6056 Eminent DomainAN ORDINANCE condemning an easement in certain land within Saline County, Kansas, for the
use of the City of Salina, Kansas, in constructing and extending a certain storm sewer from
the intersection of the center line of Wayne Avenue and Ohio Street north td the bank of the
Smoky Hall River, and providing for the payment of the cost thereof.
WHEREAS, the governing body of the City of Salina, Kansas, at its regular meeting on the 17th
day of April, 1956, by Resolution No. 1683, found it necessary to appropriate an easement in
j certain private property in Saline County, Kansas, for the use of said city for the construc-
tion, extension and maintenance of a certain storm sewer from the intersection of the center
line of Wayne Avenue and Ohio Street north to the bank of the Smoky Hill River, and directed
the City Engineer of Salina, Kansas, to file a survey and description of the easement so re—
quired; and
WHEREAS, on the 23rd day of April, 1956, a survey and description of the land so required
was duly filed with the City Clerk, SO NOW THEREFORE.
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas.
Section 1. The following described easement is hereby condemned and appropriated for
the use of the City of Salina, Kansas, in the land described, for the construction, exten-
sion and maintenance of a certain storm sewer from the intersection of the center line of
Wayne Avenue and Ohio Street north to the bank of the Smoky Hill River, to -wit:
An easement in a tract of land one hundred (100) feet wide and twelve hundred (1200)
(feet long in the Northwest Quarter (NWS-) of Section Thirty (30), Township Fourteen (14)
South, Range Two (2) West of the Sixth Principal Meridian in Saline County, Kansas, specifi—
cally described as follows, to -wit:
Beginning at a point which is 30 feet north and 38.26
feet west of the southwest corner of the Northwest
Quarter (NW1) of Section 30, Township 14 South, Range o
Two (2) West in Saline County, Kansas, thence north 40
degrees and 04 minites east, 1200 feet to the bank of
the Smoky Hill River which will be known as the north-
west line of the Utility easement, thence southeast
along the bank of the Smoky Hill River to a point which
will be 100 feet southeast and at right angles to the
northwest line of the Utility easement, thence southwest,
and parallel to the northwest line of Utility easement
1200 feet, to a point which is 130.66 feet east of the
point of beginning, thence west 130.66 feet to the point
of beginning.
Section 2. That Rudolph Barta, City Attorney, is hereby ordered to forthwith prepare and
f
(present in the name of the Board of Commissioners of the City of Salina, Kansas, a written
I
{application to the Judge of the District Court of Saline County, Kansas, praying for an order
lappointing commissioners to make appraisement and assessment of damages arising from the
;taking and condemnation of said easement in said real estate described in Section 1 hereof,
Iand do and perform all things in and about procuring and recording of said order of appoint-
ment as required by law.
Section 3. That for the payment of the cost thereof, the Board of Commissioners shall
'issue general obligation and improvement bonds of the City of Salina, Kansas, in an amount
f
!not to exceed the total cost of such work and improvements, except as herein provided, to be
i
payable in ten approximately equal installments and to bear interest at_zot to exceed five
i
1per cent (5/) per annum and from the date of such bonds, and for the purpose of paying such
i
lbonds and interest as they severally mature, the Board of Comu7i.ssioners shall annually levy
la tax upon all real and personal property in the City of Salina, Kansas, in an amount suf-
lissuficient to pay the annual installments of such principal and interest, and that pending the
ance of such bonds temporary notes shall be issued according t aw,
� , mp ry ng o 1 , to pay the cost
i
Il of such work.
i Section 4. This ordinance shall take effect and be in force from and after its publica-
stion in the official city paper.
1
(SEAL)
Attest:
1
City Clerks � �
Introduced: April 24, 1956
Passed: May 1, 1956
Mayor