6274 Eminent DomainORDINANCE NO. (c 7 t c, q -: Y,
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 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 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 statutesprerequisite
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. 913 and 108 prepared by Wilson & 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.
- 1 -
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. 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. Portions of said
property hereinafter described have been previously acquired by
the City of Salina for flood control purposes in 1930 and as to
such tracts the City of Salina hereby 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.
TRACT IV A
The following described tracts out of the West Half (W2) of the
Northwest Quarter (NWk) of Section 26, T -14-S, R -3-W, except
County Road, except right-of-way of Kaneb Pipeline Company, and
except right-of-way of Kansas Power and Light Company, and subject
to easements in favor of City of Salina:
1. Right-of-way for levee and channel change. Beginning at a
point 30 feet south of and 80 feet EAst of the northwest corner of
said Section 26, thence east 120 feet, thence southeasterly a&mg
to a point 340 feet est of and 330 feet
south of the northwest corner of said Section 26, thence east 30
feet, thence southerly over easement being acquired by State Highway
Commission to a point 830 feet south of and 335 feet east of the
northwest corner of said Section 26, this point being on the north
right-of-way line of Interstate Highway No. 8, thence northwesterly
along the north right-of-way line of Interstate Highway No. 8, to
the intersection of the west easement line condemned by City of
Salina and filed April 15, 1930, said point being approximately 100
feet east of and approximately 595 feet south of the northwest
corner of said Section 26, thence northeasterly along said easement
line to a point approximately 190 feet east of and approximately
370 feet south of the northwest corner of said Section 26, thence
northwesterly along said easement line to point of beginning and
containing 2.9 acres, more or less. (Note: Foregoing described
right-of-way includes 2.3 acres, more or less, of easement condemned
by City in 1930, and 0.33 acres, more or less, of easement for
Interstate No. 8. Part of easement for Interstate No. 8 and right-
of-way for Interstate No. 8 is over easement condemned by City in
1930.)
2. Construction easement. 20 feet wide parallel and adjacent to
the east side of and parallel and adjacent to the west side of the
right-of-way described in 1 above and containing 0.5 acres, more
or less.
- 2 -
L
1
TRACT IV B
The following described tracts out of a tract in the Northwest
Quarter (NWS) of the Northwest Quarter (NWk) of Section 26, T -14-S,
R -3-W, described as follows: Beginning at the East End of Dry Creek
bridge, running thence east in center of dirt road on section line
212 feet, thence south 330 feet, thence west 52 feet to top of
levee, thence in a northwesterly direction on top of levee 350 feet
to place of beginning, subject to easement in favor of City of
Salina:
1. Right-of-way for levee. Beginning at a point 30 feet south of
and 200 feet east of the northwest corner of said Section 26 (this
point on described property line), thence east to a point 30 feet
south of and 280 feet east of the northwest corner of said Section
26, thence southeasterly to a point 370 feet east of and 230 feet
south of the northwest corner of said Section 26, thence south 100
feet, thence west on property line 30 feet to point 340 feet east
of and 330 feet south of the northwest corner of said Section 263,
thence northwesterly along property line to point of beginning and
containing 0.5 acres, more or less. (Note: 0.3 acres, more or
less, of this description is within the easement condemned by City
in 1930.)
2. Construction easement. 20 feet wide, parallel and adjacent to
the east side of the right-of-way described in 1 above and contain-
ing 0.14 acres, more or less.
TRACT IV C
The following described tracts out of a tract of land in the south-
west corner of the Southwest Quarter (SWk) of the Southwest Quarter
(SWk) of Section 23, T -14-S, R -3-W, being that part lying west of
Cherokee Drive and east of the center of the channel of Dry Creek;
subject to easement to Southwestern Bell Telephone Company and
easement to Saline County and to City of Salina:
1. Right-of-way for levee and channel change. Beginning at a point
30 feet north of and 250 feet east of the southwest corner of said
Section 23, thence northwesterly to a point 120 feet east of and
330 feet north of the southwest corner of said Section 23, thence
northwesterly to a point on the west line of said section 470 feet
north of the southwest corner of said Section 23, thence south to
center of Dry Creek and southerly along the center of Dry Creek to
a point 30 feet north of the south line of said Section 23, thence
east to point of beginning and containing 1.1 acres, more or less.
(Note: 1.0 acres, more or less, of this land is within easement
condemned by City in 1930.)
2. Construction easement. 20 feet wide parallel and adjacent to
east side of right-of-way described in 1 above and containing 0./,,V -
acres, more or less.
TRACT IV D
The following described tracts out of a tract of land located in
the Southeast Quarter (SEk) of Section 15, T -14-S, R -3-W, described
as follows: Beginning at a point which is on the south line and
- 3 -
LI
1
`1
1737.6 feet west of the southeast corner of said Section 15, said
point being the center of a bridge over Dry Creek, thence west
along the south line of said Section 15 a distance of 190 feet,
thence north a distance of 215 feet, thence east a distance of 190
feet, thence south 215 feet to point of beginning, subject to
right-of-way grant to Kaneb Pipeline Company and subject to ease-
ments to Saline County and City of Salina: �4Hd sa�jEc7' Tc, JANd caNJEMft&J
Foy �rE.��fiat� Hrgr�:.aS. '
1. Right-of-way for channel change and maintenance road. Begin-
ning at a point 20 feet north of and 1737.6 feet west of the
southeast corner of said Section 15, thence west 75 feet, thence
northeasterly to a point 215 feet north of and 1797.6 feet west
of the southeast corner of said Section 15, thence east 60 feet
to northeast corner of said tract, thence south to point of begin-
ning and containing 0.3 acres, more or less.
TRACT IV E
The following described tracts out of the Southeast Quarter (SEk)
of Section 15, T -14-S, R -3-W, subject to existing easements to
City of Salina, except two tracts described as follows: Commencing
at the southeast corner of said Southeast Quarter, thence west
along the south section line 600 feet, thence north 600 feet,
thence east 600 feet, thence south along the east line of said
Southeast Quarter 600 feet to the point of beginning; and Beginning
at a point which is on the south line and 1737.6 feet west of the
southeast corner of said Section 15, said point being the center
of a bridge over Dry Creek, thence west along said south line of
said Section 15, a distance of 90 feet, thence north a distance of
215 feet, thence east a distance of 190 feet, thence south 215
feet to point of beginning:
