6309 Eminent Domain - Flood1
ORDINANCE NO. y09
(Published in The Salina Journal
1 i
} 1959)
AN ORDINANCE providing for the condemnation of certain
property for the purpose of providing necessary land and ease-
ments for the use of the City of Salina, Kansas, in the develop-
ing, 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, Kansas, to provide for an adequate flood control system
which includes the necessary construction of channels, levees,
embankments, etc.; 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
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 Corps of Engineers; and
WHEREAS, in connection with said improvement program the said
Board of Commissioners deem that the real estate herein described
is necessary for the purpose of providing land and easements
necessary to construct drains, channels, and artifical watercourses
and/or to widen and straighten existing drains and watercourses
and/or to construct necessary levees and embankments 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 prop-
erty located in Saline County, Kansas, be acquired by gift, pur-
chase or by condemnation and eminent dorpain as provided by law for
the purpose of acquiring the necessary land and easements for the
construction of the said Salina Flood Control System.
Section 2. That the following property located in Saline
County, Kansas, not heretofore acquired by gift or purchase be
and it is hereby condemned for the general purpose of widening the
North Street Road near the approach to the levee ramp across said
road, to -wit:
TRACT A
A tract of land in the Southwest Quarter (SWq),
Section Eight (8), Township Fourteen (14) South, Range
Two (2) West of the Sixth Principal Meridian, Saline
County, Kansas, beginning at a point twenty (20) feet
South of the Northwest corner of said quarter section,
thence East one hundred thirty five (135) feet, thence
Southeasterly to a point two hundred fifty five (255)
feet East of and forty five (45) feet South of the
Northwest corner of said quarter section, thence West
two hundred fifty five (255) feet, thence North twenty
five (25) feet to the place of beginning.
TRACT B
A tract of land in the Southwest Quarter (StNq),
Section Eight (8), Township Fourteen (14) South, Range
Two (2) West of the Sixth Principal Meridian, Saline
County, Kansas, beginning at a point forty five (45) 1'
feet South of and three hundred twenty five (325) feet
East of the Northwest corner of said quarter section,
thence Northeasterly to a point twenty (20) feet South
of and four hundred Sixty -Five ( 465) - -. f e e t East of t h e
Northwest corner of said quarter section, thence East
three hundred eighty five (385)'feet, thence Southwesterly
to the point of beginning.
TRACT C .0
A tract of land in the/Subdivision of the Thomas
White Farm being a part of the Northeast Quarter (NE -1)
of the Southeast Quarter (SE'), Section Seven (7), Town- j
ship Fourteen (14) South, Range Two (2) West of the J
Sixth Principal Meridian, Saline County, Kansas, beginning
at a point twenty (20) feet South of the Northeast corner
of the Southeast Quarter (SE- of said Section Seven (7),
Thence West three hundred (300) feet, thence Southeasterly
to a point forty five (45) feet South of the Northeast
corner of said Southeast Quarter (SEq), thence North to the
point of beginning.
and for access during the construction of the Salina Flood Control
Project, to -wit:
TRACT D
A construction easement for and during the construction
of the Salina Flood Control Project over the existing road-
way adjoining the East side of the Southwest Quarter (SW')
of the Southeast Quarter (SEq), Section Thirty Five (35),
1
1
Township Thirteen (13) South, Range Three (3) West
of the Sixth Principal Meridian, Saline County,
Kansas, from the North line of said tract South to
the permanent easement owned by the City of Salina,
Kansas, and over the East fifteen (15 ) feet of the
Northwest Quarter (NW -14) of the Southeast Quarter (SEI)
of said Section Thirty Five (35)
TRACT E
A construction easement for and during the construc-
tion of the Salina Flood Control Project over the exist-
ing roadway adjacent to the East side of the Northwest /%rr
Quarter (NW-1of the Southeast Quarter (SEI), Section l�
Thirty Five (35), Township Thirteen (13) South, Range
Three (3) West of the Sixth Principal meridian, Saline
County, Kansas.
Section 3. That it is the opinion of the 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 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 3rd day of
ATTEST:
�A ' U "
City Clerk---
(SEAL)
lerk_
(SEAL)
March
, 1959.
Introduced: February 17, 1959
Passed: March— - 3. 1959
J
gEl
Introduced: February 17, 1959
Passed: March— - 3. 1959