6185 Eminent DomainCONSOLIDATED -S AL:NA
1
t
1
ORDINANCE NO.
618
(First Published in The Salina
Journal
f
AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF CERTAIN PRO-
PERTY FOR THE PURPOSE OF PROVIDING NECESSARY LAND AND EASEMENTS
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
described is necessary for the purpose of providing land and
easements necessary to construct drains, canals and artificial
watercourses and/or to widen and straighten existing drains and
watercourses 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 con-
trol 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 con-
structed 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 pro-
vided 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 purposes hereinabove
set forth and for such special purposes as specifically des-
cribed hereunder.
(Reference to Flood Protection, Salina, Kansas, Property
Map No. 2 prepared by Wilson and Company, Engineers,
filed with City Clerk.)
- 1 -
CONSOLIDATED-SALINA
1
1
r
(Tract A)
For permanent easement. Beginning at a point on half
section line 1163 feet east of the northwest corner of
the Southwest Quarter (SWk) of Section 8, T -14-S,
R -2-W, thence South 34034' West 248 feet, thence South
29036' West 320 feet, thence North 60024' West 20 feet,
thence North 29036' East 320 feet, thence North 34034'
East 240 feet to the half section line, thence East on
the half section line to point of beginning, containing
0.26 acres, more or less.
(Tract B)
The following described tracts out of the South Half
(Sk) of the Northwest Quarter (NW'k) of Section 8,
T -14-S, R -2-W, north and west of the Smoky Hill River:
(a) Beginning at a point on the south right-of-way line
of the Missouri -Pacific Railroad where it crosses the
half section line, being 1224.65 feet north of the
southeast corner of the Northwest Quarter (NW'k) of said
section, thence west 20 feet on the south right-of-way
of the Missouri -Pacific Railroad, thence southwesterly
to a point 377 feet south of and 123.4 feet west of
place of beginning, thence southwesterly to a point
569.4 feet south of and 242.25 feet west of place of
beginning, thence southeasterly 100 feet to the center
of the Smoky Hill River, thence northeasterly along the
center of the Smoky Hill River to east line of said
property, thence north on east property line 330 feet
more or less to the place of beginning, containing 1.1
acres, more or less.
(b) Permanent easement, 50 feet wide parallel and ad-
jacent to the northwest bank of the Smoky Hill River
through the South Half (Sk) of the Northwest Quarter
(NW'k) of Section 8, T -14-S, R -2-W, containing 1.3 acres,
more or less.
(c) Construction easement, 20 feet wide parallel and
adjacent to and on the north and west side of permanent
easement, containing 0.5 acres, more or less.
(Tract C)
The following described tracts out of that part of the
South Half (Sk) of the Northwest Quarter (NW'k) of Section
8, T -14-S, R -2-W, lying south of the Smoky Hill River:
(a) Beginning at a point 636 feet north of the south-
east corner of the Northwest Quarter (NW'k) of Section
8, T -14-S, R -2-W. thence north on said line to the
center of the Smoky Hill River, thence southwesterly
along the center of the Smoky Hill River to a point in
the center of the Smoky Hill River 174 feet west of and
590 feet north of said southeast corner, thence south-
easterly to a point 105.6 feet west of and 525 feet
north of said southeast corner, thence northeasterly to
point of beginning, containing 0.6 acres, more or less.
- 2 -
1
(b) Permanent easement, 50 feet wide parallel and adja-
cent to the southeast bank of the Smoky Hill River
through the South Half (Sk) of the Northwest Quarter
(NWk) of Section 8, T -14-S, R -2-W, south of the Smoky
Hill River, except that land described above in "a",
containing 1.3 acres, more or less.
(c) Construction easement, 20 feet wide parallel and
adjacent on the south and east side of the permanent
easement described above in "b", containing 0.5 acres,
more or less.
(Tract D)
The following described tracts out of the West Half (W�)
of the Northeast Quarter (NEk) of Section 8, T -14-S,
R -2-W:
(a-1) Beginning on west property line at the south
right-of-way line of Missouri -Pacific Railroad, thence
south on west property line 588.7 feet, thence north-
easterly to a point 330 feet south of and 228.8 feet
east of place of beginning, thence northeasterly to a
point on south right-of-way of Missouri -Pacific Railroad
370.2 feet east of place of beginning, thence west
370.2 feet to place of beginning, containing 2.9 acres,
more or less.
(a-2) Beginning at northwest corner of the West Half
(Wk) of the Northeast Quarter (NEk) of Section 8, T -14-S,
R -2-W, thence east to the northeast corner of said pro-
perty, thence south on east property line 138 feet,
thence southwesterly to a point 360 feet south of and
361 feet west of northeast corner of said property,
thence southwesterly to a point 725 feet south of and
693 feet west of northeast corner of said property,
thence southwesterly to a point on the north right-of-way
of Missouri -Pacific Railroad 375.75 feet east of west
property line, thence west on north right-of-way line
to center of Smoky Hill River, thence northwesterly along
center of Smoky Hill River to west property line, thence
north on west property line to place of beginning, con-
taining 22.4 acres, more or less.