1. Right-of-way for channel change, levee and maintenance road.
(a) Beginning at a point 20 feet north of and 1737.6 feet west of
the southeast corner of said Section 15, thence north 195 feet,
thence west 60 feet, thence northeasterly to a point in the to be
abandoned channel of Dry Creek 13/0 feet south of and 742 feet
west of the northeast corner of Southeast Quarter of said Section
15, thence south to a point 742 feet west of and 1242 feet north
of the southeast corner of said Section 15, thence east 147 feet,
thence southwesterly to a point 260 feet north of and 1518 feet
west of the southeast corner of said Section 15, thence southwesterly
to a point 145 feet north of and 1600 feet west of the southeast
corner of said Section 15, thence southerly to a point 20 feet north
of and 16.8 feet west of the southeast corner of said Section 15,
thence west to point of beginning and containing 6.8 acres, more
or less. (b) Beginning at a point in the to be abandoned channel
of Dry Creek 470 feet west of and 965 feet south of northeast
corner of the Southeast Quarter of said Section 15, thence north-
easterly to a point 350 feet west of and 830 feet south of the
northeast corner of the Southeast Quarter of said Section 15, thence
northeasterly to a point 220 feet west of and 600 feet south of
northeast corner of the Southeast Quarter of said Section 15,
thence northeasterly to a point on the north line of said quarter
125 feet west of northeast corner of the Southeast Quarter of said
Section 15, thence east 125 feet, thence south on section line to
the center of Dry Creek Cut-off (Dry Creek cut-off to be used as
out fall for existing storm drains), thence westerly along center
- 4 -
1
1
1
line of Dry Creek cut-off to point of beginning and oontaining
6.4 acres, more or less.
2. Construction easement. 20 feet wide, parallel and adjacent
to the east side of the right-of-way described in 1(a) above,
and containing 0.75 acres, more or less.
TRACT IV F
1. Right-of-way for channel block and outfall drain over: A
tract of land in the Southwest Quarter (SWk) of Section 14, T -14-S,
R -3-W, described as follows: Beginning at a point 100 feet east
of the west line of said Section 14 on the outer base line of a
dike along Dry Creek, said point being approximately 1620 feet
north of and 100 feet east of the southwest corner of said Section
14, thence north to the center of Dry Creek Cut-off, thence north-
easterly along the center line of Dry Creek Cut-off and Dry Creek
to a point 350 feet east of the west line of said Section 14,
thence south approximately 150 feet to the outer base line of the
dike on the south side of Dry Creek, thence westerly along the
outer base line of the dike on the south side of Dry Creek to
point of beginning and containing 0.8 acres, more or less.
(Note: All the foregoing described right-of-way is within the
easement condemned in 1930.)
- 5 -
1
D
1
TRACT IV G
The following described tracts out of a tract of land in the South-
east Quarter (SE'k) of Section 15, T -14-S, R -3-W, described as
follows: Beginning at a point 1242 feet north of the southeast
corner and on the east line of said half section, said point also being
in the north line of Beverly Drive in Salina, Kansas, thence westerly
on a line parallel to the south line of said half section a distance
of 742 feet, more or less, to the center line of Dry Creek, thence
in a northeasterly direction along the center line of Dry Creek
following its meanderings to the east line of said quarter section,
thence south on such east line a distance of 261.8 feet to the
point of beginning, except right-of-way of Kaneb Pipeline Co. and
except easement condemned by City in April, 1930.
1. Right-of-way for channel change, levee and maintenance road.
Beginning at a point 1242 feet north of and 595 feet west of the
southeast corner of said Section 15, thence west 147 feet to center
line of Dry Creek, thence north and easterly along the center line
of to be abandoned Dry Creek to a point 300 feet west of and 1552
feet north of the southeast corner of said Section 15, thence
southwesterly to point of beginning and containing 2.8 acres, more
or less. (Note: 2.4 acres, more or less, of this land is within
the easement condemned by City in 1930.)
2. Construction easement. 20 feet wide, parallel and adjacent to
the southeast side of the south 270 feet of the right-of-way
described in 1 above and containing 0.1 acres, more or less.
3. Right-of-way for existing levee and Outfall drain. Beginning
at a point on the east line of said Section 15, at the south base
line of existing levee, thence west and northwest along the south
base line of the levee as it existed in September, 1958, to a
point 430 feet west of and 1432 � feet north of the southeast
corner of said Section 15, thence northeasterly along the right-of-
way described in 1 above to the center of the existing channel of
Dry Creek, thence easterly along the channel of Dry Creek to the
east line of said Section 15, thence south to place of beginning
and containing o,9 acres, more or less. (Note: All foregoing
described right-of-way is north of the existing levee and within
the easement condemned in 1930.)
TRACT IV H
The following described tracts out of all that part of the south
165 feet of the Northwest Quarter (NW'k) and all that part of the
North Half of the Southwest Quarter (Nk SWk) of Section 14, T -14-S,
R -3-W, lying west of Dry Creek. Also that portion of the Southwest
Quarter (SW'k) of Section 14, T -14-S, R -3-W. Commencing 100 feet
east of the west line of the North Half of the Southwest Quarter
of said Section 14, in the center of the new Dry Creek Channel,
thence north parallel with west line of said Section 14, to the
center of the Old Dry Creek Channel, thence southeasterly down Old
Dry Creek channel to center of new Dry Creek Channel, thence up the
New Channel in a westerly direction to place of beginning, said
tract of land being and lying north of New Dry Creek Channel and
south and west of Old Dry Creek Channel, subject to easement to
City of Salina:
G
1
1
1. Right-of-way for levee and entrance road: Beginning at a
point on the west line of said Section 14, 165 feet north of the
southwest corner of the Northwest Quarter of said Section 14,
thence east 125 feet, thence southerly to a point 100 feet east
of and 275.22 feet south of the northwest corner of the Southwest
Quarter of said Section 14, thence southwesterly to a point on the
west line of said Section 14, 729.36 feet south of the northwest
corner of the Southwest Quarter of said Section 14, and containing
1.7 acres, more or less. (Note: This description includes 0.6
acres in public road, and 0.05 acres, more or less, in easement
condemned in 1930.)
2. Right-of-way for channel block and outfall drain. Beginning
at a point on the west line of said Section 14, and the center line
of new Dry Creek Channel, thence north 100 feet, thence north-
easterly parallel and 100 feet north of the center of new Dry Creek
Channel to the center of old Dry Creek Channel (abandoned), thence
southeasterly along old Dry Creek Channel to the center of new Dry
Creek Channel, thence westerly along the center of new Dry Creek
Channel to point of beginning and containing 0.8 acres, more or
less. (Note: All of the foregoing described land is within ease-
ment condemned in 1930.)
- 6 (a) -
1
1
TRACT IV I
The following described tracts out of the south 30 acres of the
Southeast Quarter (SEk) of the Northeast Quarter (NEk) of Section
15, T -14-S, R -3-W:
1. Right-of-way for levee and channel change. Beginning at the
southeast corner of the Northeast Quarter of said Section 15,
thence west on the quarter section line 125 feet, thence northeasterly
to a point 75 feet west of and 990 feet north of the southeast corner
of the Northeast Quarter of said Section 15, thence east to east
line of said Section 15, thence south to point of beginning and
containing 2.3 acres, more or less. Reserving and granting to the
owner access to remaining land a permanent ingress and egress over
right-of-way to be acquired by City of Salina off the east side of
the Northeast Quarter of said Section 15. (Note: This description
includes 0.45 acres, more or less, of public road.)
