6208 Eminent Domain1
�
(fit Published in the Salina Journal, .3 l 1958. )
ORDINANCE NO. ��10 t
AN ORDINANCE providing for the condemnation of certain property
for the purpose of providing necessary land and easements, permits
and rights 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 to pro-
vide 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 water -courses and/or to
widen and straighten existing drains and watercourses and/or to con-
struct 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 fix 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 here-
to 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 purpose
of acquiring the necessary land and easements for the construction of
the said Salina Flood Control Systems.
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 Flood Protection, Salina, Kansas, Property Maps
No. 5, 5b and 6 prepared by Wilson 8 Compan , Engineers and Architects
filed with the City Clerk of Salina, Kansas.
Definition of Terms: (1) Flowway easement. Unless otherwise
designated, the term "flowway easement" shall consist of a perpetual
easement to occasionally, temporarily and intermittently overflow,
seep, flood and flow water on, over and across the land described
in said flowway easement area as shown on the apropriate Property
Map in connection with the construction, operation and maintenance
of the Salina Flood Control Program, said rights and easements to be
free and clear of liens and encumbrances except for oil, gas and
other mineral rights reserved to or outstanding in third parties and
1
1
1
any existing rights-of-way in favor of the public or third parties
for roads, railroads, telephone lines, transmission lines, ditches,
conduits or pipelines on, over or across said lands, with the owners
of the land described in said flowway easement areas, their heirs,
successors and assigns having the right to occupy and use said land
for any purpose, provided, however, that no structures for human
habitation shall be hereafter constructed except as may be approved
in writing after written application by the landowner to and approved
by the representatives of the United States in charge of the con-
struction of the Flood Control Project and the City of Salina,
(2) Overflow Easement. Unless otherwise designated, the term
"overflow easement" shall consist of a perpetual easement to occasion-
ally, temporarily and intermittently overflow, seep, flood, and flow
water on, over and across the land described in said overflow ease-
ment area and as shown on the appropriate Property Map, lying between
such mean sea level elevations as specifically designated in the
legal descriptions hereafter set forth in connection with the con-
struction, operations and maintenance of the Salina Flood Control
Program, said rights and easements to be free and clear of liens
and encumbrances except for oil, gas and other mineral rights reserved
to or outstanding in third parties and any existing rights-of-way in
favor of the public or third parties for roads, railroads, telephone
lines, transmission lines, ditches, conduits or pipelines on, over
or across said lands with the owners of the land described in said
overflow easement areas, their heirs, successors and assigns having
and retaining the right to occupy and use said land for any purpose,
subject to the above said easement to seep, flood and flow.
(3) Permit to partially fill - shall mean the right to par-
tially fill the to be abandoned channel to an elevation to provide
positive drainage.
(4) Right-of-way for levee and right-of-way for channel -
shall mean fee title to the property specifically described except
for oil, gas and other minerals. 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 land is taken for chan-
nel 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 mainten-
ance road.
1
1
11
any existing rights-of-way in favor of the public or third parties
for roads, railroads, telephone lines, transmission lines, ditches,
conduits or pipelines on, over or across said lands, with the owners
of the land described in said flowway easement areas, their heirs,
successors and assigns having the right to occupy and use said land
for any purpose, provided, however, that no structures for human
habitation shall be hereafter constructed except as may be approved
in writing after written application by the landowner to and approved
by the representatives of the United States in charge of the con-
struction of the Flood Control Project and the City of Salina.
(2) Overflow easement. Unless otherwise designated, the term
"overflow easement" shall consist of a perpetual easement to occasion-
ally, temporarily and intermittently overflow, seep, flood, and flow
water on, over and across the land described in said overflow ease-
ment area and as shown on the appropriate Property Map, lying between
such mean sea level elevations as specifically designated in the
legal descriptions hereafter set forth in connection with the con-
struction, operations and maintenance of the Salina Flood Control
Program, said rights and easements to be free and clear of liens
and encumbrances except for oil, gas and other minerals rights
reserved to or outstanding in third parties and any existing rights -
of. -way in favor of the public or third parties for roads, railroads,
telephone lines, transmission lines, ditches, conduits or pipelines
on, over or across said lands with the owners of the land described
in said overflow easement areas, their heirs, successors and assigns
having and retaining the right to occupy and use said land for any
purpose, subject to the above said easement to seep, flood and flow.
(3) Permit to partially fill - shall mean the right to par-
tially fill the to be abandoned channel to an elevation to provide
positive drainage.
(4) Right-of-way for levee and right-of-way for channel - shall
mean fee title to the property specifically described except for oil,
gas and other minerals. 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, provided,
however, wherever a "ramp" appears and is designated on the property
map, the landowners shall have the right of ingress and egress over
and across said ramp.
(Tract P)
The following out of the West Half (W2) of the Southwest
Quarter (SW4) of the Southeast Quarter (SE4) of Section
18, T -14-S, R -2-W, east of the Smoky Hill River, except
a one -acre tract in the southeast corner thereof and
tract in southeast corner of Southwest Quarter (SW4) of
said section east of the river, except existing roadway
and channel easements:
(1) Overflow Easement, over that part of the West Half
of the Southwest Quarter of the Southeast Quarter of
Section 18 below mean sea level elevation 1239 and con-
taining 6.5 acres, more or less.
(2) Permit to remove all trees and snags during the
initial construction of the flood protection project
from the channel and East slope of the river bank to-
gether with such limited right of access during the
period of construction only over the above described
property as is necessary to effect the removal of said
trees and snags.
1
r
(Tract Q)
The following described tracts out of all of the part of
the North Half (Nk) of the Northwest Quarter (NW'k) lying
North and West of the Smoky Hill River, in Section 19,
T -14-S, R -2-W, except 1.34 acres in the southwest corner:
(a) Right-of-way for levee, beginning at a point 900
feet East of and 60 feet South of the northwest corner
of said Section 19, thence East 532.5 feet, thence south
10 feet, thence northwesterly to point of beginning, and
beginning at a point 1492.5 feet east of and 50 feet
south of the northwest corner of said Section 19, thence
east 200 feet, thence south 10 feet, thence east 300 feet,
thence south 10 feet, thence west parallel to section
line to a point 1647 feet east of and 70 feet south of
said northwest corner of Section 19, thence southeasterly
to a point 1770.2 feet east of and 565 feet south of the
northwest corner of said Section 19, thence southeasterly
to a point 1888.6 feet east of and 550 feet south of the
northwest corner of said Section 19, thence south to
center of the Smoky Hill River, thence southwesterly
along the center of Smoky Hill River to a point 1579
feet east of and 785 feet south of northwest corner of
said Section 19, thence northwesterly to a point 1503
feet east of and 650 feet south of northwest corner of
said Section 19, thence northeasterly to a point 1580
feet east of and 627 feet south of northwest corner of
said Section 19, thence northwesterly to a point 1479
feet east of and 127 feet south of northwest corner of
said Section 19, thence east to a point 1492.5 feet east
of and 127 feet south of northwest corner of said Section
19, thence north to point of beginning and containing
3.5 acres, more or less.
(b) Right-of-way for channel, beginning at a point 371
feet west of and 70 feet south of the northeast corner
of Northwest Quarter (NW'k) of said Section 19, thence
southwesterly to a point 480 feet west of and 534 feet
south of said northeast corner, thence south approxi-
mately 126 feet to center of the to be abandoned Smoky
Hill River, thence northeasterly along center of the to
be abandoned Smoky Bill River to north property line,
thence west to point of beginning and containing 2.2
acres, more or less, except 1.9 acres of easement ac-
quired by Saline County for channel change (0.3 acres).
(c) Construction easement, 20 feet wide parallel and
adjacent to the east side of and to the west side of the
right-of-way described in (a) above; and, construction
easement, 40 feet wide parallel and adjacent to the
north bank of and to the west bank of the to be abandoned
channel of Smoky Hill River, where it meanders through
the North Half (N2) of said Northeast Quarter (NE4),
except right-of-way described in (a) above, and contain-
ing 1.0 acres, more or less.
a
0
(d) Overflow easement, between Crawford Street on the
north, the to be abandoned channel of Smoky Hill River
on the South, right-of-way for levee, described in (a)
above on the West,and right-of-way for channel change,
described in (b) above on the East, all in the North
Half (N2) of the Northwest quarter (NWk) of Section 19,
T -14-S, R -2-W, and containing 4.3 acres, more or less.
(e) Permit to partially fill the to be abandoned channel
of Smoky Hill River on that portion of the channel West
of the proposed levee
(Tract R)
Right-of-way for levee, a part of the East Half (E�) of
the Northwest Quarter (NWk) of Section 193, T -14-S, R -2-W3,
described as follows: Commencing at a point 495 feet
West of the Northeast corner of the Southeast Quarter
(SEk) of the Northwest Quarter (NWk) of Section 19,
thence North to the center of the channel of the Smoky
Hill River, thence up the channel of the Smoky Hill
River to the East line of said Northwest Quarter (NWk)
of said Section 19, thence South along the East line of
the Northwest Quarter (NWk) of said Section 19 to the
Northeast corner of the Southeast Quarter (SEk) of the
Northwest Quarter (NWk) of said Section 19, to point
of beginning, containing 1.3 acres, more or less.
(Tract S)
The following described tracts out of all that part of
the Northwest Quarter (NWk) of the Northeast Quarter
(NEk) and the Northeast Quarter (NEk) of the Northwest
Quarter (NWk) lying North and East of the Smoky Hill
River in Section 19, T -14-S-, R -2-W:
(a) Right-of-way for levee, channel change and separated
area. Beginning at a point 65 feet South of Northwest
corner of Northeast Quarter (NEk)1 of said Section 19;
thence southwesterly to a point 499 feet South of, and
246 feet West of said Northwest corner of Northeast
Quarter (NEk); thence Southeasterly to a point on the
West line of said Northeast Quarter (NEk), 873 feet South
of the Northwest corner of said Northeast Quarter; thence
Southeast to a point 1088 feet South of and 330 feet East
of said Northwest corner of said Northeast Quarter; thence
Southeasterly to a point on the South line of the North-
west Quarter of the Northeast Quarter of said Section 19,
820 feet East of the Southeast corner of Northeast Quarter
of the Northwest quarter of said Section 19, thence West
on south line of Northwest Quarter of Northeast Quarter of
said Section 19, to the center of Smoky Hill River, thence
westerly, northerly, easterly and northerly along the center
line of the to be abandoned channel of Smoky Hill River to
a point 65 feet south of the north line of said Section 19,
thence east to point of beginning and containing 16.3 acres,
more or less, reserving in owner water rights to the new
channel.