(b-1) Permanent easement, 20 feet wide for maintenance
road parallel and adjacent to the east side of the West
Half (Wk) of the Northeast Quarter (NEk) of Section 8
and adjacent to the north right-of-way line of Missouri -
Pacific Railroad across the East Half (Ek) of the North-
east Quarter (NEk) of said Section 8, containing 1.2
acres, more or less.
(Tract E)
The following described tract out of the West Half (W�)
of the Southwest Quarter (SWC) lying south of the right-
of-way of the Union Pacific Railway in Section 5,
T -14-S, R -2-W:
- 3 -
" J-Nl:IMDAILD-$^,LIM
1
n
1
(a) Construction easement in order to fill abandoned
channel of Smoky Hill River over culvert and over exist-
ing ramps to existing levee, consisting of 40 -foot wide
strip immediately north of and parallel to the south
line of Section 5, T -14-S, R -2-W, running from the south-
west corner of said section, thence east to the river.
(Tract F)
The following described tracts out of the West Half (Wk)
of the Southeast Quarter (SEk) and the East Half (Ek)
of the Southwest Quarter (SW'k) of Section 5, T -14-S,
R -2-W:
(a) Beginning at the southeast corner of the West Half
(W�) of the Southeast Quarter (SEk) of said section,
thence north 75 feet, thence southwest to a point 175
feet west of point of beginning, thence east 175 feet
to place of beginning, containing 0.15 acres, more or
less, together with water rights to the .,bandoned chan-
nel of the Smoky Hill River, reserving, however, in the
owners right to exercise water rights in the new chan-
nel across the southeast corner of said property pro-
viding said exercise does not interfere with the City
of Salina's use of that portion of the above-described
tract used by the City of Salina for roadway purposes;
also reserving and granting access to the remainder of
said land, a permanent ingress and egress across the
West Half (Wk) of the Northeast Quarter (NEk) of Section
8, T -14-S, R -2-W, as shown on Property Map No. 2.
(b) Permit to fill abandoned channel of Smoky Hill River
and a 40 -foot construction easement parallel and adja-
cent thereto:
(1) Beginning near the southeast corner of said
property north along the to be abandoned channel
of Smoky Hill River approximately 1400 feet (1.6
acres in channel and 1.3 acres in easement).
(2) Beginning at the south line of East Half (E�)
of Southwest Quarter (SW'k) of said section, thence
northwesterly along the to be abandoned channel of
Smoky Hill River for a distance of approximately
450 -feet (in channel .05 acres, in easement 0.4
acres).
(Tract G)
The following described tracts out of the West Half (Wk)
of the Southwest Quarter (SW'k) of Section 4, except
that part west of the river, and part of the East Half
(Ek) of the Southeast Quarter (SEk) of Section 5 north
and east of the river and that part of the Northeast
Quarter (NE'k) of the Northeast Quarter (NE'k) of Section
8 north and east of the river, all in T -14-S, R -2-W:
(a) Beginning at the southwest corner of said Section
4, thence north on section line 290 feet, thence east
- 4 -
1
LJI
1
80 feet, thence southeast to a point 250 feet east of
and 180 feet north of said southwest corner, thence east
to east line of West Half (A) of Southwest Quarter
(SWk), thence south 180 feet to the section line, thence
west on section line to point of beginning, containing
5.9 acres, more or less, reserving and granting access
to the land in Section 5, T -14-S, R -2-W, across that
portion of the right-of-way where it crosses the to be
j abandoned channel of the Smoky Hill River.
(b) Permission to fill the to be abandoned channel in
the area east of the abandoned channel in the southeast
corner of the West Half (W�) of the Southwest Quarter
(SWk) of said Section 4 from said corner north approxi-
mately 625 feet.
(c) Permission to fill the to be abandoned channel of
the Smoky Hill River where it is the west and south pro-
perty line of said property in the Northeast Quarter
(NEk) of the Northeast Quarter (NEk) of said Section 8.