TRACT IV J
The following described tracts out of the south 50 acres of the
west 70 acres of the north 150 acres of the Northwest Quarter (NWk)
of Section 14, T -14-S, R -3-W, except that part now platted and
being part of Lot 4 in Surveyor's Plat No. 51:
1. Right-of-way for levee, channel and entrance road: Beginning
at a point on the west line of said Section 14, 707.1 feet south
of the northwest corner of said Section 14, thence south to a
point 165 feet north of the southwest corner of the Northwest
Quarter of said Section 14, thence east to a point 125 feet east
of and 165 feet north of the southwest corner of the Northwest
Quarter of said Section 14, thence northerly to a point 220 feet
east of and 707.1 feet south of the northwest corner of said
Section 14, thence west to point of beginning and containing 7.0
acres, more or less. Reserving and granting to the owner access
to remaining land a permanent ingress and egress over right-of-way
to be acquired by City of Salina off the north 20 acres of the
west 70 acres of the north 150 acres of the Northwest Quarter of
said Section 14. (Note: This description includes 0.8 acres,
more or less, of public road.)
TRACT IV K
The following described tracts out of the north 20 acres of the
west 70 acres of the north 150 acres of the Northwest Quarter (NW'k)
of Section 14; the Northeast Quarter (NEk) of the Northeast Quarter
(NEk), and the north 10 acres of the Southeast Quarter (SE k) of
the Northeast Quarter (NEk) of Section 15, T -14-S, R -3-W, except
railroad right-of-way, U.S. Highway No. 40, except right-of-way
of Kaneb Pipeline Company, and except county road:
1. Right-of-way for channel change in Section 15. Beginning at a
point 20 feet west of and 75 feet south of the northeast corner of
said Section 15, thence south to a point 1650 feet south of and 75
feet west of the northeast corner of said Section 15, thence east
to section line, thence north on the east line of said Section 15,
1575 feet, thence west 20 feet to point of beginning and containing
1.7 acres, more or less. (Note: This description includes 0.7
acres, more or less, of public road.)
- 7 -
1
1
1
2. Right-of-way for channel change, levee and entrance road in
Section 14. Beginning at a point on the west line of aaid Section
14, 75 feet south of the northwest corner of said Section 14,
thence east 260 feet, thence southwesterly to a point 707.1 feet
soeth of and 220 feet east of the northwest corner of said Section
14, thence west to the west line of said Section 14, thence north
on section line to point of beginning and containing 3.5 acres,
more or less. (Note: This description includes 0.3 acres, more
or less, of public road.)
TRACT IV L
The following described tracts out of all that part of the Southwest
Quarter (31W4) of Section 11, T -14-S, R -3-W, lying south of the
right-of-way of the Union Pacific Railroad and west of Elm Grove
Addition, subject to County Road right-of-way off south side
thereof:
1. Right-of-way for levee and channel change. Beginning at a point
on the west line of said Section 11, 75 feet north of the southwest
corner of said Section 11, thence north on the section line to the
south right-of-way line of the Union Pacific Railroad, thence north-
easterly along the south right-of-way of the Union Pacific Railroad
to a point 220 feet east of the west line of said Section 11,
thence southeasterly to a point 290 feet east of and 575 feet
north of the southwest corner of said Section 11, thence southerly
to a point 250 feet east of and 75 feet north of the southwest
corner of said Section 11, thence west 250 feet to point of begin-
ning and containing 3.6 acres, more or less. (Note: The existing
ditch and north -south road (not open) occupies the west 125 feet,
more or less, of this tract, 1.5 acres, more or less.)
TRACT IV M
The following described tracts out of a part of the Southwest Quarter
(SWk) of Section 11, T -14-S, R -3-W, lying west of the center line
of the channel of Dry Creek and west of the west right-of-way line
of the Dry Creek Channel change, and north of the present right-of-
way of the Union Pacific Railroad, except the right-of-way of U. S.
Highway 40:
1. Right-of-way for levee and channel change. (a) North of A.T.
& S. Fe Railroad, beginning at a point 30 feet sputh of the northwest
corner of the Southwest Quarter of said brection thence east parallel
and 30 feet south of the half section line 500 feet, thence westerly
to a point 45 feet south of and 200 feet east of the northwest
corner of the Southwest Quarter of said Section 11, thence west 25
feet, thence southerly to a point on the north right-of-way line
of the Atchison, Topeka and Santa Fe Railway, 135 feet east of the
west line of said Section 11, thence northwesterly along the north
right-of-way line of the Atchison, Topeka and Santa Fe Railroad to
the west line of said Section 11, thence north on section line to
point of beginning, and containing 1.75 acres, more or less.
(b) South of A.T. & S. Fe Railroad and north of U. S. Highway No.
40, beginning at a point on the west line of said Section 11, and
on the south line of the right-of-way of the Atchison, Topeka and
Santa Fe Railway, thence southeasterly along the south right-of-way
line of the Atchison, Topeka and Santa Fe Railway to a point 135
feet east of the west line of said Section 11, thence southerly to
a point on the north right-of-way line of Highway U. S. 40, 120
feet east of the west line of said Section 11, thence southwesterly
along the north right-of-way line of Highway U. S. 40 to the west
line of said Section 11, thence north on section line to point of
beginning and containing 0.45 acres, more or less. (Note: Existing
ditch and north -south road, not open, occupies the west 30 feet,
more or less, of this tract, 1.3 acres, more or less.)
2. Construction easement. 20 feet wide parallel and adjacent to
the east side of the right-of-way described in 1 (a) and (b) above
and containing 0.8 acres, more or less.
TRACT IV N
The following described tracts out of Lots Two (2), Three (3) and
Four (4) in "SURVEYORS PLAT NO. 9"; and all that part of Lot One
(1) iii "SURVEYORS PLAT NO. 9" lying north of the right-of-way of
the Union Pacific Railroad located in the Southeast Quarter (SE k)
of Section 10, T -14-S, R-3-, except the right-of-way of U. S.