(b) Flow way easement, over area east of channel change
and below mean sea level elevation 1239, in Northwest
Quarter of the Northeast Quarter and Northeast Quarter
of the Northwest Quarter of said Section 19, containing
17.8 acres, more or less.
(Tract T)
From that part of the Southwest Quarter (SWC) of the
Northeast Quarter (NE4) north and east of the low water
mark of Smoky Hill River in Section 19, T -14-S, R -2-W,
the following:
(a) overflow easement, over that part of the Southwest
Quarter of the Northeast Quarter of Section 19, T -14-S,
R -2-W, north and east of the Smoky Hill River; below
mean sea level elevation 1240, and containing 0.35 acres,
more or less, as shown on Property Map No. 5.
(b) Permit to remove all trees and snags during the
initial construction of the flood protection project
from the channel and east slope of the river bank to-
gether with such limited right of access during the
period of construction only over the above described
property as is necessary to effect the removal of said
trees and snags.
(Tract U)
The following described tracts out of all that part of
the Northwest Quarter (NW'k) of the Northeast Quarter
(NE'k), all that part of the South Half (Sk) of the North-
east Quarter (NEk), and all that part of the North Half
(Nk) of the Southeast Quarter (SE'k) of Section 19,
T -14-S, R -2-W, which lies on the left bank and south and
west of Smoky Hill River. Part of the Northwest Quarter
of Section 19, T -14-S, R -2-W, described as follows:
also commencing at the northeast corner of the Southeast
Quarter of the Northwest Quarter of said Section 19,
thence south to the southeast corner of Southeast Quarter
of the Northwest Quarter of said Section 19, thence west,
along the south line of Southeast Quarter of the North-
west Quarter, 1196 feet, thence north to the north line
of Southeast Quarter of the Northwest Quarter of said
Section 19, thence east to the point of beginning;
(a) Right-of-way for levee. Beginning at a point on
the north line of South Half of Northwest Quarter of said
Section 19, 750 feet west of the northeast corner of said
South Half of Northwest Quarter, thence east on north
line of said South Half of Northwest Quarter to a point
330 feet west of the northeast corner of said South Half
of Northwest Quarter, thence south 40 feet, thence
southwesterly to a point 100 feet south of and 350 feet
west of the northeast corner of said South Half of North-
west Quarter, thence southeasterly to a point 14 feet
west of and 668 feet north of the center of said Section
19, thence north 64 feet, thence southeasterly to a point
200 feet south of and 678 feet east of center of said
Section 19, thence southeasterly to a point 600 feet
south of and 894 feet east of center of said Section 19,
1
LI
1
thence southeasterly to a point on the south line of the
North Half of Southeast Quarter of said Section 19, 917
feet east of southwest corner of said North Half of
Southeast Quarter; thence west on south line of said
North Half of Southeast Quarter, 180 feet, thence north-
westerly to a point 600 feet south of and 570 feet east
of center of said Section 19; thence northwesterly to a
point 200 feet south of and 360 feet east of center of
said Section 19, thence east 67 feet, thence northwesterly
to a point 14 feet west of and 282 feet north of the
center of said Section 19; thence northwesterly to a point
321 feet west of and 828 feet north of the center of said
Section 19, thence northwesterly to a point 160 feet
south of and 550 feet west of the northeast corner of
South Half of Northwest Quarter of said Section 19;
thence southwesterly to a point 200 feet south of and
650 feet west of said northeast corner of said South Half
of Northwest Quarter, thence northwesterly to point of
beginning, and containing 17.5 acres, more or less.
(b) Right-of-way for channel change. Beginning at a
point on west line of Northeast Quarter of said Section
19, 160 feet north of the southwest corner of the North-
west Quarter of said Northeast Quarter, thence north on
quarter section line to center of to be abandoned channel
of Smoky Hill River, thence southeasterly along the center
line of Smoky Hill River to a point on the south line of
Northwest Quarter of said Northeast Quarter, thence west
on the south line of said Northwest Quarter of said
Northeast Quarter to a point 400 feet east of the south-
west corner of the Northwest Quarter of the Southeast
Quarter of said Section 19, thence northwesterly to the
point of beginning and containing 2.1 acres, more or less.
(c) Permanent easement, a strip of land 50 feet wide
paralleling the berm adjacent to west bank of Smoky Hill
River as it meanders across the South Half of Northeast
Quarter and the North Half of Southeast Quarter of said
Section 19, and a strip of land 60 feet wide, 30 feet on
each side of quarter section line of north 667 feet of
South Half of Northwest Quarter and South Half of North-
east Quarter of said Section 19 and containing 4.5 acres,
more or less.
(d) Construction easement, 20 feet wide parallel and
adjacent to permanent easement described above; a 20 -foot
wide easement parallel and adjacent to each side of levee
right-of-way as described above, and 20 feet wide on each
side of permanent easement for drainage ditch, described
in (c) above and containing 5.0 acres, more or less.
(e) Flow way easement, over that part of South Half of
Northeast Quarter; South Half of Northwest Quarter and
North Half of Southeast Quarter of said Section 19, lying
between right-of-way for levee described in (a) above and
the Smoky Hill River, containing 70.4 acres, more or less.
11
(Tract V)
From that part of the Southeast Quarter (SEk) of the North-
east Quarter (NEk) East of the low water mark of the Smoky
Hill River in Section 19, T -14-S, R -2-W, the following:
(a) Overflow easement on that part of the Southeast
Quarter of the Northeast Quarter, lying East of the
low water mark of the Smoky Hill River, in Section
Nineteen (19), Township Fourteen South (14 S), Range
Two (2) West of the Sixth Principal Meridian, below
mean sea level elevation 1240, and containing 15.6 acres
more or less, as shown on Property Map No. 5.
(b) Permit to remove all trees and snags during the
initial construction of the flood protection project
from the channel and the East slope of the river bank
together with such limited right of access during the
period of construction only over the above described
property as is necessary to effect the removal of said
trees and snags.
(Tract W)
From that part of the North 480 feet of the North Half
(Nk) of the Southeast Quarter (SEk) East of the low water
mark of the Smoky Hill River in Section 19, T -14-S, R -2-W,
(a) Overflow easement on that part of said tract below
mean sea level elevation 1240, containing 3.6 acres more
or less,as shown on Property Map No. 5.
(b) permit to remove all trees and snags during the
initial construction of the flood protection project
from the channel and East slope of the river bank to-
gether with such limited right of access during the
period of construction only over the above described
property as is necessary to effect the removal of said
trees and snags.
(Tract X)
From that part of the North 330 feet of the South 840 feet
of the North Half (Nk) of the Southeast Quarter (SEk) East
of the low water mark of the Smoky Hill River in Section 19,
T -14-S, R -2-W:
(a) Overflow easement over that portion of the above des-
cribed area below mean sea level elevation 1240 and con-
taining 0.12 acres, more or less, as shown on. Property
Map No. 5.
(b) Permit to remove all trees and snags during the initial
construction of the flood protection project from the channel
and East slope of the river bank together with such limited
right of access during the period of construction only over
the above described property as is necessary to effect the
removal of said trees and snags.
1
1
(Tract Y)
From that part of the South 510 feet of the North Half (N�)
of the Southeast Quarter (SEk) East of the low water mark
of the Smoky Hill River in Section 19, T -14-S, R -2-W, the
following:
(a) Overflow easement on that portion of the area below
mean sea level elevation 1240.5 and containing 1.6 acres
more or less, as shown on Property Map No. 5.
(b) Permit to remove all trees and snags during the initial
construction of the flood protection project from the channel
and East slope of the river bank, together with such limited
right of access during the period of construction only over
the above described property as is necessary to effect the
removal of said trees and snags.
(Tract Z)
The following described tracts out of "All that part of the
North Half (N�) of the South Half (Sk) of the Southeast
Quarter (SEk), except that portion lying East of the Smoky
Hill River in Section Nineteen (10), Township Fourteen (14)
South, Range Two (2) West of the Sixth Principal Meridian,
in Saline County, Kansas and beginning at the Northwest
corner of the Sk of the Sk of the SEk of Section 19, T -14-S,
R -2-W, thence East 116 rods to the West bank of Smoky Hill
River, thence South 2 rods, thence West 116 rods, thence
North 2 rods to the point of beginning.
(a) Right-of-way for levee, beginning at a point 737 feet
East of the Northwest corner of the N'k of the Sk of the
SEk of said Section 19, thence East 180 feet, thence South-
westerly to a point 603 feet South of and 866 feet East of
said Northwest corner, thence Southeasterly to a point
623 feet south of and 936 feet East of said Northwest corner,
thence South 70 feet to a point on South property line 936
feet East of West line of Southeast Quarter (SEk) of said
Section, thence West to a point on South property line 586
feet East of West line of SEk of said Section 19, thence
North 70 feet, thence Northeasterly to a point 656 feet East
of and 603 feet South of Northwest corner of N'k of SZ of the
said SEk, thence Northeasterly to point of beginning and
containing 3.4 acres, more or less.
(b) Permanent easement 50 feet wide paralleling the berm
adjacent to the West bank of the Smoky Hill River as it
meanders across the North Haef (Nk) of the South Half (Sk)
of said Southeast Quarter (SEk) and the North 33 feet of
the South Half (gk) of the South Half (Sk) of the Southeast
Quarter (SEk) of said Section 19, and containing 0.8 acres,
more or less.
(c) Construction easement 20 feet wide parallel and adjac-
ent to permanent easement described in (b) above, and a 20
feet wide construction easement parallel and adjacent to
each side of levee right-of-way as described in (a) above,
and containing 1.0 acres, more or less.
LJ
1
f
(d) Flowway easement over area between levee right-of-way
and Smoky Hill River in Nk Sk of SEk and North 33 feet of
Sk Sk of the SEk of said Section 19, and containing 15.7
acres, more or less, as shown on Property Map No. 5.
(Tract AA)
From that part of the South Half (S�) of the Southeast
Quarter (SEk) of Section 19, T -14-S, R -2-W, described as
follows: Commencing at the Northeast corner of the S�
of the SEk of said Section 19, thence West along the
North line of said Sk of the SEk of said Section 19 to the
middle of the Smoky Hill River, thence Southerly along the
center of the Smoky Hill River to a point 15 rods due
South of the North line of said Sk of SEk of said Section
19, thence East on a line parallel with the North line
of said Sk of the SEk of said Section 19, to the East
line of said Section 19, thence North along the east line
of said Section 19 fifteen (15) rods to the point of beginning.
(a) Overflow easement on that part of the above described
area below mean sea level elevation 1241, containing 1.5
acres, more or less, as shown on Property Map No. 5.