(Tract H)
The following tracts out of that part of the East Half
(Ek) of the Southeast Quarter (SEk) of Section 5, T -14-S,
R -2-W, lying south of the Smoky Hill River and that part
of the Southwest Quarter (SWk) of the Southwest Quarter
(SWk) of Section 4, T -14-S, R -2-W, lying west of the
center of the channel of the Smoky Hill River along the
west line of said quarter section in Saline County,
Kansas, and that part of the Northeast Quarter (NEk) of
the Northeast Quarter (NEk) of Section 8, T -14-S, R -2-W,
described as follows: Beginning at a stone at the north-
west corner of the Northeast Quarter (NEk) of said
Section 8, thence south along the west line of the
Northeast Quarter (NEk) of the Northeast Quarter (NEk)
of said Section 8 1211.5 feet, thence due east 649
feet, thence due north 631 feet to an iron pin on the
west bank of the Smoky Hill River, thence due east 50
feet, more or less, to the center of the channel of said
river, thence following along the center of the channel
in a north and east direction to the intersection of the
north line of said Section 8, thence due west along the
north line of said Section 8 a distance of 872 feet,
more or less, to the point of beginning:
(a-1) In Section 8 beginning at the northwest corner
of the Northeast Quarter (NEk) of the Northeast Quarter
(NEk), thence south 138 feet, thence northeasterly to a
point on the north line of said Section 8 500 feet
east of point of beginning, thence west 500 feet to
point of beginning, containing 0.8 acres, more or less.
(a-2) In Section 5 beginning at southwest corner of
East Half (Ek) of the Southeast Quarter (SEk) of said
section, thence east on the section line to the south-
east corner of said section, thence north on east section
line 290 feet, thence west 186 feet, thence southwesterly
t
1
to a point 180 feet north of and 439 feet west of said
southeast, corner, thence west parallel to south section
line to a point 180 feet north of and 450 feet east of
point of beginning, thence southwesterly to a point on
west property line 75 feet north of point of beginning,
thence south 75 feet to point of beginning, containing
5.7 acres, more or less, reserving and granting access
to land in Section 4, T -14-S, R -2-W, across that portion
of the right-of-way where same crosses the to be aban-
doned channel of the Smoky Hill River as shown on
Property Map No. 2.
(b) Permit to fill the to be abandoned channel of
Smoky Hill River and a 40 -foot wide construction ease-
ment parallel and adjacent thereto as follows:
(1) Beginning near the southwest corner of the
East Half (Ek) of the Southeast Quarter (SEk) of
said Section 5, thence north approximately 450
feet (0.8 acres).
(2) Beginning at the northeast corner of said
tract of land in the Northeast Quarter (NEk) of the
Northeast Quarter (NEk) of said Section 8, thence
southerly along the center line of the Smoky Hill
River to a point 518.5 feet south of the north line
of said section (0.8 acres in channel, 0.4 acres in
easement).
(Tract I)
The following described tracts of land out of The East
Half (Ek) of the Southwest Quarter (SWk) and the West
Half (W�) of the Southeast Quarter (SEk) in Section 4,
T -14-S, R -2-W, and the North Two (2) rods of the East
Eighty-two (82) rods of the Northeast Quarter (NEk) of
Section 9, T -14-S, R -2-W:
(a) Beginning at southwest corner of the East Half (E�)
of the Southwest Quarter (SWk), Section 4, T -14-S, R -2-W,
thence north 180 feet, thence northeasterly to a point
392.4 feet north of and 696.1 feet east of point of be-
ginning, thence northeasterly to a point 570 feet north
of and 995.15 feet east of point of beginning, thence
northeasterly to a point 756.9 feet north of and 1113.95
feet east of point of beginning, thence northeasterly to
a point 845 feet north of and 1233.75 feet east of point
of beginning, thence easterly to a point 859.25 feet
north of and 1448 feet east of point of beginning, thence
northeasterly to a point 1026.9 feet north of and 1773.8
feet east of point of beginning, thence southwesterly to
a point 585.65 feet north of and 1448 feet west of point
of beginning, thence southwesterly to a point on south
line of said section 400 feet east of point of beginning,
thence west on said section line 400 feet to the point
of beginning, containing 9.1 acres, more or less, together
with water rights on the to be abandoned channel of the
Smoky Hill River, reserving, however, in the owners the
right to exercise water rights in the new channel providing
�'t
CONSOLIDATED -SAUNA
I
1
ORDINANCE NUMBER 6186
(Published in The Salina Journal ,��j2 �t',M 1)49 t' % , 1957) �
AN ORDINANCE for the vacation of an East and West Alley within the City of Salina, Saline
County, Kansas.
BE IT ORDAINED By the Board of Commissioners of the City of Salina, Kansas:
Section 1. That the East and West Alley abutting Lots 23, 25, 27, and 29 on Claflin
Avenue and Lots 24, 26, 28, and 30 on Russell Avenue in the Addition to Grounds of Kansas
Wesleyan University to the City of Salina, Saline County, Kansas, be and it is hereby
vacated; provided, however, that the City reserves the right to construct, repair and
maintain sewers, water lines, electric lines, telegraph lines, gas lines and other utility
lines in said alley.
i
Section 2. That the alley hereby vacated shall revert, subject to the reservations
aforesaid, to the adjoining land as provided by law.
Section 3. That this Ordinance shall be in full force from and after its Pdoption
and publication once in the official city paper. j
17
Introduced: SeptemberiW, 1957
24
Passed: September iW 1957
----� - May
(SEAL)
Attest:
City Clerk