Highway 40, and the right-of-way of the Atchison, Topeka and Santa
Fe Railroad Company and except a tract containing 11 acres, more
or less, in the southwesterly portion of said quarter section:
1. Right-of-way for channel change. (a) North of the A.T.&S.F.
Railroad, beginning at a point 30 feet south of and 45 feet west
of the northeast corner of the Southeast Quarter of said Section
10, thence east 45 feet, thence south on the east line of said
Section 10 to the north right-of-way line of the Atchison, Topeka
and Santa Fe Railroad Co., thence northwesterly along the north
right-of-way of said railroad to a point 85 feet west of the east
line of said Section 10, thence northerly to point of beginning and
containing 1.7 acres, more or less. (b) South of A.T.&S.F. Rail-
road and north of Highway U. S. 40, beginning at a point on the
south right-of-way line of the Atchison, Topeka and Santa Fe
Railroad Co. 85 feet west of the east line of said Section 10,
thence southeasterly to the east line of said Section 10, thence
south on the east line of said Section 10 to the north right-of-way
line of Highway U. S. 40, thence southwesterly along the north
right-of-way line of Highway U. S. 40 to a point 130 feet west of
the east line of said Section 10, thence north to point of beginning
and containing 1.7 acres, more or less. (Note: North -south road
and ditch and highway easement occupy 1.3 acres, more or less, of
above descriptions.)
TRACT IV 0
The following described tracts out of the Southwest Quarter (SW'k)
of the Northwest Quarter (NWk) of Section 11, T -14-S, R-3-0:
1. Right-of-way for levee, channel and road. Beginning at a point
30 feet north of and 30 feet east of the southwest corner of the
Northwest Quarter of said Section 11, thence north to a point 30
feet east of and 20 feet south of the northwest corner of the
Southwest Quarter of the Northwest Quarter of said Section 11,
thence east 165 feet, thence southerly to a point 188 feet east
of and 421 feet south of the northwest corner of the Southwest
Quarter of the Northwest Quarter of said Section 11, thence east
60 feet, thence southerly to a point 245 feet east of and 621 feet
C
south of the northwest corner of the Southwest Quarter of the
Northwest Quarter of said Section 11, thence southwesterly to a
point 184 feet east of and 721 feet south of the northwest corner
of the Southwest Quarter of the Northwest Quarter of said Section
11, thence southerly to a point 175 feet east of and 45 feet north
of the southwest corner of the Northwest Quarter of said Section
11, thence east 25 feet, thence easterly to a point 30 feet north
of and 500 feet east of the southwest corner of the Northwest
Quarter of said Section 11, thence west to point of beginning and
containing 5.0 acres, more or less.
2. Construction easement. 20 feet wide, parallel and adjacent to
the east side of the right-of-way described in 1 above and contain-
ing 0.6 acres, more or less.
TRACT IV P
The following described tracts out of the west 50 acres of the
North Half (Nk) of the Northwest Quarter (NWk) of Section 11,
T -14-S, R -3-W:
2. Construction easement. 20 feet wide, parallel and adjacent to
the east side of the right-of-way described in 1 above and contain-
ing 0.6 acres, more or less.
TRACT IV Q
The following described tracts out of all that part of the Southwest
Quarter (SWk) of Section 2 lying south of the center of the channel
of Mulberry Creek and west of the right-of-way of the Union Pacific,
Lincoln and Colorado Railway Company (less public road across said
tract); and all that part of the Southwest Quarter (SWk) of said
Section 2 lying north and west of the center of the channel of
Mulberry Creek, except the right-of-way of the Union Pacific,
Lincoln and Colorado Railroad Company, all in T -14-S, R -3-W:
1. Right-of-way for channel changes and levee. (a) All that part
of the Southwest Quarter of said Section 2 north of Mulberry Creek
and east of the Union Pacific Railway and containing 0.7 acres,
more or less. (b) Beginning at a point 30 feet east of the south-
west corner of said Section 2, thence north parallel to the west
line of said Section 2 to a point 30 feet east of and 714 feet
south of the northwest corner of the Southwest Quarter of said
Section 2, thence easterly to a point 310 feet east of and 530 feet
south of the northwest corner of the Southwest Quarter of said
Section 2, thence northeasterly to a point 495 feet south of and
615 feet east of the northwest corner of the Southwest Quarter of
said Section 2, thence easterly to a point 515 feet south of and
- 10 -
1. Right-of-way
for levee
and channel. Beginning at
a point 30
feet east of the
northwest
corner of said Section 11,
thence east
190 feet, thence
feet east of the
southerly
southwest
to a point 20 feet north of
corner of the North Half of
and 210
the North-
west Quarter of
said Section
11, thence west 180 feet,
thence
north to place of
beginning
and containing 5.5 acres,
more or
less.
2. Construction easement. 20 feet wide, parallel and adjacent to
the east side of the right-of-way described in 1 above and contain-
ing 0.6 acres, more or less.
TRACT IV Q
The following described tracts out of all that part of the Southwest
Quarter (SWk) of Section 2 lying south of the center of the channel
of Mulberry Creek and west of the right-of-way of the Union Pacific,
Lincoln and Colorado Railway Company (less public road across said
tract); and all that part of the Southwest Quarter (SWk) of said
Section 2 lying north and west of the center of the channel of
Mulberry Creek, except the right-of-way of the Union Pacific,
Lincoln and Colorado Railroad Company, all in T -14-S, R -3-W:
1. Right-of-way for channel changes and levee. (a) All that part
of the Southwest Quarter of said Section 2 north of Mulberry Creek
and east of the Union Pacific Railway and containing 0.7 acres,
more or less. (b) Beginning at a point 30 feet east of the south-
west corner of said Section 2, thence north parallel to the west
line of said Section 2 to a point 30 feet east of and 714 feet
south of the northwest corner of the Southwest Quarter of said
Section 2, thence easterly to a point 310 feet east of and 530 feet
south of the northwest corner of the Southwest Quarter of said
Section 2, thence northeasterly to a point 495 feet south of and
615 feet east of the northwest corner of the Southwest Quarter of
said Section 2, thence easterly to a point 515 feet south of and
- 10 -
iL
2. Construction easement. 20 feet wide, parallel and adjacent to
the north side of and parallel and adjacent to the south and east
sides of the right-of-way for levee described in 1(b) above and
containing 2.3 acres, more or less.
