5715 Eminent Domain - Easement in Garden Homes Addition1
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ORDINANCE NUMBER 5715
Published in the Salina Journal 1952
AN ORDINANCE condemning an easement in certain land within Saline County, Kansas,
for the use of said city for the installation, repair, replacement and maintenance
of Intercepting Sewer "AA" through Lot 16, Garden Home Addition to the City of
Salina, Kansas.
WHEREAS, the governing body of the City of Salina, Kansas, on the 4th day of
August, 1952 found it necessary to appropriate an easement in certain private
property in Salina, Saline County, Kansas, for the use of said city for the instatll-
atiorl, repair, replacement and maintenance of Intercepting Sewer "AA" through
Lot 160 Garden Home Addition to the City of Salina, Kansas, and directed the City
Engineer of Salina, Kansas, to file a survey and description of the easement so
required, and,
VVHEREAS, on the 15th day of August, 1952, a survey and description of the land so
required was duly filed with the City Clerk, SO NOW THEREFORE,
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BE IT ORDAINED by the Birard of Commissioners of the City of Salina, Kansas:
Section 1. The following described easement is hereby condenmed and approp-
riated for the use of the City of Salina, Kansas, for the installation, repair,
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replacement and maintenance of Intercepting Sewer ".AA" through Lot 16, Garden
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Home Addition to the City of Salina, Kansas, to-wit4l
Beginning at a point 50 feet west and 180 feet north of the south-
east corner of Section 131 Township 14 south, Range 3 west of the
Sixth Principal Meridian; thence south 10 feet; thence west para-
llel with the south line of said section, 283 feet, more or less,
to the east line of Lot 4, Block 11, Replat of Garden Home Addi-
tion to the said city, ' ty, thence north 10 feet, thence east 283 feet,
more or less, to the point of beginning, containing 0.0648 acres,
more or less*
jall for the right of ingress and egress by the City of Salina, its servants, officers,
employees and contractors, therefore, for the purpose of constructing, maintaining,
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repairing and replacing said intercepting surer and all connections, manholes,
flush tanks and other appurtenances thereto, all in accordance with the plans and
specifications now on file in the office of the City Clerk of the City of Salina,
which plans and specifications are hereby incorporated herein and made a part
hereof by reference.
Section 2. It is found that the following described property within the
City limits of the City of Salina, Kansas, will be specially benefited by reason
of the acquisition of such easement.
Lot 16, Garden Home Addition to the City of Salina, Kansas.
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Section 3. That C. L. Clark, City Attorney, is hereby ordered and to forth-
with prepare and present in the name of the Board of Commissioners of the Ci*y
of Salina, Kansas, a written application to the Judge of the District Court of
Salina Count Kansas, , praying for an order of appointment of commissioners to make
appraisement and assessment of damages arising from the appropriation of said
easement in said real estate described in Section 1 hereof and do and perform all
things in and about procuring and recording of said order of appointment required
by law.
Section 4. That for the payment of the cost thereof, the Board of Commi-
ssioners shall issue Improvement Bonds of the City of Salina, Kansas, in an amount
not to exceed the total cost
of acquiring said easement in said land herein condemned,
except as herein provided, to be payable in four4
( ) approximately equal annual
installments to bear interest at not to exceed five per cent per annum from the
date of such bonds and for the purpose of paying such bonds and interest as they
severally mature, the Board of Commissioners shalls
1. Apportion and assess against the lots and pieces of ground within the
benefit district, special assessments covering such portion of the cost
of such land so acquired as shall be chargeable to said d benefit district,
such assessment and apportionment ordinance shall contain the total amount
Of tax apportioned to such tract, piece or parcel of land within the tax-
ing district and shall state the number of annual installments in which
such tax is to be collected; and thereafter the City Clerk shall annually,
at the same time that other taxes are certified certify
� of , to the Co
Salim f'3' ut Clerk
Saline County, Kansas, a full list of all property liable for such w ork
and improvements, together with the respective numbered amounts due on each
of said tracts, pieces or parcels of land, which amounts shall include the
annual installments and interest on all unpaid balances for one year at the
rate of not to exceed five per cent per annu, on such amounts so certified,
which shall be collected as other taxes are colleetedr
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2. Annually levy a tax upon all real and personal property in the City of
Salina in an amount sufficient to pay the annual installments of the
principal and interest on that portion of the cost of such easement in
such land so acquired as shall be chargeable to the City at large; and
providing the issue of such bonds, temporary notes shall be issued
according to law, to pay the cost of acquiring such land.
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Section 5. This ordinance shall take effect and be in force from and after its
publication once in the official city paper.
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Introduced; September 15, 1952
Passed: September 22, 1952
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Mayo
Attests
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City Clerk
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