6285 Eminent Domainf
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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
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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,
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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.
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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.
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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