TRACT IV R
The following described tracts out of: All that part of the East
Half (Ek) of the Southwest Quarter (SWk) of Section 2 lying east
of the right-of-way of the Union Pacific, Lincoln and Colorado
Railway Company and south and east of the center of the channel of
Mulberry Creek; and all that part of the Southeast Quarter (SE k)
of said Section 2 lying west of the center of the channel of Dry
Creek, all in T -14-S, R -3-W;
The West Half (W2) of the Northeast Quarter (NES) of Section 2,
T -14-S, R -3-W, except a tract described as follows: beginning 1716
1080 feet east of the northwest corner of the Southwest Quarter
of said Section 2, thence northeasterly to a point 470 feet south
of and 1460 feet east of the northwest corner of said Section 2,
1
-7
thence northeasterly to a point on the west right-of-way line of
the Union Pacific Railway 180 feet south of the quarter section
line, thence southeasterly along the west right-of-way of the Union
y�'
o
Pacific Railway to a point 525 feet south of the quarter section
line, thence southwesterly to a point 1630 feet west of and 770
Z
feet south of the northwest corner of the Southwest Quarter of
said Section 2, thence westerly to a point 1080 feet east of and
795 feet south of the northwest corner of the Southwest Quarter of
W
said Section 2, thence westerly to a point 775 feet south of and
e
615 feet east of the northwest corner of the Southwest Quarter of
W
o
~
J
said Section 2, thence south 70 feet, thence southwesterly to a
W
point 260 feet east of and 1140 feet south of the northwest corner
of the Southwest Quarter of said Section 2, thence west 88 feet,
W '\�1�
thence southerly to a point 180 feet east of and 800 feet north of
3
A
the southwest corner of said Section 2, thence east 120 feet,
y° `
v
thence northeasterly to a point 500 feet east of and 1110 feet
'
°
north of the ammak southwest corner of said Section 2, thence u
o
�
northF-Asterly to a point 860 feet east of and 1310 feet north of
ll
r
r
the southwest corner of said Section 2, thence northeasterly to a
°?}�
a
point 1215 feet east of and 1480 feet north of the southwest corner
cam;
of said Section 2, thence northeasterly to a point 1640 feet east
A
of and 1740 feet north of the southwest corner of said Section 2,
thence northeasterly to a point on the west right-of-way line of
v °
the Union Pacific Railway 580 feet south of the quarter section
line, thence southeasterly along the west right-of-way line of
Union Pacific Railway to a point 680 feet south of the quarter
section line, thence southwesterly to a point 1510 feet east ofd-
and 1370 feet north of the southwest corner of said Section 25,
thence northwesterly to a point 1245 feet east of and 1410 feet
north of the southwest corner of said Section 2, thence south-
westerly to a point 860 feet east of and 1230 feet north of the
southwest corner of said Section 2, thence southwesterly to a
point 380 feet east of and 800 feet north of the southwest corner
of said Section 2, thence southwesterly to a point 220 feet east
of and 231.57 feet north of the southwest corner of said Section
2, thence south to the south line of said Section 2, thence west
to point of beginning and containing 29.3 acres, more or less.
2. Construction easement. 20 feet wide, parallel and adjacent to
the north side of and parallel and adjacent to the south and east
sides of the right-of-way for levee described in 1(b) above and
containing 2.3 acres, more or less.
TRACT IV R
The following described tracts out of: All that part of the East
Half (Ek) of the Southwest Quarter (SWk) of Section 2 lying east
of the right-of-way of the Union Pacific, Lincoln and Colorado
Railway Company and south and east of the center of the channel of
Mulberry Creek; and all that part of the Southeast Quarter (SE k)
of said Section 2 lying west of the center of the channel of Dry
Creek, all in T -14-S, R -3-W;
The West Half (W2) of the Northeast Quarter (NES) of Section 2,
T -14-S, R -3-W, except a tract described as follows: beginning 1716
1
CJ
feet west of the southeast corner of said Northeast Quarter (NEk),
thence north 315 feet, thence west 138 feet, thence south 315 feet,
thence east 138 feet to place of beginning.
A part of the East Half (Ek) of the Northwest Quarter (NW4) of
Section 2, T -14-S, R -3-W, lying east of the center of channel of
Mulberry Creek, except a described tract in the northwest corner
containing 2.61 acres, more or less; and all that part of the East
Half (Ek) of the Northeast Quarter (NE k) of said Section 2 commencing
at a point 432 feet west of the northeast corner of the Northeast
Quarter of said Section 2, thence west along the north line of said
Section 2 to the northwest corner of the Northeast Quarter of the
Northeast Quarter; thence south on the quarter section line to the
southwest corner of the said northeast Quarter of the Northeast
Quarter, thence east along the south line of said Northeast Quarter
of the Northeast Quarter to a poitit within 460 feet of the southeast
corner of the said Northeast Quarter of the Northeast Quarter,
thence north 898 feet to the center of channel of Dry Creek, thence
down the center of channel of Dry Creek to the place of beginning,
except that portion east of Dry Creek and Dry Creek Cut-off, con-
taining approximately 13.16 acres, more or less.
1. Rights-of-way for channel changes, levee and separated areas:
(a) In the East Half of the Northwest Quarter, beginning at the
center of said Section 2, thence west on the quarter section line
to the center of Mulberry Creek, thence northerly along the center
of Mulberry Creek to a point in the center of Mulberry Creek 1770
feet north of the quarter section line, thence east 50 feet, thence
southeasterly to a point 1080 feet north of and 220 feet west of
the center of said Section 2, thence southeasterly to a point 715
feet north of and 115 feet west of the center of said Section 2,
thence southeasterly to a point on the quarter section line 590
feet north of the center of said Section 2, thence south to point
of beginning and containing 8 acres, more or less. (b) In Northeast
Quarter, beginning at a point on the quarter section line 20 feet
north of the center of said Section 2, thence north on the quarter
section line to a point 590 feet north of the center of said Section
2, thence southeasterly to a point 65 feet east of and 520 feet
north of the center of said Section 2, thence northeasterly to a
point 1280 feet north of and 1750 feet west of the southeast corner
of the Northeast Quarter of said Section 2, thence northeasterly to
a point where the west line of the East Half of the said Northeast
Quarter crosses the center line of Dry Creek, thence south 62
degrees 51 minutes east along the center line of the abandoned
channel of Dry Creek a distance of 214.01 feet, thence south 41
degrees 33 minutes east along the center line of the abandoned
Dry Creek channel a distance of 128.60 feet to a point where the
center line of abandoned Dry Creek channel intersects the south line
of the Northeast Quarter of the Northeast Quarter of said Section 2,
thence west to the east line of the West Half of the Northeast
Quarter of said Section 2, thence south on the east line of said
West Half of the Northeast Quarter to a point 290 feet north of the
quarter section line, thence west 100 feet, thence north to a point
1420 feet west of and 390 feet north of the southeast corner of
the northeast Quarter of said Section 2, thence vomAwesterly to a
p Q '
point 1716 feet west of and 3.0 feet port o the southeast corner
of the Northeast Quarter of said Section 2 thenceest�-�to a point ky�sT Iv
1916 feet west of and 315 feet north of the southeast corner of the
Northeast Quarter of said Section 2, thence southwesterly to a
point 20 feet north of and 2415 feet west of the southeast corner
of the Northeast Quarter of said Section 2, thence west to point of
- 12 -
beginning and containing 26.6 acres, more or less. Reserving and
granting to the owner access to the remaining land north of the
proposed levee and channel change a permanent ingress and egress
over the levee and over an overflow crossing to be constructed in
the new channel of Mulberry Creek.
