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6285 Eminent Domainf i�I L ORDINANCE NO. 6285 (Published in The Salina Journal C ���Ejri 1958) AN ORDINANCE condemning certain land within the City of Salina, Kansas, for the use of said city in the widening and extending of Ohio Street in the City of Salina, Kansas, to the south line of I Albert Avenue, and Max Avenue from the east line of Quincy Street to the west line of Norton Street, and Max Avenue from a point on Max Avenue Two Hundred Three and five -tenths (203.5) feet east of the east line of Norton Street to the center line of Roach Street; fixing a benefit district therefor; and providing for the payment of the cost thereof. WHEREAS, the governing body of the City of Salina, Kansas, on the 21 day of October, 1958, found it necessary to appropriate certain private property located in the City of Salina, Kansas, for the use of said city in the widening and extending of Ohio Street in the City of Salina, Kansas, to the south line of Albert Avenue, and Max Avenue from the east line of Quincy Street to the west line of Norton Street, and Max Avenue from a point on Max Avenue Two Hundred Three and five - tenths (203.5) feet East of the East line of Norton Street to the center line of Roach Street, and directed the City .Engineer of the City of Salina, Kansas, to make a survey and description of the lands so acquired; and WHEREAS, on the 27 day of October, 1958, a survey and description of the lands so acquired was duly filed with the City Clerk; SO, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS: Section 1. The following described land was hereby condemned and appropriated for the use of the City of Salina, Kansas, for the widening and extending of Ohio Street in the City of Salina, Kansas, to the south line of Albert Avenue, and Max Avenue from the East line of Quincy Street to the West line of Norton Street, and Max Avenue from a point on Max Avenue Two Hundred Three and five -tenths (203.5) feet east of the east line of Norton Street to the center line of Roach Street, to -wit: Tract 1 The South Thirty (30) feet of Lot Six (6), Block One (1) in Southern View Addition to the City of Salina, 1 1 Kansas, being a part of the Northwest Quarter (NW4) of the Northeast Quarter (NE4), Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas. Tract 2 The South Thirty (30) feet of Lot Seven (7), Block One (1) in Southern View Addition to the City of Salina, Kansas, being a part of the Northwest Quarter (NW -1) of the Northeast Quarter (NE4), Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas. Tract 3 The South Thirty (30) feet of Lot Eight (8), Block One (1) in Southern View Addition to the City of Salina, Kansas, being a part of the Northwest Quarter (NW4) of the Northeast Quarter (NEI), Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas. Tract 4 The South Thirty (30) feet of Lot Nine (9), Block One (1) in Southern View Addition to the City of Salina, Kansas, being a part of the Northwest Quarter (NW -1) of the Northeast Quarter (NEI), Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas. Tract 5 The South Thirty (30) feet of Lot Ten (10), Block One (1) in Southern View Addition to the City of Salina, Kansas, being a part of the Northwest Quarter (NW4) of the Northeast Quarter (NE4), Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas. Tract b The South Thirty (30) feet of Lot Eleven (11), Block One (1) in Southern View Addition to the City of Salina, Kansas, being a part of the Northwest Quarter (NWI) of the Northeast Quarter (NED , Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas. Tract 7 That part of the Southern View Addition to the City of Salina, Kansas, in the Northwest Quarter (NWI) of the Northeast Quarter (NEI), Section Twenty Five (25), Town- ship Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas, commenc- ing at a point in the center of Max Avenue Two Hundred Three and five -tenths (203.5) feet East of the East line of Norton Street, thence East along the center line of Max Avenue to the center line of Roach Street, thence North Thirty (30) feet, thence West and parallel to the center line of Max Avenue to a point Two Hundred Three and five -tenths (203.5) feet East of the East line of Norton Street, thence South Thirty (30) feet to the point of beginning. Ll Tract 8 Beginning at the Northwest (NW) corner of Section Thirty (30), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, Saline County, Kansas, thence South along West line of said Section Fourteen�k-14t One Thousand Three Hundred Nineteen and five -tenths (1319.5) feet to the center line of Albert Avenue, thence East Fifty (50) feet, thence North and parallel to the West line of said Section Fourteen (-t43� One Thousand Three Hundred Nineteen and five -tenths a (1319.5) feet to the North line of said Section Fourteen,( -14J, thence West Fifty (50) feet to point of