Construction easements, beginning at a point 25 feet
West of and 730 feet South of the northeast corner of said Sectinn
24, thence southwesterly to a point 75 feet West of and 765 feet
South of the northeast corner of said Section 24, thence south-
easterly to a point 25 feet West of and 850 feet South of the
northeast corner of said Section 24, thence North 120 feet to point
of beginning, and containing 0.1 acres, more or less.
TRACT III J.
The following described tracts out of the Northwest Quarter
(NWS) of Section 24, T -15-S, R -3-W, except right-of-way of Union
Pacific Railroad; except U. S. Highway No. 81, except right-of-way
of Kansas Power and Light Company:
1. Right-of-way for levee and diversion channels. Beginning
at a point 60 feet East of and 1110 feet South of the northwest
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corner of said Section 24, (E. line of U.S. 81), thence south-
easterly to a point 423.85 feet East of and 1259.2 feet South of
the northwest corner of said Section 24, thence southeasterly to
a point 1207.2 feet East of and 1528 feet South of the northwest
corner of said Section 24, thence southeasterly to a point
1666.6 feet south of and 750 feet :Jest of the northeast corner of
the Northwest Quarter of said Section 24, thence easterly to a
point on the West right-of-way of the Union Pacific Railroad
1660.6 feet South of the North line of said Section 24, thence
South on the West right-of-way of the Union Pacific Railroad
279.4 feet, thence westerly to a point 690 feet North of and 750
feet West of the center of said Section 24, thence westerly to
a point 800 feet North of and 1207.2 feet East of the southwest
corner of the Northwest Quarter of said Section 24, thence
westerly to a point 750 feet North of and 740 feet East of the
southwest corner of the Northwest Quarter of said Section 24,
thence southwesterly to a point 660 feet East of and 410 feet
North of the southwest corner of the Northwest Quarter of said
Section 24, thence West 220 feet, thence northwesterly to the
southwest corner of State Highway easement, thence northeasterly
150 feet along State Highway easement, thence northwesterly along
State Highway easement and right-of-way to point of beginning,
and containing 22.0 acres, more or less. Reserving, however, in
the owners the right to pass cattle over levee and channel at
location to be mutually agreed upon.
2. Construction easement, 20 feet wide, parallel and
adjacent to the North side of the right-of-way described in 1
above, and containing 1.2 acres, more or less.
TRACT III K.
The following described tracts out of the Northeast Quarter
(NE 4) of Section 23, T -15-S, R -3-W, except U.S. Highway No. 81,
except right-of-way of Southwestern Bell Telephone Company:
1. Right-of-way for levee. (a) Beginning at a point 60
feet West of and 760 feet South of the northeast corner of said
Section 23, thence South on the blest right-of-way line of U.S.
Highway No. 81, 70 feet, thence westerly to a point 720 feet
South of and 1236.9 feet West of the Northeast corner of said
Section 23, thence North 70 feet along the East right-of-way line
of Interstate Highway No. 8, thence easterly to place of beginning
and containing 1.9 acres, more or less. And (b) beginning at a
point on the West line of the Northeast Quarter 620 feet South of
the northwest corner of the Northeast Quarter of said Section 23,
thence East 50 feet, thence South to a point 50 feet East of and
705 feet South of the northwest oorner of the Northeast Quarter
of said Section 23, thence easterly to a point 422 feet East of
and 640 feet South of the northwest corner of the Northeast Quarter
of said Section 23, thence easterly to a point 605 feet South of
and 784.8 feet East of the northwest corner of the Northeast
Quarter of said Section 23, thence easterly to a point 610 feet
South of and 1036 feet East of the northwest corner of the North-
east Quarter of said Section 23, thence southerly along the West
right-of-way of Interstate Highway No. 8, 90 feet, thence westerly
to a point 784.8 feet East of and 695 feet South of the northwest
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corner of the Northeast Quarter of said Section 23, thence westerly
to a point 422 feet East of and 731 feet South of the northwest
corner of the Northeast Quarter of said Section 23, thence
westerly to a point 70 feet East of and 795 feet South of the
northwest corner of the Northeast Quarter of said Section 23,
thence South 85 feet, thence West to the West line of the North-
east Quarter of Section 23, thence North to place of beginning,
and containing 2.3 acres, more or less.
