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5936 Eminent Domain1 1 1 ORDINANCE NUMBER 5936 1(Published in the Salina Journal ,1955) AN ORDINANCE condemning certain land within Saline County, Kansas, for the use of the City of Salina as a public park; fixing a benefit district therefore; and providing for the pay- ment of the costs thereof. WHEREAS, the governing body of the City of Salina, Kansas, on the_12L,_ 2L, day of 'ieb 'x , 1955, found it necessary to appropriate certain private property located in Salina County, Kansas, for the use of the City of Salina, as a public park, and directed the City Engineer of the City of Salina, Kansas to make a survey and description of the lands to be so ac- quired; and survey WHEREAS, on the 4th day of Febru ,1955, s =MDOW and description of the land to be so acquired was filed with the City Clerk; SO NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS:! Section 1. The following described land is hereby condemned and appropriated for the use of the City of Salina, Kansas, as a public park, to -wit: Tract 1. Lots Two (2), Four (4), Five (5), Six6), Seven M., Eight (8), Nine (9), Ten (10), Elven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen 17), Eighteen (18), Nineteen (19) Twenty (20), Twenty One 21), Twenty two (22), Twenty - Three (23), Twenty four 24), Twenty five (25) Twenty- six (26), Twenty Seven (27), and Twenty eight (28), in Block Five (5) in Woods Replat of Blocks Four (4) and Five (5) in Bonds Addition to the City ofSalina, Saline County, Kansas; and Lots One (1) and Two (2) in Block Two (2) in College View Addition to the City of Salina, Saline County, Kansas. Tract 2. All of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section Eighteen (18), Township Fourteen (14) South, Range Two(g) West of the Sixth Principal Meridian, con- sisting of fourty (40) acres, in Saline County, Kansas; in clud- ing all oil and gas royalties therefrom, excepting a 3/4ths interest in such royalties which shall remain with the present owners of the above described property; said royalties reserved to the present owners shall be for a period of two (2) years from the date of the appointment of commissioners by the Judge of the District Court, and in the event of production therefrom within said two (2) years, then so long thereafter as oil and/ or gas continues to be produced from the premises. It is hereby determined that the acquisition and improvement of the above described property as a public park will be a general benefit to the City at large, and that the cost of such acquisition and improvement should be assessed against the city at large. Section 3. That C. L. Clark, City Attorney, is hereby ordered to forth - with prepare and present in the name of the Board of Commissioners of the City of Salina, Kansas, a written application to the Judge of the District Court of Saline County, Kansas, praying for an order of appointment of commissioners to make appraisement and assessment of damages arising from the appropriation of said real estate described in Section 1 hereof, and i to do and perform all things in and about procuring and recording said order of appointment required by law. Section 4. The Cost of the acquisition and improvement of the above de- scribed land shall be paid from available cash on hand in the Treasury of the City of Salina. Section 5. This ordinance shall take effect and be in full force from and after its publication once in the official city paper. Introduced: February S. 1955 Adop d:� February 1955 Attest: (� E, P. Wenger, May �""' , City Clerk