(c) In the Southeast Quarter, beginning at a point 20 feet south of
the center of said Section 2, thence east 160 feet, thence south-
westerly to a point on the quarter section line 130 feet south of
the center of said Section 2, thence north to place of beginning
and containing 0.2 acres, more or less.
(d) In the Southwest Quarter, beginning at the center of said
Section 2, thence south on quarter section line 130 feet, thence
southwesterly to a point on the east right-of-way line of the Union
Pacific Railway 660 feet south of the quarter section line, thence
northwesterly along the east right-of-way of the Union Pacific
Railway to the center of Mulberry Creek, thence northeasterly along
the center of Mulberry Creek to the quarter section line, thence
east to point of beginning and containing 4.4 acres, more or less.
2. Permanent easement. 50 feet wide for channel improvements
(a) on Mulberry Creek in the Northwest Quarter of said Section 2,
beginning at a point 1770 feet north of the quarter section line,
thence following the meander of Mulberry Creek to a point 235.88
feet south of the north line of said Section 2 and containing
0.7 acres, more or less. (b) on Dry Creek in the East Half of
the Northeast Quarter of said Section 2, parallel and adjacent tc
the west bank of Dry Creek and Dry Creek Cut-off as it meanders
across the East Half of the Northeast Quarter of said Section 2
and containing 1.7 acres, more or less.
3. Construction easement. 20 feet wide parallel and adjacent to
the south side of the right-of-way described in 1(b), 1(c) and l(d)
above and containing 0.9 acres, more or less.
TRACT IV S
The following described tracts out of that part of the Southeast
Quarter (SEk) of the Northeast Quarter (NEk) of Section 2, T -14-S,
R -3-W, described as follows: Beginning at a point 84.6 feet west
of the southeast corner of said Northeast Quarter of Section 2,
thence north 185 feet, more or less, to the center of the channel
of Dry Creek, thence in a northerly and westerly direction up the
center of the channel of Dry Creek to its intersection with the
north line of the Southeast Quarter of the Northeast Quarter,
thence west along said north line to the northwest corner of said
Southeast Quarter of the Northeast Quarter, thence south along the
west line to the southwest corner of said Southeast Quarter of
the Northeast Quarter, thence east along the to beginning:
tL
1. Right-of-way for levee. Beginning at a point on the west line
of said property 290 feet north of the southwest corner of the
Southeast Quarter of the Northeast Quarter of said Section 2, thence
north 250 feet, thence east to a point 533 feet north of and 870
feet west of the southeast corner of the Northeast Quarter of said
Section 2, thence northeasterly to a point 573 feet north of and
- 13 -
fl
C
1
855 feet west of the southeast corner of the Northeast Quarter of
said Section 2, thence east 30 feet, thence southeasterly to a point
533 feet north of and 810 feet west of the southeast corner of the
Northeast Quarter of said Section 2, thence east to a point 541 feet
north of and 270 feet west of the southeast corner of the Northeast
Quarter of said Section 2, thence northwesterly to a point 710 feet
north of and 380 feet west of the southeast corner of the Northeast
Quarter of said Section 2, thence east to the center of abandoned
channel of Dry Creek (east line of said property), thence south-
easterly along the center of abandoned channel of Dry Creek to a
point 310 feet north of the south line of the Northeast Quarter of
acid Section 2, thence west to a point 190 feet west of and 310
feet north of the southeast corner of the Northeast Quarter of said
Section 2, thence northwesterly to a point 240 feet west of and
480 feet north of the southeast corner of the Northeast Quarter of
said Section 2, thence west to a point 810 feet west of and 473
feet north of the southeast corner of the Northeast Quarter of
said Section 2, thence southwesterly to a point 825 feet west of
and 443 feet north of the southeast corner of the Northeast Quarter
of said Section 2, thence west 30 feet, thence northwesterly to a
point 473 feet north of and 870 feet west of the southeast corner
of the Northeast Quarter of said Section 2, thence westerly to a
point 470 feet north of and 186 feet east of the southwest corner
of the Southeast Quarter of the Northeast Quarter of said Section 2,
thence westerly to a point 460 feet north of and 100 feet east of
the southwest corner of the Southeast Quarter of the Northeast
Quarter of said Section 2, thence south to a point 290 feet north
of and 100 feet east of the southwest corner of the Southeast
Quarter of the Northeast Quarter of said Section 2, thence west
to point of beginning and containing 2.5 acres, more or less.
2. Construction easement. 40 feet wide parallel and adjacent to
the west side of the right-of-way described in 1 above where it
parallels the abandoned Dry Creek channel and containing 0.3
acres, more or less.
3. Permanent easement for access road. 20 feet wide, beginning
at a point on the right-of-way described in 1 above, 100 feet east
of and 300 feet north of the southwest corner of the Southeast
Quarter of the Northeast Quarter of said Section 2, thence east
100 feet, thence southeasterly along existing traveled way on the
northeast bank of Dry Creek to the south line of the Northeast
Quarter of said Section 2 (Euclid Ave.) and containing 0.4 acres,
more or less.
TRACT IV T
The following described tracts out of all that part of the East Half
(E2) of the Northwest Quarter (NW'k) of Section 2, T -14-S, R -3-W,
lying west of the center of the channel of Mulberry Creek, except
the right-of-way of the Union Pacific, Lincoln and Colorado Railroad
Company and excepting also a lot containing 2.61 acres, described
as follows: Commencing at a point 4.29 chains east of the north-
west corner of the Northeast Quarter of the Northwest Quarter of
said Section 2, thence east on section line 9.03 chains to a post
on the east bank of Mulberry Creek, thence south on the east bank
of said Creek 3.58 chains to a post against the south side of a
hackberry tree, thence north 89 degrees west 1/48 chains to a stake
on the south side of a walnut tree, thence north 87 degrees west
2.53 chains to an oak post, thence north 55 degrees 20 minutes west
6 chains to place of beginning:
- 14 -
1
1. Right-of-way for channel widening on Mulberry Creek. Beginning
at a point on the quarter section line 520 feet west of the center
of said Section 2, thence northeasterly to a point 390 feet west
of and 400 feet north of the center of said Section 2, thence north-
westerly to a point 550 feet west of and 1375 feet north of the
center of said Section 2, thence northeasterly to a point 50 feet
west of the center of Mulberry Creek and 1770 feet north of the
quarter section line, thence east to center of Mulberry Creek,
thence southerly along the center of Mulberry Creek to the quarter
section line, thence west to point of beginning and containing 6.3
acres, more or less.
2. Permanent easement. 50 feet wide, for channel improvement,
beginning at a point 1770 feet north of the quarter section line
of said Section 2, thence northerly following the meander of
Mulberry Creek to a point 235.88 feet south of the north line of
said Section 2 and containing 0.7 acres, more or less.