2. Right-of-way for channel change. Beginning at a point
on the West line of the Northeast Quarter of said Section 23,
475 feet North of the center of said Section 23, thence north-
easterly to a point 1070 feet North of and 700 feet East of the
center of said Section 23, thence northwesterly to the center
line of a branch of Dry Creek, IU 643 feet East of Quarter section
line, thence westerly along the center of said creek to a point
on the quarter section line 1163 feet North of the center of said
Section 23, and containing 5.4 acres, more or less.
3. Construction easement, 20 feet wide parallel and adjacent
to the North side of and to the South side of the rights-of-way
described in 1 above, and containing 2.2 acres, more or less.
TRACT III L.
The following described tracts of land out of the Northwest
Quarter (NW4) of Section 23, T -15-S, R -3-W, except right-of-way
of Kaneb Pipeline Co., except County Road, and subject to easement
for channel change of West Dry Creek:
1. Right-of-way for levee, channel changes and separated
area: (a) Beginning at the center of said Section 23, thence
West on quarter section line 860 feet, thence northeasterly to a
point on the East line of the Northwest Quarter of said Section
23, 720 feet North of the center of said Section 23, thence South
to point of beginning, and containing 7.1 acres, more or less.
Retaining, however, to the owner the right of ingress and egress
over fill to be placed in the abandoned channel of the middle
branch of Dry Creek, to provide access to that area East of the
to be abandoned channel.
(b) Beginning at a point on the East line of the Northwest
Quarter of said Section 23, 1100 feet North of the center of said
Section 23, thence northwest to a point 1255 feet East of and 760
feet South of the northwest corner of said Section 23, thence
northeast to a point 1345 feet East of and 620 feet South of the
northwest corner of said Section 23, thence southeast to a point
1840.3 feet East of and 915 feet South of the northwest corner of
said Section 23, thence northwesterly to a point 865 feet West of
and 570 feet South of the northeast corner of the Northwest Quarter
of said Section 23, thence northerly to a point 885 feet West of
and 260 feet South of the northeast corner of the Northwest Quarter
of said Section 23, thence West 45 feet, thence northwesterly to
point on Road right-of-way 45 feet South of and 1600 feet East of
the northwest corner of said Section 23, thence North 20 feet,
thence East parallel to and 20 feet South of the North line of said
Section 23 to a point 595 feet West of the East line of the North-
west Quarter of said Section 23, thence southwesterly to a point
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730 feet West of and 260 feet South of the northeast corner of the
Northwest Quarter of said Section 23, thence West 45 feet, thence
southerly to a point 576 feet South of and 755 feet West of the
northeast corner of the Northwest Quarter of said Section 23,
thence East 95 feet, thence southeasterly to a point 485 feet West
of and 685 feet South of the northeast corner of the Northwest
Quarter of said Section 23, thence South 75 feet, thence north-
easterly to a point 110 feet West of and 680 feet South of the
northeast corner of said Northwest Quarter, thence North 60 feet,
thence East 110 feet to a point on the East line of said Northwest
Quarter 620 feet South of the northeast corner of said Northwest
Quarter, thence South to a point on the East line of said Northwest
Quarter 880 feet South of the northeast corner of said Northwest
Quarter, thence West 150 feet, thence North 30 feet, thence south-
westerly to a point 920 feet South of and 585 feet West of the
northeast corner of said Northwest Ouarter, thence South 120 feet,
thence southeasterly to a point on the East line of said Northwest
Quarter 1310 feet North of the center of said Section 23, thence
South to point of beginning, and containing 13.4 acres, more or
less.
2.Construction easement: (a) 50 feet each side of to be
abandoned channel of middle branch of Dry Creek, and 100 feet
North and South adjacent to the North side of right-of-way des-
cribed in 1(a) above. (b) 20 feet wide parallel and adjacent to
the North side of, the South side of, the West side of and the
East side of the narrow section of the right-of-way described in
1(b) above, comprising 1430 feet of 20 -foot easement. Easements
(a) and (b) comprise 0.8 acres, more or less.