(b) Permit to remove all trees and snags during the initial
construction of the flood protection project from the channel
and the East slope of the river bank together with such limited
right of access during the period of construction only over
the above described property as is necessary to effect the
removal of said trees and snags.
(Tract BB)
From that part of the South Half (Sk) of the Southeast
Quarter (SEk) of Section 19, T -14-S, R -2-W, described as
follows: Commencing at a point on the East line of said
Section 19, fifteen (15) rods South of the Northeast corner
of the Sk of the SEk of said Section 19, thence West on a
line parallel with the North line of said Sk of the SEk of
said section 19 to the center of the Smoky Hill River,
thence Southerly along the center of the Smoky Hill River
to a point twenty-five (25) rods due South of the North
line of said Sk of the SEk of said Section 19, thence east
on a line parallel with the north line of said Sk of the
SEk of said Section 19 to the east line of said Section 19,
thence North along the East line of said Section 19, ten (10)
rods to the point of beginning.
(a) Overflow easement on that part of the above described
area below mean sea level elevation 1241, containing 1.2
acres, more or less, as shown on Property Map No. 5.
(b) Permit to remove all trees and snags during the initial
construction of the flood protection project from the channel
and the East slope of the river bank together with such limited
right of access during the period of construction only over
the above described property as is necessary to effect the
removal of said trees and snags.
M
M
(Tract CC)
From the South Half (S�) of the Southeast Quarter (SEk) of
Section 19, T -14-S, R -2-W lying East of the Smoky Hill River,
except the North 25 rods thereof, the following:
(a) Right-of-way for Channel. Beginning at a point on the
South line of said Section 19, 1145 feet West of the South-
east corneri,of said Section 19, thence West to the center of
Smoky Hill River, thence Northeasterly along the center of
Smoky Hill River to a point in the center of Somky Hill River
approximately 75 feet North of and 1220 feet West of the
Southeast corner of said Section 19, thence Southeasterly
to point of beginning and containing 0.13 acres, more or
less.
(b) Overflow easement on that part in the North and East
area of South Half of Southeast Quarter (Sk SEk) of said
Section 19 lying East of the Smoky Hill River, except the
North twenty-five (25) rods thereof; below mean sea level
elevation 1241, and containing 6.7 acres, more or less, as
shown on Property Map No. 5.
(c) Flowway easement on that part in the Southwest corner
of the South Half (S�) of the Southeast Quarter (SEk) of
said Section 19, lying East of the Smoky Hill River below
mean sea level elevation 1241, and containing 0.7 acres,
more or less.
(d) Permit to remove all trees and snags during the initial
construction of the flood protection project from the channel
and the East slope of the river bank together with such
limited right of access during the period of construction
only over the above described property as is necessary to
effect the removal of said trees and snags.
■
(Tract DD)
The following described tracts out of all of the South Half
(Sk) of the South Half (Sk) of the Southeast Quarter (SEk)
of Section Nineteen (19) in Township Fourteen (14) South,
Range Two (2) West of the 6th P. M., in Saline County, Kansas,
lying West of the Smoky Hill River, except a tract described
as follows: Commencing at the Northwest (NW) corner of said
South Half of the South Half (SkS'k) of said Southeast Quarter
(SEk), thence East one hundred sixteen (116) rods to the West
bank of the Smoky Hill River, thence South two (2) rods, thence
West one hundred sixteen (116) rods, thence North two (2) rods
to the place of beginning and also except a tract described
as follows: Commencing at the Southwest corner of said
Southeast Quarter (SEk) thence North three hundred thirty (330)
feet, thence East five hundred twenty-eight (528) feet, thence
South three hundred thirty (330) feet, thence West Five hundred
twenty-eight (528) feet to the place of beginning.
(a) Right-of-way for levee. Beginning at a point 330 feet North
of and 528 feet East of the Southwest corner of the Southeast
Quarter (SEk) of said Section 19, thence Northeasterly to a
point 627 feet North of and 656 feet East of said Southwest
corner, thence East 210 feet, thence Southwesterly to a point
30 feet North of and 622 feet East of said Southwest corner,
thence Southeasterly to a point 716 feet East of said South-
west corner, thence West 188 feet, thence North to place of
. beginning and containing 2.7 acres, more or less.
(b) Right-of-way for channel. Beginning at a point on South
line of Southeast Quarter (SEk) of Said Section 19, 1200 feet
East of the Southwest corner of said Southeast Quarter (SEk),
thence Northeasterly to a point 150 feet North of and 1350
feet East of said Southwest corner, thence Southeasterly to
the center of Smoky Hill River, thence Southwesterly along
the center of Smoky Hill River to the South line of said
Southeast Quarter (SEk) thence West on South line of said
Southeast Quarter (SEk) to place of beginning and containing
0.36 acres, more or less.
(c) Permanent easement 50 feet wide parallel and adjacent
to the West bank of the Smoky Hill River as it meanders
across that part of South Half (S�) of the South Half (Sk)
of said Southeast Quarter (SEk) beginning at a point 150
feet North of South line of said Southeast Quarter (SEk)
thence North to a point 627 feet North of South line of
said Southeast Quarter (SEk) and containing 0.8 acres,
more or less.
(d) Construction easement, 20 feet wide parallel and
adjacent to permanent easement described in (c) above;
a 20 feet wide construction easement parallel and adjacent
to the East side of levee right; -of -way as described in
(a) above, and containing 0.8 acres, more or less.
(e) Flowway easement over that part of South Half (Sk)
of South Half (Sk) of said Southeast Quarter (SEk) of
said Section 19, lying between the levee right-of-way
described in (a) above; the Smoky Hill River, the South
line of said Southeast Quarter (SEk) and a line 627 feet
North of and paralleling the South line of said Southeast
Quarter (SEk) of said Section 19, and containing 11.8 acres,
more or less, as shown on Property Map No. 5.
1
(Tract EE)
The following described tracts out of that part of the
South Half (S�) of the Southeast Quarter (SEk) of Section 19,
T -14-S, R -2-W of the 6th P. M., in Saline County, Kansas,
described as follows: Beginning at the Southwest corner of
the Southeast Quarter (SEk) of said Section 19, thence North
on the West line of said SEk three hundred thirty (330) feet,
thence East on a line parallel with the South line of said
Section 19, five hundred twenty-eight (528) feet, thence
South on a line parallel with the West line of said Section
19, sixty-six (66) feet, thence West on a line parallel with
the South line of said Section 19 three hundred thirty (330)
feet, thence South on a line parallel with the West line of '
said Section 19, two hundred sixty-four (264) feet to the
South line of said Section 19, thence West on the South line
of said Section 19 one hundred ninety-eight (198) feet to
the point of beginning.
(a) Right-of-way for levee - beginning at a point 330 feet
North of and 528 feet East of the Southwest corner of said
Southeast Quarter (SEk) of said Section 19, thence South
66 feet, thence West 9 feet, thence Northeasterly to point
of beginning, and containing 0.007 acres, more or less.
(b) Construction easement 20 feet wide parallel and adjacent
to the West side of levee right-of-way described in (a)
above, and containing 0.03 acres, more or less.
(Tract FF)
The following described tracts of land out of "commencing
at a point 12 rods East of the Southwest corner of the
Southeast Quarter (SES,) of Section 19, T -14-S-, R -2-W of
the 6th P. M. in Saline County, Kansas, thence North 16
rods, thence East 20 rods, thence South 16 rods, thence
West 20 rods to the point of beginning.
(a) Right-of-way for levee. Beginning at a point on the
South line of said SEk of said Section 19, 316 feet East
of the Southwest corner of said SEk, thence Northeasterly
to a point 30 feet North of and 426 feet East of said
Southwest corner of said SEk, thence Northeasterly to a
point 330 feet North of and 519 feet East of said South-
west curntE_-of_194).d Southeast Quarter, thence East 9 feet,
thence South 330 feet to South line of said Southeast
Quarter, thence West on South line of said Southeast Quarter
to place of beginning, and containing 0.37 acres, more or less.
(b) Construction easement 20 feet wide, parallel and adjacent
to the West side of levee right-of-way as described in (a)
above, and containing 0.17 acres, more or less.
1
1
1
1
(Tract GG)
The following described tract off of "Part of the Northeast
Quarter (NEk) of Section Thirty (30), Township Fourteen (14)
South, Range Two (2) West of the Sixth Principal Meridian, in
Saline County, Kansas, described as follows: Commencing at a
point on the North line of said Section 30, one hundred five
(105) feet East of the Northwest corner of the Northeast
Quarter (NEk) of said Section 30, thence East along the North
line Eighty-five (85) feet, thence South on a line parallel
with the West line of said Quarter section to a point in mid-
stream of Smoky Hill River, thence Westerly along the center
of the Smoky Hill River to a point one hundred five (105) feet
East of the West line of said Quarter section, thence North
on a line parallel with the West line of said Quarter section
to the point of beginning.
(a) Right-of-way for levee. Beginning at a point 105 feet
East of and 373 feet South of the Northwest corner of the
said Northeast Quarter of said Section 30, thence East 85
feet, thence South to center of Smoky Hill River, thence
Westerly along the center of Smoky Hill River to a point
105 feet east of the West line of said Quarter section,
thence North to place of beginning and containing 0.2 acres
more or less, as shown on Property Map No. 5.
(Tract HH)
The following described tracts out of "All of the North Half
(N2) of the Northeast Quarter (NEk); all of the Northeast
Quarter (NEk) of the Northwest Quarter (NWk) lying South and
East of the Smoky Hill River; all of the South Half (S2) of
the Northeast Quarter (NEk) lying North of the Smoky Hill
River; and all of the Southeast Quarter (SE'k) of the North-
west Quarter (NWk) lying North and East of the Smoky Hill
River, all in Section Thirty (30) in Township Fourteen (14)
South, Range Two (2) West of the 6th P. M. in Saline County,
Kansas; except a tract of land described as follows: Commenc-
ing at the Northwest corner of said Northeast Quarter (NEk)
of said Section 30, thence East 190 feet, thence South to
the center of the Smoky Hill River, thence West along the
center of said river to the West line of said Northeast
Quarter (NEk) of said Section 30, thence North along said
line to the point of beginning.
