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92-9522 Eminent DomainKuhn -Cor Printing — Salina, Kansas (Published in The Salina Journal July 31 1992) ORDINANCE NUMBER 92-9522 AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL ESTATE AND PERMANENT AND TEMPORARY EASEMENTS FOR THE USE OF THE CITY OF SALINA, KANSAS, FOR THE PURPOSES OF CONSTRUCTING, INSTALLING AND MAINTAINING PUBLIC UTILITIES, IN PERPETUITY, IN CONJUNCTION WITH THE EAST DRY CREEK INTERCEPTOR SEWER PROJECT, PURSUANT TO K.S.A. CHAPTER 26, AND AMENDMENTS THERETO, AS IT RELATES TO CONDEMNATION BY CITIES, AND FURTHER PURSUANT TO RESOLUTION NUMBER 92-4480 OF THE CITY OF SALINA, KANSAS. WHEREAS, the Board of Commissioners of the City of Salina, Kansas, directed a survey and description to be made of certain real estate and permanent and temporary easements to be acquired by the City for the purposes of constructing, installing and maintaining public utilities, in perpetuity, in conjunction with the East Dry Creek Interceptor Sewer Project; which survey and description have been filed with the Office of the City Clerk, SO NOW, THEREFORE BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the Board of Commissioners hereby reaffirms the prior orders and declarations of the necessity for acquisition of fee simple title to certain real estate and permanent and temporary easements to be acquired by the City for the purposes of constructing, installing and maintaining public utilities, in perpetuity, in conjunction with the East Dry Creek Interceptor Sewer Project. Section 2. That the fee simple title to real estate and permanent and temporary easements required to be taken for such public use is described in the Certificate of Engineer prepared by the Office of the City Engineer and filed with the Office of the City Clerk pursuant to K.S.A. 26-201. Section 3. That the fee simple title to real estate and permanent and temporary easements described in the Certificate of Engineer are hereby ordered condemned for the purposes set forth in Section 1 above. Section 4. That 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 fee simple title to real estate and permanent and temporary easements described in the Certificate of Engineer 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 such interests in real estate for the stated public purposes. Kinn -Cox Printing — S,I,,,. Kansas Section 5. That this ordinance shall constitute the final order setting forth the condemnation of the fee simple title to real estate and permanent and temporary easements described herein and for the purposes for which it is to be used. Section 6. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. -(SEAL) ATTEST: Jacqueline Shiever, CMC City Clerk Introduced: July 20, 1992 Passed: July 27, 1992 ep 4�r* O `W Carol E. Beggs, Mayor