TRACT III M.
The following described tracts of land out of the East Half
of the Southwest Quarter (E2 SW4) of Section 14, T -15-S, R -3-W,
except County Road and subject to an easement for channel change
of West Dry Creek:
1. Right-of-way for levee and channel fill, beginning at a
point 45 feet North of the southwest corner of the East Half of
said Southwest Quarter, thence North on the West line of the East
Half of said Southwest Quarter 1185 feet, thence southeasterly to
a point 1060 feet North of and 120 feet East of the southwest
corner of the East Half of said Southwest Quarter, thence north-
easterly to a point 1100 feet North of and 180 feet East of the
Southwest corner of the East Half of said Southwest Quarter, thence
southeasterly to a point 950 feet North of and 300 feet East of
the Southwest corner of the East Half of said Southwest Quarter,
thence South 80 feet, thence southeasterly to a point 275 feet
North of and 815 feet West of the southeast corner of said South-
west Quarter, thence East 40 feet, thence southeasterly to a point
25 feet North of and 595 feet West of the southeast corner of said
Southwest Quarter, thence West parallel to South line of said
section to a point 1600 feet East of the southwest corner of said
Section 14, thence North 20 feet, thence West to point of beginning,
except easement for channel change of gest Dry Creek dated June 2.0,
1950, executed by Hattie Hynes and Saline County Commissioners
covering land described as follows: Beginning at a point 1409
feet East and 45 feet North of Sec. Cor. Common to Sec. 14, 15,
22 and 23, T -15-S, R -3 -vii, thence North by 10 degrees 21 minutes
East, 525 feet, thence East 10 degrees 21 minutes South 120 feet,
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thence South by 10 degrees 21 minutes Iest 525 feet, thence Test
120 feet to place of beginning, all in the East Half of the South-
west q=uarter of Section 14, T -15-S, R -3-W, containing 1.45 acres,
more or less. And containing 9.0 acres, more or less.
2. Construction easement, 20 feet wide, parallel and adjacent
to the North and East side of the right-of-way described in 1
above, and containing 0.5 acres, more or less.
TRACT III N.
The following described tracts out of the Test Half of the
Southwest 0*uarter (U12 S'A) of Section 14, T -15-S, R -3-W, except
right-of-way of Kaneb Pipeline Company, and except County Road:
1. Right-of-way for levee and channel fill, beginning at a
point 20 feet East of and 1060 feet North of the southwest corner
of said Section 14, thence North parallel to West line of said
section 200 feet, thence northeasterly to a point 330 feet East of
and 1565 feet North of the southwest corner of said Section 14,
thence northwesterly to a point 20 feet East of and 1700 feet North
of the Southwest corner of said. Section 14, thence North parallel
to the West line of said Section 14, to the North line of the
Southwest Quarter, thence East 86 feet, thence South parallel to
and 106 feet East of the West line of said Section 14, 375 feet,
thence southeasterly to a point 195 feet East of and 610 feet
South of the northwest corner of the Southwest Quarter of said
Section 14, thence southeasterly to a in�t, 4 5 et Ea4tjof and
683 feet South of the northwest corner�gf`S%' 91 6M� t ar�tgi nce
southeast to a point 640 feet East of and 803 feet South of the
northwest corner of the Southwest Quarter of said Section 14, thence
South 90 feet, thence southeast to a point 478.54 feet 'lest of and
1002 feet South of the northeast corner of the Vlest Half of the
Southwest r9uarter of said Section 14, thence southeasterly to a
point on the East line of the :Nest Half of the ;Southwest Quarter
of said Section 14, 1185 feet North of the southeast corner of the
East Half of said Southwest Quarter, thence South on the East line
of the West Half of said Southwest Quarter to a point 825 feet
North of the South line of said Section 14, thence Northwesterly
to a point 1500 feet North of and 485 feet East of the southwest
corner of said Section 14, thence southwesterly to point of begin-
ning and containing 15.4 acres, more or less.