(a) Right-of-way for levee. Beginning at a point on the
North line of said Section 30, 316 feet East of the North-
west corner of Northeast Quarter (NE) of said Section 30,
thence East on North line of said section 400 feet, thence
South 50 feet, thence Southwesterly to a point 600 feet
East of and 90 feet South of Northwest corner of said
Northeast Quarter (NEk), thence Southwesterly to a point
447 feet East of and 360 feet South of the Northwest corner
of said Northeast Quarter thence East 120 feet, thence
Southwesterly to a point 543 ftet East of and 500 feet
South of the Northwest corner of said Northeast Quarter (NEk),
thence West 120 feet, thence Southwesterly to a point 325 feet
-East of and 1500 feet North of the Southwest corner of said
1
1
1
Northeast Quarter, thence South parallel with Quarter
section line 361 feet, thence East to a point 440 feet
East of and 1139 feet North of the Southwest corner of
said Northeast Quarter (NEk), thence Southeasterly to
a point in the center of the Smoky Hill River 456 feet East
of the Quarter section line, thence Southwesterly along
the center ofhe Smoky Hill River to the Quarter section
Wilt
line, thence,71,on the Quarter section line to a point 979 —
feet North of the Southwest corner of said Southeast
Quarter (SEkI of said Section 30, thence East 143 feet,
thence Nort,,,to a point 145 feet East of and 1500 feet
North of the Southwest corner of said Southeast Quarter,
thence Northeasterly to a point 223 feet East of and 638
feet South of the Northwest corner of the Northeast Quarter
(NEk) of said Section 30, thence West to a point 105 feet
East of the Quarter section line, thence North to the
Center of Smoky Hill River, thence Northeasterly along the
center line of Smoky Hill River to a point 190 feet East
of Quarter section line, thence North to a point 190 feet
East of and 373 feet South of Northwest corner of Northeast
Quarter of said Section 30, thence East to a point 267 feet
East if Quarter section line, thence Northeasterly to a
point 380 feet East of and 90 feet South of Northwest corner
of Northeast quarter of said Section 30, thence Northwesterly
to a point 50 feet South of and 316 feet East of Northwest
corner of Northeast quarter of said Section 30,c:thence North
to place of beginning and containing 9.5 acres, more or less,
reservmng, however, to the owner, access to land in Northwest
quarter of said Section 30, a permanent ingress and egress
on the land side berm of the to be built levee over the North
638 feet of that portion of the levee in said Section 30.
(b) Right-of-way for Channel change and Maintenance Road.
Beginning at a point on the North line of said Section 30,
1225 feet East of the Northwest corner of the Northeast
Quarter (NEk) of said Section 30, thence East on section
line to a point 1145 feet West of Northeast corner of said
Section 30, thence Southwesterly to a point 195 feet South
of and 1295 feet West of the Northeast corner of said
Section 30, thence Southwesterly to a point 551 feet South
of and 1493 feet West of the Northeast corner of Section 30,
thence Southwesterly to a point 1107 feet East of and 1426
feet North of the Southwest corner of the Northeast quarter
of said Section 30, thence Southeasterly to a point 1167
feet East of and 1028 feet North of the Southwest corner of
Northeast Quarter (NEk) of said Section 30, thence South-
easterly to a point 810 feet North of and 1325 feet West of
the Center of said Section 30, thence South approximately
100 feet to the center of the Smoky Hill River, thence
Northwesterly along the center line of the Smoky Hill River
to a point 990 feet East of and approximately 1000 feet
North of the Southwest corner of Northeast Quarter (NEk)
of said section 30, thence Northwesterly to a point 950 feet
East of and 1118 feet North of the Southwest corner of North-
east quarter of said Section 30, thence Northwesterly to a
point 888 feet East of and 907 feet South of the Northwest
corner of the Northeast Quarter of said Section 30, thence
Northeasterly to a point 391 feet South of and 967 feet East
of the Northwest corner of Northeast Quarter of said Section
30, thence Northeasterly to point of beginning and containing
9.5 acres, more or less.
1
1
1
(c) Construction easement; a strip of land 20 feet wide
on the East side of and on the west side of, parallel and
adjacent to the right-of-way described in (a) above, a
strip of land 40 feet wide parallel and adjacent toi,,Uk--
N&r*4-4mnie of
Yend--fte)the South bank of the Smoky Hill
'River between the right-of-way for levee (a) above and
the right of way for channel (b) above, where the Smoky
Hill River meanders across the North Half of the Northeast
Quarter (N� NEk) of Said Section 30, and a strip of land
40 feet wide, parallel and adjacent to the North bank of
the Smoky Hill River where it meanders across the South
Half of the Northeast Quarter (Sk NEk) of said Section 30,
between the levee right-of-way described, in (a) above,
and the channel right-of-way as described in (b) above;
and a strip 40 feet wide parallel and adjacent to the
timber line along the South bank of the to be abandoned
channel of the Smoky Hill River where it is the North
property line of that part of Northeast Quarter of the
Northwest Quarter (NEk NWk) lying South and East of the
Smoky Hill River, and a strip 40 feet wide parallel and
adjacent to the timber line along the North bank of the
Smoky Hill River where it is the South property line of
that part of the Southeast Quarter of the Northwest Quarter
(SEk NWk) lying North of the Smoky Hill River, all in
said Section 30 and containing 5.5 acres, more or less.
(d) Flowway easement over that portion of the North Half
of the Northeast Quarter (N2 NEk) and that part of the
South Half of the Northeast Quarter (S� NEk), North of the
Smoky Hill River, in said Section 30, East of the levee
right-of-way described in (a) above and below mean sea
level elevation 1241, except right-of-way for Channel as
described in (b) above, and containing 44.7 acres more or
less, as shown on Property Map No. 5.
(e) Permit to fill (1) the North Half of the to be abandoned
channel of the Smoky Hill River where it meanders across
that portion of South Half (Sk) of Northeast Quarter (NEk)
of said Section 30, North of the Smoky Hill River between
the levee right-of-way described in (a) above and the
channel right-of-way described in (b) above. (2) to
partially fill*the South Half of the to be abandoned channel
of Smoky Hill River wher it is the North property line of
that part of the Northeast Quarter of the Northwest Quarter
(NEk NWk) lying South of the River and (3)to partially fill*
the North Half of the to be abandoned channel of the Smoky
Hill River where it is the South property line of that part
of the Southeast Quarter of the Northwest Quarter (SEk.'NEk)
lying North of said River, all in said Section 30.
(f) Permanent easement on that portion of the to be abandoned
channel of the Smoky Hill River and a strip of land 20 feet
wide on the North side thereof between the levee right-of-way
described in (a) above and the right-of-way for channel change
described in (b) above, and containing 0.75 acres, more or less
* and to permit the occasional and temporary ponding of water in
a
1
1
1
(c) Construction easement; a strip of land 20 feet wide
on the East side of and on the west side of, parallel and
adjacent to the right-of-way described in (a) above, a
strip of land 40 feet wide parallel and adjacent to r;arke
of—be):the South bank of the Smoky Hill
�River between the right-of-way for levee (a) above and
the right of way for channel (b) above, where the Smoky
Hill River meanders across the North Half of the Northeast
Quarter (N� NEk) of Said Section 30, and a strip of land
40 feet wide, parallel and adjacent to the North bank of
the Smoky Hill River where it meanders across the South
Half of the Northeast Quarter (Sk NEk) of said Section 30,
between the levee right-of-way described, in (a) above,
and the channel right-of-way as described in (b) above;
and a strip 40 feet wide parallel and adjacent to the
timber line along the South bank of the to be abandoned
channel of the Smoky Hill River where it is the North
property line of that part of Northeast Quarter of the
Northwest Quarter (NEk NW'k) lying South and East of the
Smoky Hill River, and a strip 40 feet wide parallel and
adjacent to the timber line along the North bank of the
Smoky Hill River where it is the South property line of
that part of the Southeast Quarter of the Northwest Quarter
(SE'k NW'k) lying North of the Smoky Hill River, all in
said Section 30 and containing 5.5 acres, more or less.
(d) Flowway easement over that portion of the North Half
of the Northeast Quarter (N'k NEk) and that part of the
South Half of the Northeast Quarter (Sk NEk), North of the
Smoky Hill River, in said Section 30, East of the levee
right-of-way described in (a) above and below mean sea
level elevation 1241, except right-of-way for Channel as
described in (b) above, and containing 44.7 acres more or
less, as shown on Property Map No. 5.
(e) Permit to fill (1) the North Half of the to be abandoned
channel of the Smoky Hill River where it meanders across
that portion of South Half (Sk) of Northeast Quarter (NEk)
of said Section 30, North of the Smoky Hill River between
the levee right-of-way described in (a) above and the
channel right-of-way described in (b) above. (2) to
partially fill*the South Half of the to be abandoned channel
of Smoky Hill River wher it is the North property line of
that part of the Northeast Quarter of the Northwest Quarter
(NE's NWk) lying South of the River and (3) m partially fill*
the North Half of the to be abandoned channel of the Smoky
Hill River where it is the South property line of that part
of the Southeast Quarter of the Northwest Quarter (SEk.'NEk)
lying North of said River, all in said Section 30.
(f) Permanent easement on that portion of the to be abandoned
channel of the Smoky Hill River and a strip of land 20 feet
wide on the North side thereof between the levee right-of-way
described in (a) above and the right-of-way for channel change
described in (b) above, and containing 0.75 acres, more or less
* and to permit the occasional and temporary ponding of water in
g
U
(Tract II)
The following described tracts out of "All that part of
the South Half (Sk) of the Northeast Quarter (NE'k) and
the Southeast Quarter (SEk) of the Northwest Quarter (NWk)
of Section Thirty (30), Township Fourteen (14) South,
Range Two (2) West of the Sixth Principal Meridian, in
Saline County, Kansas, lying South of the Center of the
Smoky Hill River, and road right-of-way over Southwest
Quarter (SWk) of Northwest Quarter (NWk) of Section 30,
Township 14 South, Range 2 West, Saline County, Kansas.
(a) Right-of-way for levee. Beginning at a point on the
quarter section line approximately 770 feet North of the
Center of said Section 30, at the center line of Smoky
Hill River, thence along the center of the to be abandoned
channel of the Smoky Hill River to a point in the center
of said River approximately 320 feet East of and approxi-
mately 985 feet North of the center of said. Section 30,
thence Southeasterly to a point 90 feet North of and 550
feet East of center of said Section 30, thence Southeasterly
to a point 50 feet North of and 620 feet East of the center
of said Section 30, thence South 50 feet to quarter section
line, thence West on Quarter section line 380 feet, thence
North to a point 50 feet North of and 310 feet East of Center
of said Section 30, thence Northeasterly to a point 90 feet
North of and 550 feet East of the Center of said Section 30,
thence Northwesterly to a point 185 feet East of and 770 feet
North of the center of said Section 30, thence West to point
of beginning and containing 4.8 acres, more or less.
