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98-9875 Eminent Domain(Published in The Salina Journal Mo_y Iq1 1998) ORDINANCE NUMBER 98-9875 AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION F RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE SE OF THE CITY OF SALINA, KANSAS, FOR THE PURPOSE OF IMPROVING THE iTERSECTION OF SOUTH NINTH STREET AND MAGNOLIA ROAD, PURSUANT O K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS IT RELATES TO ONDEMNATION BY CITIES, AND FURTHER PURSUANT TO RESOLUTION NO. 1-5275 OF THE CITY OF SALINA, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. The Board of Commissioners hereby reaffirms the prior orders and of the necessity for acquisition of public right-of-way and a temporary construction relating to certain real estate for use by the City for the purpose of improving the of South Ninth Street and Magnolia Road. Section 2. The interests in real estate required to be taken for such public use are described in the Certificate of Engineer prepared by the Office of the City Engineer and filed with Office of the City Clerk pursuant to K.S.A. 26-201. A copy of the Certificate of Engineer is and incorporated as Exhibit A. Section 3. The public right-of-way and temporary construction easement described attached Exhibit A are hereby ordered condemned for the purposes set forth in Section 1 above. Section 4. The City Attorney is hereby directed to file a verified petition in the District Court of Saline County, Kansas, for the condemnation and acquisition of the public right- of-way and temporary construction easement described in Exhibit A, pursuant to Chapter 26 of the Kansas Statutes Annotated, and amendments thereto, as it relates to condemnation by cities, and to do all that is necessary for the condemnation and acquisition of the interests in real estate for the stated public purposes. Section 5. This ordinance shall constitute the final order setting forth the condemnation of the interests in real estate described herein and for the purposes for which they are to be used. Section 6. This Ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. ATTEST: R. Weber, Deputy City Clerk Introduced: May 18, 1998 Passed: Ma 18, 1998 I V� Peter F. Brungardt, Mayor