TRACT IV U
The following described tracts out of that part of the Northeast
Quarter (NE4) of the Northwest Quarter (NW4) of Section 2, T -14-S,
R -3-W, described as follows: Commencing at a point 4.29 chains
east of the northwest corner of the Northeast Quarter of the
Northwest Quarter of said Section 2, thence due east on said section
line 9.03 chains to a post on the east bank of Mulberry Creek,
thence due south on east bank of said Creek 3.58 chains to a post
against the south side of a hackberry tree, thence north 89 degrees
west 1.46 chains to a stake on the south side of a walnut tree,
thence north 89 degrees west 2.53 chains to an oak post, thence
north 55 degrees west, 6.00 chains to the place of beginning,
containing 2.61 acres, more or less;
The Southwest Quarter (SW4) of Section 35, T -13-S, R -3-W, except
a strip of land 50 feet wide and 1000 feet long amounting to 1.15
acres deeded to drainage District No. 3 of Saline County, for
drainage purposes only, and also except right-of-way of the Union
Pacific Railroad:
1. Permanent easement for channel improvement. A strip of land
50 feet wide parallel and adjacent to the west bank of and a strip
of land 50 feet wide parallel and adjacent to the east bank of
Walnut Creek as it meanders across the foregoing described property
and containing 2.5 acres, more or less.
TRACT IV V
The following described tracts out of the Southwest Quarter (SW4)
of the Southeast Quarter (SE4) of Section 35, T -13-S, R -3-W:
1. Permanent easement for channel improvement. A strip of land
50 feet wide parallel and adjacent to the north bank of, the west
bank of, and a strip of land 50 feet wide parallel and adjacent
to the south bank of, the east bank of Mulberry Creek as it
meanders across the foregoing described property and containing
6.0 acres, more or less.
- 15 -
F1
IJ
TRACT IV W
The following described tracts out of the Southeast Quarter (SEk)
of the Southeast Quarter (SE k) of Section 35, T -13-S, R -3-W,
except U. S. Highway 81:
1. Permanent easement for channel improvements. A strip of land
50 feet wide parallel and adjacent to the north bank of and a
strip of land 50 feet wide parallel and adjacent to the south bank
of Mulberry Creek as it meanders across the foregoing described
property, a strip of land 50 feet wide parallel and adjacent to
the west bank of and a strip of land 50 feet wide parallel and
adjacent to the west bank of and a strip of land 50 feet wide
parallel and adjacent to the east bank of Dry Creek as it meanders
across the foregoing described property and containing 4.4 acres,
more or less.
TRACT IV X
The following described tracts out of that part of the Northeast
Quarter of the Northeast Quarter (NEk NE k) of Section 2, T -14-S,
R -3-W, which lies north and east of the center of the channel of
Dry Creek, subject to U. S. Highway 81:
1. Permanent easement for channel improvement. A strip of land
50 feet wide parallel and adjacent to the east bank of Dry Creek
where it is the west boundary of the foregoing described property
and containing 0.5 acres, more or less.
TRACT IV Y
The following described tracts out of a tract of land located in
the Northeast Quarter (NE k) of the Northeast Quarter (NE'k) of Section
2, T -14-S, R -3-W, east of Dry Creek and Dry Creek Cut-off containing
13.16 acres, more or less, subject to easement to City of Salina:
1. Permanent easement for channel improvement. A strip of land 50
feet wide parallel and adjacent to the east side of Dry Creek and
Dry Creek Cut-off where it is the west boundary of the foregoing
described property and containing 1.5 acres, more or less.
TRACT IV Z
The following described tracts out of a tract in the Southwest Quarter
(SW'k) of the Northwest Quarter (NW'k) of Section 1, T -14-S, R -3-W,
described as follows: Commencing at a point 1270 feet east and
315.7 feet north of the southwest corner of said Northwest Quarter,
being the northeast corner of College Court Addition to the City of
Salina, thence running west parallel with the south line of said
quarter section 1048 feet, more or less, to the center of the umni&
channel of Dry Creek, thence down the center of the channel of Dry
Creek to a point 736 feet north of said south line of said quarter
section, thence east parallel with said south line of said quarter
section 930 feet, more or less, to the west line of the public road,
known as Fifth Street, thence south on said line 420.3 feet to the
place of beginning, except three (3) tracts (Pestinger's Tracts No.
1, 2&3):
- 16 -
L7
1. Right-of-way for levee. Beginning at a point 1270 feet east of
and 505.7 feet north of the southwest corner of the Northwest
Quarter of said Section 1, thence west 450 feet, thence north to
a point 820 feet east of and 530 feet north of the southwest corner
of the Northwest Quarter of said Section 1, thence west to a point
365 feet east of and 530 feet north of the southwest corner of the
Northwest Quarter of said Section 1, thence southwesterly to a point
270 feet east of and 315.7 feet north of the southwest corner of the
Northwest Quarter of said Section 1, thence west to the center of the
abandoned channel of Dry Creek, thence northeasterly along the
abandoned channel of Dry Creek to a point 736 feet north of the
south line of said quarter section, thence east 50 feet, thence
southerly to a point 375 feet east of and 585 feet north of the
southwest corner of the Northwest Quarter of said Section 1, thence
easterly to a point 1067 feet east of and 601 feet north of the
southwest corner of the Northwest Quarter of said Section 1, thence
south to a point 1067 feet east of and 535.7 feet north of the
southwest corner of the Northwest Quarter of said Section 1, thence
east 203 feet, thence south to point of beginning and containing
1.8 acres, more or less. Reserving and grai'ing to the owner access
from Fifth Street to remaining lands north and south of the levee
a permanent ingress and egress on the levee from Fifth Street to
the down ramps serving the remaining tracts north and south of the
levee. Reserving however in the owners right to maintain an irri-
gation 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. Construction easement. 20 feet wide parallel and adjacent to
the north side of the west 677 feet and parallel and adjacent to
the south side of the west 455 feet of the right-of-way described
in 1 above and containing 0.5 acres, more or less.
TRACT IV AA
The following described tracts out of three described tracts of land
in the Southwest Quarter (SW4) of the Northwest Quarter (Nw4) of
Section 1, T -14-S, R -3-W:
1. Right-of-way for levee and road ramp over levee. (a) Beginning
at a point 1270 feet east of and 535.7 feet north of the southwest
corner of the Northwest Quarter of said Section 1, thence west parall-
el with the south line of said quarter 203 feet, thence north 60.3
feet, thence east to a point 1250 feet east of and 596 feet north of
the southwest corner of the Northwest Quarter of said Section 1,
thence northerly to a point 1260 feet east of and 735.7 feet north
of the southwest corner of the Northwest Quarter of said Section 1,
thence east 10 feet, thence soutlyto point of beginning and containing
0.33 acres, more or less. (b) Beginning at a point 1270 feet east
of and 315.7 feet north of the southwest corner of the Northwest
Quarter of said Section 1, thence west 10 feet, thence northerly to
a point 445.7 feet north of and 1255 feet east of the southwest corner
of the Northwest Quarter of said Section 1, thence east 15 feet,
thence south to point of beginning and containing 0.04 acres, more or
less.