beginning. Section 2. It is found that the owners north on Max Avenue from the East line of Quincy Street to the West line of Norton Street, and the owners north of Max Avenue from a point Two Hundred Three and five -tenths (203.5) feet east of the east line on Norton Street to the center of Roach Street, and the owners west of Ohio Street from Cloud Street to Albert Street have hereto dedicated to the city one-half of the proposed heretofore named streets and there- fore should not be included in the benefit districts for the purpose of the condemnation herein contemplated. It is further found that the following described real property within the City limits of the City of Salina, Kansas, will be specifically benefitted by the reason of the acquisition of said land, and the same shall be known as the benefit districts, to -wit: BENEFIT DISTRICTS A. The South one-half (S -Z) of Block One (1) in Southern View Addition to the City of Salina, Kansas, being a part of the Northwest Quarter (NW4) of the Northeast Quarter (NE4), Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas. B. Beginning at a point One Thousand Three Hundred Fifty Three and four -tenths (1,353.4) feet west and Two Hundred Fifty Two and five -tenths (252.5) feet South of the Northeast Corner of Section Twenty Five (25), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, Saline County, Kansas, thence north Two Hundred Fifty Two and five -tenths (252.5) feet, thence west and parallel to the north line of said Section Twenty Five (25) Four Hundred Seven (407) feet, thence north Two Hundred Fifty Two and five -tenths (252.5) feet, thence East and parallel to the north line of said Section Twenty Five (25) to the point of beginning. C. Beginning at a point Fifty (50) feet East of the Northwest Corner of Section Thirty (30), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal merid- ian, Saline County, Kansas, thence East Two Hundred (200) feet, thence South and parallel to the West line of said Section Thirty (30) One Thousand Three Hundred Nineteen and five -tenths (1,319.5) feet to the center line of Albert Avenue extended East, thence West Two Hundred (200) feet, thence North and parallel to the West line of said Section Thirty (30) to the place of beginning. C 1 Section 3. That Rudolph Barta, City Attorney, is hereby ordered to forthwith prepare and present in the name of the Board of Commissioners of the City of Salina, Kansas, a written application to the Judge of the District Court of Saline County, Kansas, praying for an order of appointment of commissioners to make appraisement and assessment of damages arising from the appropriation of said real estate described in Section 1 hereof and do and perform all things in and about procuring and recording said order of appoint - went required by law. Section 4. That for the payment of the cost thereof, the Board of Commissioners shall issue Improvement Bonds of the City of Salina, Kansas, in an amount not to exceed the total cost of acquiring said land herein condemned, except as herein provided, to be payable in ten (10) approximately equal annual installments to bear interest at not to exceed five per cent per annum from the date of such bonds and for the purpose of paying such bonds and interest as they severally mature, the Board of Commissioners shall: Number 1. Apportion and assess the lots and pieces of ground within the benefit districts, special assessments cover- ing such portion of the cost of such land so acquired as shall be chargeable to said benefit district, such assessment and apportionment ordinance shall contain the total amount of tax apportioned to such tract, piece or parcel of land within such taxing districts and shall state the number of annual installments in which such tax is to be collected; and thereafter the City Clerk shall annually, at the same time that other taxes are certified, certify to the County Clerk of Saline County, Kansas, a full list of all property liable for such work and improvements, together with the respective numbered amounts due on each of said tracts, pieces or parcels of land, which amounts shall include the annual installments and interest on all unpaid balances for one year at the rate of not to exceed five per cent per annum, on such amounts so certified, which shall be collected as other taxes are collected. Number 2. Annually levy a tax upon all real and personal property in the City of Salina, Kansas, in an amount sufficient to pay the annual installment of principal and interest on that portion of the cost of such land so acquired as shall be chargeable to the city at large; and providing the issue of such bonds, temporary notes shall be issued according to law, to pay the cost of acquiring such land. Section 5. This ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced: October 28th , 1958 Passed: November 4th , 1958 Attest: City Clerk