(b) Right-of-way for channel and separated area - Beginning
at a point in the center of Smoky Hill River approximately
990 feet East of and approximately 1000 feet North of the
Center of said Section 30, thence Southeasterly along the
center of the to be abandoned channel of Smoky Hill River
to the East line of said Section 30, thence South to the
Southeast corner of said Northeast Quarter of said Section
30, thence West on the quarter section line to a point
1156 feet East of the center of said Section 30, thence
Northwesterly to point of beginning and containing 18.1
acres, more or less.
(c) Construction easement - a strip of land 20 feet wide
on East side of and on West side of levee right-of-way as
described in (a) above, and a strip of land 40 feet wide
parallel and adjacent to the South bank of the Smoky Hill
River as it meanders across that part of South Half of
Northeast quarter of said Section 30, between the levee
right-of-way described in (a) above and the channel right-
of-way described in (b) above, and containing 1.5 acres,
more or less.
(d) Flowway easement. That portion of that part of the
South half of Northeast quarter of said Section 30, South
of the Smoky Hill River, East of the levee right-of-way
described in (a) above and West of the Channel right-of-way
described in (b) above and containing 14.8 acres, more or less.
(e) Permission to partially fill the South half of the to be
abandoned channel of the Smoky Hill River where it meanders
across southeast quarter of the Northwest quarter and that
part of the South half of the Northeast quarter lying South
of the Smoky Hill River between the levee right-of-way
described in (a) above and the channel right-of-way described
in (b) above.
* and to permit the occasional and temporary ponding of water in
1
D
CONSOLIDATED-SALINA
(Tract JJ)
The following described tracts out of the Northwest
Quarter (NW'k) of Section 29, T -14-S, R -2-W, except
the East Thirty-four (34) acres thereof:
(a) The right to divert or change the natural flow of
water from existing channel of Smoky Hill River through
the Northwest Quarter of Section 29, T -14-S, R -2-W,
together with existing water rights belonging to owner
of said tract. Reserving, however, to the owners of
Water Right No. 3502 and their assigns a permanent
right to exercise water rights in the new channel where
it crosses that part of South Half of Northwest Quarter
of Section 30, T -14-S, R -2-W, south of the to be
abandoned channel of Smoky Hill River and east of the
to be constructed new channel of Smoky Hill River,
providing said exercise does not interfere with the
City of Salina's use of that portion of the above-
described tract to be used by the City of Salina for
roadway purposes, with the City of Salina granting to
said owner a permanent access to said new channel over
city property with permission to construct, operate
and maintain such water supply facilities as the owner
may require for domestic and irrigation purposes.
i
11
CONSOLIDATED-SALINA
1
(Tract KK)
The following described tracts out of "The Southeast
Quarter (SE'k) of Section Thirty (30), Township Fourteen
(14) South, Range Two (2) West of the Sixth Principal Meridian,
in Saline County, Kansas."
1. Right-of-way for levee - Beginning at a point on the
North line of Southeast quarter of said Section 30, 364
feet East of center of said Section 30, thence East 216
feet thence Southeasterly to a point 240 feet South of and
725 feet East of center of said Section 30, thence Southerly
to a point 400 feet South of and 730 feet East of center of said
Section feet
hence Southeasterly to a point 460 feet South of
_._.___ _
s and 830 ,_ of center of said Section 30, thence South-
easterly to a point 520 feet South of and 850 feet East of center
of said Section 30, thence Southwesterly to a point 580 feet
South of and 800 feet East of Center of said Section 30, thence
Southeasterly to a point 837 feet South of and 950 feet East
of the center of said Section 30, thence Southeasterly to a
point 1185 feet East of and 1320 feet North of Southwest corner
of said SEk, thence Southeasterly to a point 1065 feet West of
and 430 feet North of Southeast corner of said Section 30,
thence Southeasterly to a point 887 feet West of and 378 feet
North of the Southeast corner of said Section 30, thence
Southeasterly to a point 40 feet North of and 748 feet West
of the Southeast corner of said Section 30, thence East parallel
to Section line 748 feet, thence South 20 feet on East line of
said Section 30, thence West on line 20 feet North of and
parallel to South line of said Section 30, 1309 feet, thence
North 10 feet, thence Northeasterly to a point 50 feet North
of and 1175 feet West of the Southeast corner of said Section 30,
thence Northwesterly to a point 331 feet North of and 1309 feet
West of the Southeast corner of said Section 30, thence
Northeasterly to a point_ 430 feet North of and 1210 feet West
of the Southeast corner of said Section 30, thence Northwesterly
to a point 1320 feet East of and 650 feet North of the South-
west corner of the Southeast quarter of said Section 30, thence
Northwesterly to a point 1250 feet North of and 1020 feet East
of the Southwest corner of said Southeast quarter, thence
Northwesterly to a point 1740 feet North of and 790 feet East
of the Southwest corner of said Southeast Quarter, thence
Northwesterly to a point 680 feet East of and 620 feet South
of center of said Section 30, thence West 80 feet thence
Northwesterly to a point 585 feet East of and 580 feet South
of the center of said Section 30, thence Northeasterly to a
point 600 feet East of and 440 feet South of the center of
said Section 30, thence Northwesterly to a point 470 feet
East of and 330 feet South of the center of said Section 30,
thence Northwesterly to point of beginning and containing
13.4 acres, more or less.
2 Right-of-way for Channel
th North line of Southeast
feet st of the center" If
North 1 e of said SouYe4st
easterly o a poi
center of id $6
600 feet Sou of
Section 30Th c
of and 1740 fee
Southeasterly to
East of center of
apoint 892 feet
cha Beginning at a point,, -on
"iter of said Section 30,,x, 1156
aid Section 30, thence ,'t on
quarter 215 Paet,µ„,U-ttence South -
feet South of and 1 feet East of,
1.ction 30, th nce South-te
and 1678 fee East a the
e Northeasterl �4a point
Y, .
ast of cent e` o aid Sect
oint 6feet Soh of a
s d ction 30, theme
SoutiKof 1975 feet est
rly,.to a po
cent of aid
380 fe South
ion ,�, nce
x41850 feed,
ut
heasterly ytQ
of the center
CONSOLIDATED-SALINA
r�
1
said Section 30
We of and 1129 fe�
Sect'on 30, thence S
said ction 30, 907
said Se tion 30, the
thence Southeaste_Irl to a point 114 feet
North of tY � outhe st cornerof said
o theaste to a poin Ease on Eariine of
f et rth of the Sout t
nc outh on East 1 of a
,,.
to a poi 427 fee forth of SoutheyI-corner
thence Nor
North of t
Southwes
of the -'go
sly to a int 3e ,feet West of
outheast corn >of said Section 30
to a point.. 54 eet West of and
a.4
corner of
id Section 30,
said Section 30,
hpd 490, deet
t corgi° of S Section 30,'_ence NO
to,, -,.f point 300 '' West of and 59 fees orth of the
corner of sail, tion 30, thence
feet West ,.aid and 2 feet North he
Sectigp-lb, thence rthwesty to
and --1034 feet North o tl outheast
thence Northwesterlyni4 ' a point 837 fe
East of the cente�sfts'�f sa Section 30,
easterly to a
Southeast corn
t North
krthwesterly
Southeast
a n t `'
said
point 315 fe west%,of
�grner o id Section 301,
e h of and 1559 'feet
a point 473 few South of� 1325 et Ed
said Secti 0, thence Nor we rly to :.
and cbnt2tming 13.4 acres, ma e or less.
ce Northwesterly t"
t of the Center of
inr, of beginning
2. Right-of-way for Channel change - Beginning at a point on
the North line of Southeast quarter of said Section 30, 1156
feet East of the center and of said Section 30, thence East on
North line of said Southeast quarter 215 feet, thence South-
easterly to a point 501 feet South of and 1580 feet East of
center of said Section 30, thence Southeasterly to a point
600 feet South of and 1678 feet East of the Center of said
Section 30, thence Northeasterly to a point 380 feet South of
and 1740 feet East of center of said Section 30, thence South-
easterly to a point 600 feet South of and 1850 feet East of
Center of said Section 30, thence Southeasterly to a point
892 feet South of and 1975 feet East of the center of said
Section 30, thence Southeasterly to a point 114 feet West of
and 1129 feet North of Southeast corner of said Section 30,
thence Southeasterly to a point on East line of said Section 30,
907 feet North of the Southeast corner of said Section 30, thence
South on East line of said Section 30, to a point 427 feet North
of Southeast corner of said Section 30, thence Northwesterly
to a point 30 feet West of and 490 feet North of the Southeast
corner of said Section 30, thence Southwesterly to a point
134 feet West of and 445 feet North of the Southeast corner of
said Section 30, thence Northwesterly to a point 300 feet West
of and 759 feet North of the Southeast corner of said Section 30,
thence Northeasterly to a point 198 feet West of and 812 feet
North of the Southeast corner of said Section 30, thence North-
westerly to a point 315 feet West of and 1034 feet North of the
Southeast corner of said Section 30, thence Northwesterly to a
point 837 feet South of and 1559 feet East of the center of said
Section 30, thence Northwesterly to a point 473 feet South of
and 1325 feet East of the center of said Section 30, thence
Northwesterly to point of beginning and containing 14.3 Acres,
more or less. Also reserving and granting access to land in
Northeast corner of said Southeast Quarter a permanent ingress
and egress East of the to be constructed new channel of the
Smoky Hill River across right-of-way to be acquired in Southwest
Quarter of Section 29, T -14-S; R -2-W.
CONSOLIDATED-SALINA
1
1
3. Construction easement (a) 20 foot wide parallel and
adjacent to the East side of and to the West side of levee
right-of-way as described in 1 above; (b) 40 foot wide
parallel and adjacent to the North bank of the to be abandoned
channel of the Smoky Hill River, between the levee right-of-way
described in 1 above, and the channel change right-of-way
described in 2 above, and containing 3.5 acreq, more or less.
4. Flowway Easements over that portion of the Southeast
Quarter of said Section 30, between the levee right-of-way
as described in 1 above and below mean sea level elevation
124.3 as shown on Property Map No. 5, and containing 66.5 acres,
more or less.
5. Permission to fill low area West of levee to elevation
above the elevation of existing land West of filled area,
described as follows: Beginning at a point 650 feet East of
and 875 feet North of Southwest corner of said Southeast
Quarter thence Northeasterly to a point on West side of levee
right-of-way 900 feet East of and 1480 feet North of Southwest
corner of said Southeast quarter thence Southeasterly along the
West levee right-of-way as described in 1 above to a point 1320
feet East of and 650 feet North of the Southwest corner of said
Southeast quarter, thence Westerly to a point 600 feet North of
and 775 feet East of Southwest corner of said Southeast quarter,
thence Northwesterly to place of beginning and containing 7.2
acres more or less.