2. Entrance ramp easement, 3 each, 20 feet by 20 feet at location of
existing entrances off of Fifth Street and adjacent to right-of-way
described in 1(a) and (b) above. North entrance adjacent to north
property line of tract 1(a) above and south entrance adjacent and
north of the south property line of tract 1(b) above, and middle
entrance adjacent and south of the property line described in 1(b)
above. - 17 -
C
L
L
TRACT IV BB
The following described tracts out of a tract located in the South-
west Quarter (SW4) of the Northwest Quarter (NW4) of Section 1,
T -14-S, R -3-W, described as follows: The north 60 feet of a tract,
beginning at a point 1270 feet east and 315.7 feet north of the
southwest corner of said Northwest Quarter, being the northeast
corner of College Court Addition, thence west and parallel with
the south line of said quarter section, 225 feet, thence north
parallel with the east line of said quarter section 190 feet, thence
east and parallel with the south line of said quarter section 225
feet, thence south and parallel with the east line of said quarter
section 190 feet to the place of beginning:
1. Right-of-way for road ramp over levee. Beginning at a point
1270 feet east of and 44,5'.7 feet north of the southwest corner of
the Northwest Quarter of said Section 1, this being the southeast
corner of the foregoing described tract, thence west on south
property line 15 feet, thence northerly to point on north property
line 20 feet west of northeast corner of said property, thence east
20 feet, thence south to point of beginning and containing 0.025
acres, more or less.
2. Entrance Ramp easement. A tract of land 15 feet wide adjacent
to the south property line and 35 feet long adjacent to and west
of the right-of-way described in 1 above and containing 0.012
acres, more or less.
TRACT IV CC
The following described tracts out of the Southwest Quarter (SW4)
of the Northeast Quarter (NE4), and the Southeast Quarter (SE4) of
the Northwest Quarter (NW4) of Section 1, T -14-S, R -3-W, except
approximately the south 260 feet of the west 300 feet of said
Southeast Quarter of the Northwest Quarter of said Section 1:
1. Right-of-way for levee and roadway. (a) Beginning at a point
30 feet east of and 260 feet north of the southwest corner of the
Southeast Quarter of the Northwest Quarter of said Section 1, thence
north 85 feet, thence northeasterly to a point 50 feet east of and
412 feet north of the southwest corner of the Southeast Quarter of
the Northwest Quarter of said Section 1, thence southwesterly to
point of beginning, and (b) Beginning at a point 50 feet east of
and 552 feet north of the southwest corner of the Southeast Quarter
of the Northwest Quarter of said Section 1, thence northwesterly to
a point 30 feet west of and 697 feet north of the southwest corner
of the Southeast Quarter of the Northwest Quarter of said Section 1,
thence north 183 feet, thence southeasterly to a point 60 feet east
of and 590 feet north of the southwest corner of the Southeast
Quarter of the Northwest Quarter of said Section 1, thence south-
easterly to a point 230 feet east of and 552 feet north of the
southwest corner of the Southeast Quarter of the Northwest Quarter
of said Section 1, thence westerly to place of beginning, tracts
(a) and (b) containing 0.2 acres, more or less.
2. Construction easement. 20 feet wide, adjacent and parallel to
the east and north sides of the right-of-way described in 1(a) and
(b) above, and containing 0.3 acres, more or less.
1
TRACT IV DD
1. Right-of-way for existing levee and outfall drain. Commencing
at the southwest corner of the North Half (Nk) of the Southwest
Quarter (SW'k) of Section 14, T -14-S, R -3-W, running thence east
along the south side of said North Half of Southwest Quarter of
said Section 14, 100 feet, thence north parallel with the west
line of said Section 14 to the center of the New Dry Creek
Channel, thence west in center of New Dry Creek Channel 100 feet
to the west line of said Section 14, thence south along the west
line of said Section 14 to the place of beginning and containing
0.45 acres, more or less.
TRACT IV EE
1. Right-of-way for levee and channel change. All that part of
the Southwest Quarter (SWk) of the Southwest Quarter (SW'k) of
Section 23, lying west of the center of the channel of Dry Creek,
except the right-of-way of any public road thereon, in T -14-S,
R -3-W, containing 0.94 acres, more or less, subject to an easement
dated May 21, 1953, executed by L. B. Soldan and Board of County
Commissioners, conveying to the County of Saline, State of Kansas,
an easement over said real estate, for road purposes, for as long
as said real estate is required and used for said purposes, if
ever abandoned and vacated all of the right, title and interest of
second party shall cease and determine and the same shall revert
to party of the first part, his or their grantees, heirs, successors
or assigns. Said easement was filed May 14, 1954, at 4:00 p.m.
and recorded in Misc. Book 61, pages 105-106.
TRACT IV FF
The following described tracts out of part of the Northeast
Quarter (NEk) of Section 23, T -15-S, R -3-W:
1. Right-of-way for Channel widening and deepening: Beginning
at a point on the west right-of-way for Highway U.S. 81, 1426 feet
south of and 80 feet west of the northeast corner of said Section
23, thence northwesterly to a point 1250 feet south of and 520 feet
west of the northeast corner of said Section 23, thence west to the
east right-of-way line of Interstate Highway No. 8, thence north
on the east line of Interstate Highway No. 8 to a point 50 feet
north of the center line of Dry Creek, thence southeasterly parallel
and 50 feet north of the center of Dry Creek to the right-of-way
for channel change acquired by State Highway Commission as described
in Book 17, page 70, of the Register of Deeds, Saline County, Kansas,
thence southwesterly and southeasterly along the west and south line
of the right-of-way acquired by State Highway Commission for said
channel change to a point 1372.8 feet south of and 80 feet west of
the northwest corner of said Section 23, thence south to point of
beginning and containing 4.7 acres, more or less. (Note: Foregoing
described right-of-way not shown on Property Maps No. 9B and 10B.)
2. Permanent easement. 50 feet wide, parallel and adjacent
to the center line of Dry Creek, from the west line of said North-
east Quarter of said section 23 east to the right-of-way of
Interstate Highway No. 8, containing 1.4 acres, more or less.
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. This ordinance shall take effect and be in force
from and after its publication once in the official city paper.
Approved this day of T� , 1958.
u Mayor
Introdueed:
Passed:
Attest:
City Clerk
- 19 -
1