2. Construction easement, 20 feet wide, parallel and adja-
cent to the East and Northeast side of the right-of-way described
in 1 above, and containing 0.9 acres, more or less.
3. Permit to clear all brush and timber and partially fill
the following described area: Beginning at a point on the East
line of the West Half of Southwest Quarter of said Section 14, 200
feet North of the South line of said Section 14, thence north-
westerly to a point 250 feet North of and 170 feet East of the
southeast corner of the gest Half of the Southwest Quarter of said
Section 14, thence North 100 feet, thence Northeasterly to a point
on the East line of the West Half of the Southwest quarter of
said Section 14, 425 feet North of the South line of said Section
14, thence South to point of beginning, and containing 0.6 acres,
more or less.
MUM
1
1
1
TRACT III 0.
The following described tracts out of the West Half of the
Northwest Quarter (W2 NW4) of Section 14, T -15-S, R -3-W, except
right-of-way of Kaneb Pipeline Company, and except right-of-way
of The Kansas Power and Light Company:
1. Right-of-way for levee and roadway: Beginning at a point
20 feet East of and 850 feet South of the northwest corner of
Section 14, thence southeasterly to a point 106 feet East of and
1205 feet South of the northwest corner of said Section 14, thence
South parallel to the West line of said Section 14 to the South
line of the West Half of the Northwest Quarter of said Section 14,
thence West 86 feet, thence North to point of beginning, and
containing 3.2 acres, more or less. Reserving to the owner of
said tract a right of ingress and egress from the public road
west of said tract over said levee and by means of a 20 -foot wide
ramp off of said levee. The down ramp to be constructed at a
point approximately 615 feet North of the southwest corner of
said tract as shown on Property Map No. 8.
2. Construction easement, 20 feet wide, parallel and adja-
cent to the East side of the right-of-way described in 1 above,
containing 0.8 acres, more or less.
TRACT III P.
The following described tracts out of the Nottheast Quarter
(NE4) of Section 15,T -15-S, R -3-W, except right-of-way of Kansas
Power and Light Company:
1. Right-of-way for levee and road widening. Beginning at
a point 20 feet West of and 1655 feet South of the northeast
corner of Section 15, thence northwesterly to a point 100 feet
West of and 1305 feet South of northeast corner of said Section
15, thence westerly to a point 1298 feet South of and 650 feet
west of the northeast corner of said Section 15, thence westerly
to a point 1268 feet South of and 1350 feet West of the northeast
corner of said Section 15, thence westerly to a point 1262 feet
South of and 2250 feet West of the northeast corner of said
Section 15, thence North 60 feet, thence easterly to a point 1350
feet West of and 1208 feet South of the northeast corner of said
Section 15, thence easterly to a point 1198 feet South of and 650
feet West of the northeast corner of said Section 15, thence
easterly to a point 1205 feet South of and 100 feet West of the
northeast corner of said Section 15, thence northeasterly to a
point 850 feet South of and 20 feet West of the northeast corner
of said Section 15, thence South 805 feet to point of beginning,
and containing 4.4 acres, more or less.
2. Construction easement, 20 feet wide, parallel and adjacent
to the North side of, the South side of and the West side of the
right-of-way described in 1 above, and containing 2.4 acres, more
or less.
TRACT III R.
The following described tract out of the North Half of the
Southwest Quarter (N-2 SW 4), the South-
west Quarter of the Northeast Quarter (SW4 NE4) and the South Half
of the Northwest Quarter (52 NW4) of Section 18, T -15-S, R -2-W:
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CONS'-;LIIJATED-a.',.LTN A
1. Right-of-way for Dry Creek diversion channel and main-
tenance and access road. Beginning at the southeast corner of the
North Half of the Southwest Quarter of said Section 18, thence
West on the sixteenth line 340 feet, thence northeasterly to a
point on the East line of the Southwest Quarter 255 feet North of
the southeast corner of the North Half of the Southwest Quarter of
said Section 182 thence South to place of beginning, and con-
taining 1.0 acres, more or less.
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 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 "�� day of August, 1958.
Introduced:
Passed •
Attest:
City Clerk
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