6. Permission to partially fill the to be abandoned channel
of Smoky Hill River between Right-of-way for levee as described
in 1 above and the South line of said Section 30.
7. Permanent easement onthat portion of the to be abandoned
channel of the Smoky Hill River and a strip of land 20 feet
wide on the South side thereof between the levee right-of-way
described in 1 above and the right-of-way for channel described
in 2 above and containing 1.2 acres, more or less.
CONSOLIDATED-SALINA _
f
1
(Tract LL)
The following described tracts out of the Southwest
Quarter (SWk) of Section 29, T -14-S, R -2-W:
(a) Righbof-way for Channel Change, and access toad to
land in northeast corner of Southeast Quarter of Section
30, T -14-S, R -2-W: Beginning at a point 20 feet north
of the southwest corner of said Section 29, thence
north on west line of said Section 29, 940 feet, thence
southeast to a point 80feet north of and 430 feet east
of southwest corner of said Section 29, thence south-
easterly to a point 30 feet north of and 1085 feet east
of southwest corner of said Section 29, thence south 10
feet, thence west,20 feet north of and parallel to south
line of said Section 29, 1085 feet to point of beginning
and containing 5.4 acres, more or less.
(b) Flowway Easement over that portion of the South-
west Quarter of Southwest Quarter of said Section 29,
below mean seal level elevation 1244, less right-of-way
described in (a) above and containing 13.3 acres, more
or less.
(Tract MM)
The following described tracts out of the North Half
(Nk) of the Northeast Quarter (NEk), and the East ten
(10) acres of the North Half (N�) of the Northwest
Quarter (NWk), all in Section 31, T -14-S, R -2-W:
(a) Right-of-way for levee. Beginning at a point 20
feet south of and 1290 feet west of the northeast corner
of said Section 31, thence east parallel to north line
of said section to east line of said Section 31, thence
south 50 feet, thence west, parallel and 70 feet south
of north line of said Section 31, 720 feet, thence
southwest to a point 90 feet south of and 800 feet west
of the northeast corner of said Section 31, thence
southeasterly to a point 476 feet west of and 332 feet
north of southeast corner of the North Half of North-
east Quarter of said Section 31, thence northeasterly to
a point 365 feet west of and 366 feet north of south-
east corner of said North Half of Northeast Quarter of
said Section 30, thence southeasterly to a point 311
feet west of and 206 feet north of the southeast corner
of said North Half of Northeast Quarter of said Section
31, thence southwesterly to a point 428 feet west of
and 169 feet north of southeast corner of said North
Half of Northeast Quarter of said Section 31, thence
southeasterly to a point on south line of North Half of
Northeast Quarter of said Section 31, 372 feet west of
southeast corner of said North Half of Northeast Quarter
of said Section 31, thence west on south line of said
North Half of Northeast Quarter, 210 feet, thence north-
westerly to a point 598 feet west of and 113 feet north
of the southeast corner of said North Half of Northeast
Quarter, thence southwesterly to a point 714 feet west
of and 75 feet north of southeast corner of said North
ONSOLIDATED-SALINA
----
1
Half of Northeast Quarter, thence northwesterly to a
point 764 feet west of and 247 feet north of the south-
east corner of said North Half of Northeast Quarter,
thence northeasterly to a point 652 feet west of and
282 feet north of the southeast corner of said North
Half of Northeast Quarter, thence northwesterly to a
point 90 feet south of and 1020 feet west of the north-
east corner of said Section 31, thence northwesterly to
a point 50 feet south of and 1290 feet west of northeast
corner of said Section 31, thence north 30 feet to place
of beginning and containing 7.9 acres, more or less,
together with water rights No. 6422, to the to be aban-
doned channel of the Smoky Hill river and the right to
divert or change the natural flow from existing channel
of the Smoky Hill River through the North Half of North-
east Quarter of said Section 313, reserving to owner a
right of engress and egress over a portion of the above-
described tract from the public roadway north of said
tract to that portion of said tract lying east of the
levee as shown on Property Map No. 6.
(b) Construction Easements - (1) a triangular tract
beginning at a point on east kine of Section 31, 70 feet
south of northeast corner of said Section 31, thence
west 300 feet, thence southeasterly to a point on the
east line of said Section 31, 115 feet south of the
northeast corner of said Section 31, thence north to
point of beginning. And (2) a strip of land 20 feet
wide parallel and adjacent to the east side of and to
the west side of right-of-way for levee described in
j (a) above, and containing 1.2 acres, more or less.
(c) Flowway Easement, over that portion of North Half
of Northeast Quarter of said Section 31, lying east of
the right-of-way for levee as described in (a) above
and containing 20.2 acres, more or less.
(d) Permission to fill the east 365 feet of, (East of
levee) and permission to pond water in that portion of
the to be abandoned channel where it meanders through
the North Half of the Northeast Quarter of said Section
31.
(Tract NN)
The following described tracts out of the South Half
(S�) of the Northeast Quarter (NE'k) of Section 31,
T -14-S, R -2-W;
(a) Right-of-way for levee. Beginning at a point on
the north line of South Half of Northeast Quarter of
said Section 31, 575 feet west of northeast corner of
said South Half of Northeast Quarter of said Section 31,
thence east 275 feet, thence south 60 feet, thence
southwesterly to a point 90 feet south of and 340 feet
west of northeast corner of said South Half of North-
east Quarter of said Section 31, thence southeasterly to
the center of said Section 31, thence west on quarter
section line 140 feet, thence northwesterly to a point
CONSOLIDATED-SALINA
1
1
1
90 feet south of and 500 feet west ofthe northeast
corner of said South Half of Northeast Quarter of said
Section 30, thence northwesterly to a point 60 feet
south of and 575 feet west of northeast corner of said
South Half of Northeast Quarter of said Section 31,
thence north 60 feet to place of beginning and contain-
ing 4.7 acres, more or less. And the right to divert
or change the natural flow of water from existing chan-
nel of Smoky Hill River through the South Half of
Northeast Quarter of said Section 31.
(b) Construction Easement, 20 feet wide parallel and
adjacent to the east side of and to the west side of
the right-of-way described in (a) above, and containing
1.3 acres, more or less.
(c) Flowway Easement, on that part of the South Half
of Northeast Quarter of said Section 31, east of the
levee right-of-way described in (a) above, and contain-
ing 5.5 acres, more or less.
(d) Permit to pond water in the to be abandoned chan-
nel of the Smoky Hill River where it meanders through
the South Half of Northeast Quarter of said Section 31.
(Tract 00)
The following described tracts out of all that part of
the Northwest Quarter (NWk) of Section 32, T -14-S,
R -2-W, lying north and east of the Smoky Hill River:
(a) Right-of-way for Channel, beginning at a point 20
feet south of the northwest corner of said Section 32,
thence east parallel to the section line 1085 feet,
thence south 10 feet, thence westerly to a point 70 feet
south of and 459 feet east of the northwest corner of
said Section 32, thence southeasterly to a point 1230
feet south of and 1010 feet east of northwest corner of
said Section 32, thence southwesterly to the center of
the Smoky Hill River at a point approximately 1290 feet
south of and approximately 900 feet east of the northwest
corner of said Section 32, thence northwesterly along
the center of Smoky Hill River to a point approximately
1115 feet south of and approximately 600 feet east of
northwest corner of said Section 32, thence northwesterly
to a point 70 feet south of and 224 feet east of north-
west corner of said Section 32, thence west 224 feet,
thence north on west line of said Section 50 feet to
place of beginning and containing 6.8 acres, more or
less, reserving to the owner a right of ingress and
(b) Construction Easement, the north 115 feet of the
west 1085 feet of Northwest Quarter of said Section 32,
except that portion for roadway and right-of-way as
described in (a) above, containing 1.3 acres, more or
less.
(c) Flowway Easement, that part of Northwest Quarter of
said Section 32, north of that part of the to be abandoned
egress of sufficient width over that portion of the above tract
to provide access from the public road north of said tract to
that portion of the tract lying west of the channel easement as
shown on Property Map No. 6.
CONSOLIDATED-SALINA
1
1
FI
LJ
channel of Smoky Hill River,
for new channel as described
ing 9.6 acres, more or less.
and West of right-of-way
in (a) above, and contain -
(d) Overflow Easement, that portion of Northwest Quarter
of said Section 32, east of the existing channel of Smoky
Hill River, and east of the right-of-way for new channel
as described in (a) above, and below mean seal level
elevation 1244 as shown on Property Map No. 6, and con-
taining 42.5 acres, more or less.
(e) Permission to fill the north half of the to be aban-
doned channel of Smoky Hill River across the west 600
feet in Northwest Quarter of said Section 32.
(f) Permit to remove all trees and snags during the
initial construction of the flood protection project
from the channel and the east slope of the river bank
together with such limited right of access during the
period of construction only over the south 1350 feet of
the above-described property as is necessary to effect
the removal of said trees and snags.
(Tract PP)
The following described tracts out of "The East One-half
of the Southeast Quarter (E' SEk) of Section Thirty-one
(31), and That part of the West One-half (Wk) of Section
Thirty-two (32) lying South and West of the Smoky Hill
River, all in Township Fourteen (14) South, Range Two (2),
West of the Sixth Principal Meridian.
1.(a) A Right-of-way for levee in said Section 31, beginning
at a point on the quarter section line 140 feet West of
;the East line of said Section 31, thence East 140 feet to
East line of said Section 311 thence South on section line
to Southeast corner of said Section 31, thence West on
South line of said Section 31, 125 feet, thence North 25 feet, thence
Northeasterly to a point 50 feet North of and 75 feet West of
the Southeast corner of said Section 31, thence Northerly to
a point 950 feet North of and 60 feet West of Southeast corner
of said Section 31, thence West 40 feet, thence Northerly to a
point 95 feet West of and 1050 feet South of Northeast corner
of Southeast quarter of said Section 31,thence East 50 feet,
thence Northerly to point of beginning and containing 5.2
acres, more or less
1 (b) Right-of-way for levee in said Section 32, beginning
at a point on the West line of said Section 32, 220 feet South
of the Northwest corner of Southwest Quarter of said Section 32,
thence Southerly to a point 1050 feet South of and 40 feet East
of Northwest corner of said Southwest quarter, thence East
40 feet, thence Southerly to a point 65 feet East of and 950
feet North of the Southwest corner of said Section 32, thence
Southerly to a point 10 feet East of and 50 feet North of
Southwest corner of said Section 32, thence Southeasterly
to a point 75 feet East of and 25 feet North of Southwest
corner of said Section 32, thence South 25 feet, thence West
aw
CONSOLIDATED-SALINA
1
1
LJ
on South line of said Section 32 to Southwest corner of
said Section 32, thence North on West line of said Section
32, to point of beginning, and containing 1.9 acres more
or less.
2. Permanent easement (a) 60 feet wide for ditch 30 feet
each side of the following described center line: Beginning
at a point 1350 feet North of and 73 feet East of the South-
west corner of said Section 32, thence East 1327 feet, thence
Northeast to a point on West bank of Smoky Hill River 1530
feet East of and 1425 feet North of the Southwest corner of
said Section 32, and (b) 50 feet wide paralleling the berm
adjacent to the West bank of Smoky Hill River where it
meanders through that part of the West Half (Wk) of said
Section 32 South and West of the Smoky Hill River, contain-
ing 7.5 acres, more or less.
3. Construction easements 20 feet wide, paralleling and
adjacent to (a) the West side of and the East side of the
levee right-of-way described in 1 (a) and 1 (b) above,
(b) the North side of and the South side of permanent
easement for ditch described in 2 (a) above, (c) parallel
and adjacent to West side of the permanent easement described
in 2 (b) above, and (d) 40 feet wide parallel and adjacent
to the West 600 feet of the South bank of the to be abandoned
channel of the Smoky Hill River in the West half of said
Section 322 and containing 6.5 acres, more or less.
4. Permit to fill the West 600 feet of the South half of
the to be abandoned channel of the Smoky Hill River in
West half of said Section 32, and containing 2.2 acres, more
or less.
5. Flowway easement over that part of Northhalf of the
Southwest quarter and the Northwest quarter of said Section
32, South and West of the Smoky Hill River which lies be-
tween the levee and the Smoky Hill River, and contains 73
acres, more or less.
6. Overflow easement over that part of the South half of
Southwest quarter of said Section 32, West of the Smoky Hill
River, which lies between levee and the Smoky Hill River
and contains 65 acres more or less.
(Tract QQ)
The following described tracts out of "All that part of the
South One-half (Sk) lying East of the Smoky Hill River in
Section Thirty-two (32) in Township Fourteen (14) South,
Range Two (2) West of the Sixth Principal Meridian."
1. Overflow easement on that portion of all that part of
the South half (Sk) lying East of the Smoky Hill River in
Section 32 -T -14 -S -R -2-W, lying between the Smoky Hill River
and mean sea level elevation 1246, as shown on Property Map
No. 6, and containing 32.5 acres, more or less.
2. Permit to remove all trees and snags during the initial
construction of the flood protection project from the channel
and East slope of the river bank together with such limited
right of access during the period of construction only over the
above described property as is necessary to effect the removal
of said trees and snags.
CONSOLIDATED-SALINA
U
1
1
(Tract RR)
The following described tracts out of "The Northeast Quarter
(NEk) of Section Six (6) in Township Fifteen (15) South,
Range Two (2) West of the Sixth Principal Meridian.
1..Right-of-way for levee: Beginning at a point on the North
line of said Section 6, 125 feet West of the Northeast corner
of said Section 6, thence East 125 feet to Northeast corner
of said Section 6, thence South 50 feet, thence Southwesterly
to a point 881 feet South of and 105 feet West of Northeast
corner of said Section 6, thence Southwesterly to a point
1631 feet South of and 590 feet West of Northeast corner of said
Section 6, thence Southwesterly to a point 333 feet North of
and 1397 feet East of Center of said Section 6, thence South-
westerly to a point on South line of said Northeast Quarter
1100 feet East of Center of said Section 6, thence West 65
feet, thence Northeasterly to a point 386 feet North of and
1337 feet East of center of said Section 6, thence Northeasterly
to a point 735 feet West of and 1638 feet South of the Northeast
corner of said Section 6, thence Northeasterly to a point 285
feet West of and 902 feet South of Northeast corner of said
Section 6, thence Northeasterly to a point 50 feet South of
and 85 feet West of the Northeast corner of said Section 6,
thence Northwesterly to a point 25 feet South of and 125 feet
West of the Northeast corner of said Section 6, thence North
to point of beginning and containing 7.8 acres, more or less,
2. Permanent easement for ditch 30 feet wide, 15 feet each
side of the following described center line: Beginning at
a point 1290 feet East of and 735 feet North of the center of said
Section 6, thence Southeasterly to a point 579 feet North of
and 1492 feet East of the center of said Section 6, and
beginning at a point 1556 feet East of and 529 feet North of
center of said Section t, thence Northeasterly to a point in
center of the to be abandoned channel of Smoky Hill River
2075 feet East of and 660 feet North of center of said Section 6,
and containing 0.6 acres, more or less.
3. Construction easements, (a) 20 feet wide parallel and
adjacent to the East side of and to the West side of the
levee right-of-way as described in 1 above (b) 20 feet
wide parallel and adjacent to the Northerly side of and to
the Southerly side of the permanent easement described in
2 above, and (c) 100 feet wide across the Smoky Hill River
North of and adjacent to the South line of Northeast Quarter
of said Section 6, and containing 3.2 acres, more or less.
4. Overflow easement on that portion of the Northeast
Quarter of said Section 6, East of the right-of-way for
levee described in 1 above and as shown on Property Map
No. 6, and containing 32 acres more or less.
5. The right to divert or change the natural flow of
water from existing channel of the Smoky Hill River where
it meanders across the Southeast corner of Northeast
Quarter of said Section 6,
*reserving, however, to the owner a right of ingress and egress
over that portion of the tract on the east portion of levee right-
of-way as necessary to provide access from public road north of
said tract to that portion of owner's land lying east of levee
as shown on Property Map No. 6.
CONSOLIDATED-SALINA
i
E
1
(Tract SS)
The following described tracts out of "The Northwest Quarter
(NWk) of Section Five (5) in Township Fifteen (15) South,
Range Two (2) West of the 6th P. M.
1. Right-of-way for levee ramp. Beginning at the Northwest
corner of said Section 5, thence East 100 feet, thence South
25 feet, thence Southwesterly to a point on the West line of
said Section 5, 50 feet South of the Northwest corner of said
Section 5, thence North to point of beginning and containing
0.1 acres, more or less.
2. Right-of-way for channel: Beginning at a point on the
South line of the Northwest Quarter of said Section 5, 846
feet West of the center of said Section 5, thence Northerly
to a point 222 feet North of and 823 feet West of the center
of said Section 5, thence Northeasterly to a point 387 feet
North of and 555 feet West of the center of said Section 5,
thence Southeasterly to a point 298 feet North of and 402 feet
West of center of said Section 5, thence Southwesterly to a
point on South line of said Northwest Quarter 502 feet West
of center of said Section, thence West to point of beginning
and containing 2.6 acres, more or less.
3. Permanent easement 50 feet wide paralleling the berm
adjacent to the West bank of the Smoky Hill River, where
it meanders through the North 2260 feet of the Northwest
Quarter of said Section 5, and containing 2.8 acres, more
or less.
4. Construction easement 20 feet wide, parallel and adjacent
to the permanent easement described in 3 above, and contain-
ing 1.1 acres, more or less.
5. Overflow easements, all that part of Northwest quarter
of said Section 5, below mean sea level elevation 1247, as
shown on property map No. 6, and containing 158 acres, more
or less.
6. Right to divert or change the natural flow of water in
Smoky Hill River as it meanders across the West 1800 feet
of Northwest quarter of said Section 5.
7. Permit to remove all trees and snags during the initial
construction of the flood protection project from the
channel and East slope of the river bank together with such
limited right of access during the period of construction
only over the above described property as is necessary to
effect the removal of said trees and snags.
CdNSOLIDATED-SALINA
1
J
1
(Tract TT)
The following described tracts out of "The North One-half
of the Southwest Quarter (N2 SWk) of Section Five (5) in
Township Fifteen (15) South, Range Two (2) West of the
Sixth Principal Meridian; The East One-HAlf of the South-
east Quarter (EZ SE'k) of Section Six (6), except about
five (5) acres, being aft that part lying North and West of the
Smoky Hill River; and all that part of the West One-half (Wk)
of the Southeast Quarter (SE'k) of Section Six (6), lying East
of the Smoky Hill River, all in Townhhip Fifteen (15) South,
Range Two (2) West of the 6th P. M.
1. Right-of-way for channel change: Beginning at a point
on the North line of Southwest quarter of said Section 5,
767 feet West of the center of said Section 5, thence East
165 feet, thence Southwesterly to a point 315 feet South of and
636 feet West of center of said Section 5, thence Southwesterly
to a point on the South line of the North half of said South-
west quarter 901 feet West of the Southeast corner of said
North half of said Southwest quarter, thence West to a point
1107 feet West of the Southeast corner of said North half of
said Southwest quarter, thence Northeasterly to a point 930
feet South of and 1080 feet West of the Center of said Section
5, thence Northwesterly to a point 798 feet South of and 1177 feet
West of the center of said Section 5, thence Northeasterly to
a point 685 feet South of and 1094 feet West of the center of
said Section 5, thence Southeasterly to a point 768 feet South
of and 1003 feet West of the center of said Section 5, thence
Northeasterly to point of beginning and containing 7.9 acres,
more or less, granting, however, to the owner acess to that
2. Permit to fill the to be abandoned channel of the Smoky
Hill River where it meanders through the North half of the
Southwest quarter of said Section 5, beginning at the West
edge of channel change right-of-way as described in 1 above,
and proceeding down stream as far as spdil excavation is
available.
3. Construction easements 40 feet wide (a) parallel and
adjacent tin the South side of the North line of the West
1850 feet of the North half of Southwest quarter of said
Section 5, and the East 650 feet of the East half of
Southeast quarter of said Section 6, and 140 feet wide
across the East half of the Smoky Hill River at the North-
west comer of "the East half of Southeast quarter of said
Section 6, except 5 acres in the Northwest corner" and
(b) 40 feet wide parallel and adjacent to the North side of
the to be abandoned channel of Smoky Hill River where said
channel is to be filled as described in 2 above and contain-
ing 3.1 acres, more or less.
4. Overflow easement over that portion below Mean sea level
elevation 1248, of North half of Southwest quarter of said
Section 5, except that right of way described in 1 above,
and East half of Southeast quarter of said Section 6, except
5 acres lying North and West of the Smoky Hill River and
all that part of West half of Southeast quarter of said
Section 6, lying East of the Smoky Hill River and containing
181 acres, more or less, as shown on Property Map No. 6.
portion of owner's Viand lying east of the new channel a right of
ingress and egress over t e ermanent easement acquired by� the
City over the 4uth Half S1�� of the Southwest Quarter (SW%) of
Section Five (, immediately East of existing channel.
CONSOLIDATED -SALIVA
1
1
5. Right to divert or change the natural flow ofwater from
the existing channel of the Smoky Hill River as it meanders across
the North half of Southwest quarter of said Section 5, and that
part lying East of the Smoky Hill River of Southeast quarter
of said Section 6.
(Tract UU)
The following described tracts out of "The Southeast
Quarter (SEk) of the Southwest Quarter (SW's) and all
that part of the Southeast Quarter (SEk) lying West
of the channel of Smoky Hill River, of Section Sig (6)
in Township Fifteen (15) South, Range Two (2) West of
the Sixth Principal Meridian, subject to Deed of Ease-
ment, Perpetual and assignable easement and temporary
easement of the United States of America.
1. Right-of-way for levee: A strip of land 20 feet wide
and 367 feet long, lying 10 feet on each side of following
described center line; Beginning at a point on the North
line of the Southeast Quarter of said Section 6, 1071 feet
East of center of said Section 6, thence Southwesterly
to a point 283 feet South of and 788 feet East of center
of said Section 6, and containing 0.2 acres, more or less.
2. Permanent aza roadway easement, 20 feet wide lying
10 feet on each side of the following described center line:
Beginning at a point 194 feet South of and 911 East of the
Center of said Section 6, thence South 655 feet, thence
curving Southwesterly on crest of high ground to a point on
the North line of Southwest quarter of the Southeast quarter
of said Section 6, approximately 290 feet East of the North-
west corner of the Southwest quarter of the Southeast quarter
of said Section 6, thence Southwesterly to a point on the
West line of the Southwest quarter of the Southeast quarter
of said Section 6, approximately 530 feet South of Northwest
corner of said Southwest Quarter of the Southeast quarter
of said Section 6, thence curving Southwesterly on the crest
of the high ground to a point approximately 830 feet East of
and 273 feet North of Southwest corner of Southeast quarter
of the Southwest quarter of said Section 6, thence Westto a
point 436 feet East of and 273 feet North of the Southwest
corner of the Southeast quarter of the Southwest quarter of
said Section 6, thence South 273 feet to the South line of
said Section 6, and containing 1.6 acres, more or less, all
as shown on Property Map No. 6. Reserving however in the
owners, right to exercise water rights in the to be aban-
doned channel of the Smoky Hill River providing such exercise
does not interfere with the City of Salina's use of the
above-described tract for roadway purposes.
3. Construction Easements. (a) 20 feet wide parallel and
adjacent to the west side of and to the east side of the
levee right-of-way described in 1, above. (b) 140 feet
wide across the West half of Smoky Hill River at the north-
east corner of that part of "all that part of the South-
east Quarter lying west of the channel of Smoky Hill River
of said Section 6" and (c) a strip of land 40 feet wide ad-
jacent and parallel to the North line of Southeast quarter
CONSOLIDATED-SALINA
1
1
of said Section 6, lying between the easements described
in 3(a) above and 3(b) above, and containing 1.3 acres
more or less.
4. Overflow easement over that portinn below mean sea
level elevation 1248, of that portion of that part of
the Southeast quarter (SEk) of the Southwest quarter and that
part of Southeast Quarter of said Section 6, lying West of
the channel of the Smoky Hill River, as shown on Property
Map No. 6, and containing 28 acres, more or less.
5. Right to divert or change the natural flow of water
in the Smoky Hill River where it is the east property line
of that part of the Southeast quarter of said Section 6,
lying west of the channel of Smoky Hill River.
(Tract VV)
The following described tracts out of "The South One-half
of the Southwest Quarter (S� SW'k) of Section Five (5) in
Township Fifteen (15) South, Range Two (2) West of the
Sixth Principal Meridian, except that part lying West of
the West channel of the Smoky Hill River,
1. Permanent easement 50 feet wide paralleling the berm
adjacent to the East bank of the East channel of the Smoky
Hill River as it meanders through the South half of the
Southwest Quarter of said Section 5, and containing 1.6
acres, more or less.
2. Construction easement 20 feet wide parallel and adjacent
to the East side of the permanent easement described in 1
above and containing 0.6 acres, more or less.
3. Overflow easement over that part below mean sea leval
elevation 1248 of the South half of the Southwest quarter
of said Section 5, except that part lying West of the West
channel of Smoky Hill River as shown on property Map. No. 6
and containing 58.5 acres more or less.
4. Right to divert or change the natural flow of water
from existing West channel of Smoky Hill River where it is
the West property line of that part of the South half of
Southwest quarter of said Section 5, except that part
lying West of the West channel of the Smoky Hill River.
5. Permit to remove all trees and snags during the initial
construction of the flood protection project from the channel
and the West slope of the river bank together with such
limited right of access during the period of construction
only over the above described property as is necessary to
effect the removal of said trees and snags.
CONSOLIDATED-SALINA
1
1
1
(Tract WW)
The following described tracts out of "That part of the West
One-half of the South One half of the Southwest Quarter (Wk
S2 SWk) of Section Five (5) lying West of the Smoky Hill River,
in Township 15, Range 2 West of the Sixth Principal Meridian,
described as follows: Beginning at the Southwest corner of
said Section Five (5), thence East along section line 1045
feet more or less to the center of channel of Smoky Hill River,
thence following center of channel of said river in northerly
and westerly direction to a point where it intersects the
North line of the South half (Sk) of the Southwest Quarter
(SWk) of said Section Five (5), thence West 110 feet more or
less to the Northwest corner of said South half of Southwest
Quarter (S2 SWk) of said Section Five (5) thence South along
section line to place of beginning; and that part of the
Northwest Quarter of the Northwest Quarter (NW'k NWk) of Section
Eight (8) in Township Fifteen (15) South, Range Two (2)
lying North of the Smoky Hill River, described as follows:
Beginning at the Northwest corner of said Section Eight (8)
thence South along section line 230 feet more or less to
center of channel of Smoky Hill River, then following along
center of channel of said river in a southerly and northeasterly
direction to a point where it intersects the North line of
said Section Eight (8), thence West along said North line,
1045 feet more or less to place of beginning.
1. Overflow Easement over that part of the West half of the
South Half of the Southwest quarter (Wk of Sa of SWk) of
Section Five (5) lying West of the West channel of the Smoky
Hill River in Township 15 South, R,?.nge 2 West of the Sixth
Principal Meridian, as shown on Property Map No. 6, and
containing 16.5 acres, more or less.
21 Right to divert or change
the existing channel which is
easement described in 1 above.
the natural flow of water from
the East line of overflow
(Tract XX)
1. Right to divert or change natural flow of water in the
Smoky Hill River where it is the South property line of:
A part of the Northeast Quarter (NEk) of Section Thirty
(39) in Township Fourteen (14) South of Range Two (2) West
of the 6th P. M. in Saline County, Kansas, described as
follows: Commencing at the Northwest (NW) corner of said
Northeast Quarter (NEk) of said Section 30, thence East one
hundred five (105) feet, thence South to the center of the
Smoky Hill River, thence West along the center of said
river to the West line of said Northeast Quarter (NEk) of
said Section 30, thence North to the point of beginning.
2. Permit to partially fill* the North half of the to be
abandoned channel of the Smoky Hill River where it is the
South property line of tract described in 1 above.
* and to permit the occasional and temporary ponding of water in
CONSOLIDATED-SALINA
1
(Tract YY)
1. Right to divert or change natural flow of water in the
Smoky Hill River where it is the South property line of:
The East One Hundred Forty-two feet and Eight Inches (E142' 8")
of Lot Eleven (11) and all of Lots Twelve (12) and Thirteen
(13), in the Village of Loretto, in Saline County, Kansas.
2. Permit to partially fill* the North half of the bo be
abandoned channel of the Smoky Hill River where it is the
South property line of the tract described in 1 above.
(Tract ZZ)
1. Right to divert or change natural flow of water in the
Smoky Hill River where it is the South property line of:
The East Ninety feet and Nine inches (E 90' 9") of the
West One Hundred Eighty-one Feet and Six Inches (W 181' 611)
of Lot Eleven (11), and the West Thirty Feet (W 30') of
the East One Hundred Seventy-two Feet and Eleven Inches
(E 172' 11") of Lot Eleven (11), all in the Village of
Loretto, in Saline County, Kansas.
2. Permission to partially fill* the North half of the to be
abandoned channel of the Smoky Hill River where it is the
South property line of the tract described in 1 above.
(Tract AAA)
1. Right to divert or change natural flow of water in the
Smoky Hill River where it is the South property line of:
The West Ninety feet and Nine inches (W 90' 9") of Lot
Eleven (11), in the village of Loretto, in Saline County,
Kansas.
2. Permit to partially fill*the North half of the to be
abandoned channel of the Smoky Hill River where it is the
South property line of the tract described in 1 above.
(Tract BBB)
1. Right to divert or change natural flow of water in the
Smoky Hill River where it meanders through: Lots Six (6)
to Ten (10) inclusive, in the village of Loretto, in Saline
County, Kansas.
2. Permit to partially fill*the to be abandoned channel of
the Smoky Hill River where it meanders through Lots 6, 7,
8, 9 and 10 of the village of Loretto, in Saline County.
3. Construction easement 40 feet wide parallel and adjacent
to the East and South bank of the Smoky Hill River where it
j is the West and North property line of Lot 8 of said
Village of Loretto, and containing 0.6 acres, more or less.
* and to permit the occasional and temporary ponding of water in
CONSOLIDATED-SALINA
(Tract CCC)
1. The right to divert or change the natural flow of the
Smoky Hill River where it meanders through the Northeast
corner of the Southwest Quarter of the Northwest Quarter
of Section 30, Township Fourteen (14) South, Range Two (2)
West of the Sixth Principal Meridian, in Saline County,
Kansas.
2. Permit to partially fill* the to be abandoned channel
of the Smoky Hill River where it meanders through the
tract of land described in 1 above.
3. Construction easement 40 feet wide parallel and adjacent
to the East and North bank of the Smoky Hill River where it
meanders through the Northeast corner of the tract described
in 1 above, and containing 0.7 acres, more or less.
and to permit the occasional and temporary ponding of water in
1
CONSOLIDATED -SALIVA
1
Section 3. That it is the opinion of said Board of Commis-
sioners 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 herby 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
F,1
Introduced.-�-� ti 1958
Passed 1958
f
ATTEST: H. E. P TERSON, City Clerk
(SEAL) ,
1