5099 Easement Pacific Addition1
1
ORDINANCE NO. 5099
i
AN ORDINANCE making the appropriation for the payment of certain claims with
reference to condemnation of an easeiaent over, across, and in the east
15 feet of Lot Five (5), Block Nineteen (19), Pacific Addition, in Salina,
Kansas.
BE IT ORDAINED by the Board of Commiss3mners of the City of. Salina, Kansas:
Section 1. That in order to pay the claims of certain property owners as
evidenced by the report of the Commissioners filed in the office of the City Clerk
on the 6th day of August, 1945, and duly a,,)proved by the Board of City Commissioners,
city of Salina, Kansas on the 6th day of August in the matter of the condemnation
of an easement over, across, and in certain lands, to -wit:
The east 15 feet of Lot five (5), Block Ninteen (19), Pacific Addition
i
in Salina, Kansas; which said report has been duly auditied and a -)proved, there
is hereby appropriated out of the general improvement fund in the City Treasury
I
the sum required to pay said claims.
i
Section 2. That the sum of $202.56 be and the same is hereby appropriated
from the general improvement fund of the City Treasury for the cost of easement
j as showan by report of Commissioners referred to in Section 1 of tris Ordinance.
s
Section 3. That the Director of Finance be and he is hereby authorized
j to issue warrants countersigned by the City manager upon the City Treasurer for
the payment of claims mentioned in Section 2 of this ordinance.
f
leo-tion 4. That this ordinance take effect and be in force from and after
its passage.
Passed this 6th day of August, 1945
Signed and approved this 6th day of August, 1945
i
(SEAL) J. H. Moore, Jr.
yor
Attest: Chas, E. Banker
City Merk
STATE OF KANSAS )
SS
COUNTY OF :ALINE )
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby
certify that the above and foregoing is a true and correct copy of Ordinance No.
5099 passed and approved by the Board of Commissioners of the City of Salina
August 6, 1945; and a record of the vote on its final adoption is found on page
Journal No. 15.
City er
Filed for", rec d Aug. 24, 1945, 2:25 'P.M. Volume 43 ,of Misc. Page 637.
Elsie L. Eepperly, Register of Deeds.
�p
OKDII'I�I'?CE Y0. .P..._� 2-
An Ordinance making the appropriation for tie payment of
certain claims with reference to condemnation of an easement
over, across, and in the Last 15 feet of Lot Five (5), Block
!' ' ineteen (19 ), Pacific addition, in Salina, 1'ansas.
E IL OitiII�ED by the Board of Commissioners of the city
I'
of Salina, Kansas:
Section 1. That in order to pay the claims of certain
property owners as evidenced by the report of the Commissioners
filed in the office of the City Clerk on the 6 th dar of Au^izst,
1945 and duly approved b-
,; the 3oard of City Commissioners, city
of Salina, Kansas on the 6th day of Au�_;ust in the matter of the
condemnation of an easement over, across, and in certain lands,
to -wit:
The East 15 feet of Lot Five (5), Block "ineteen (19),
Pacific Addition in Salina, Kansas; which said report has been
duly audited and approved, there is hereby appropriated out of
the general improvement fund in the City Treasury the sum re-
quired to pay said claims.
Section 2. That the sum of i�202.56 be and the same is
hereby appropriated from the general improvement fund of the
City Treasury for the cost of easement as shown by report of
Commissioners referred to in Section 1 of this Ordinance.
Section 3. That the Director of Finance be and he is
hereby authorized to issue warrants countersigned by the City
ivlanager upon the City Treasurer for the payment of claims
mentioned in Section 2 of this Ordinance.
Section 4. That this Ordinance take effect and be in
force from and after its passage.
s,s e d this 6th day of August, 1945.
and approved this 6th day of August, 1945.
wa' IJt yy 4
il0jor
ATTEST:
City Clerk
Volume 43 of Misc. Page 639,
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Volume 43 ,of M13c. Page 640.
IPI THE DISTRICT COURT OF SALINE COUNTY, KANSAS
In the Matter of the Application of the )
City ol' aalina, Kansas, to the Hon. Roy )
A. Smith, Judge of the District Court of )
Saline County, Kansas, for the appointment )
of Commissioners to appraise and assess ) Nc. 17315
damages by reason of the condemnation b-, )
the City of Salina, Kansas, of certain real
estate herein described for public use.
-------------------------------------
REPORT OF CO "IMISSIOTvERS
The undersivned, John. Frederick, Wm, F. Grosser, Jr., and J.
Earl Wyatt, comiui.ssioners appointed by the Judge of the District
Court of Saline County Kansas, by an order duly made and entered
by said Judge on July �, 1945, in cause No. 17315 in. said court,
to appraise the value of an easement over, in and across the East
15 feet of Lot 5, Block 19, Pacific Addition to the City of Salina
and for the purpose of assessing the damages to the owner or owner
of said property by reason of the taking of such easement, and any`
other damages done to such owner or owners by such appropriation, I
and to assess against the City of Salina the amount of the benefit
if any, to the public generally, and to assess the remainder of
such damages and the cost of such condemnation, against the pri-
vate property within the benefit district described in Ordinance
No. 5078 of the City of Salina, which shall, in the opinion of the:
commissioners, be specifically benefited by such proposed improve -i
ment, do hereby respectfully report as follows:
That having first taken and subscribed an oath in writing to
faithfully and impartially perform their duties as such commiss-
ioners, which oath is returned herewith and attached hereto, such "
commissioners proceeded to give due notice to the owners of the
property to be appropriated, and to all others concerned, of the
time and place when and where they would meet for the purpose of
assessing such damages, and for the appraisal of the value of the
easement so taken, and to assess other damages, if any, done to
the owners of such easements, by such appropriation, and the
assessment of the benefit to the property within the benefit
district, by publication of such notice in T.HE; SALDTA JOURNAL,
the official city paper, on the lith day of July, 1945, at least
ten days prior to the date set for said meeting; that a true and
correct copy of said notice with the proof of publishing thereof
being returned herewith, attached hereto, and made a part hereof;,'
that pursuant to such notice, said commissioners duly met at the
time and place mentioned in said notice, and thereupon proceeded
to view the land over, on and across which said easements are to
be appropriated, and the property within said benefit district;
That having viewed the premises as aforesaid, said commission-,
ers adjourned until the 23rd day of July, 1945 at 10:00 o1clock
A.M. and that pursuant to such adjournment, said commissioners
duly made and do now hereby make their report of the appraise- i
ment of the value of the land so taken, and the easement and I
of the damages and benefits as follows:
Damages:
Appraised value of the easements hereinabove described, all
assessed as damages to be paid to: is
Maude G. Estep, Alma Belle Balaun and Chalmer Roy rEstep,
the owners of said property, no other
damages having been done to the owners of
such property, by reason of such appropriation, to -
wit: ...
Commissioners fees _-'n-no
Cost due Clerk of the District Court, Case
Pio. 17315 ....................................... ;P 5.30
Volume 43 of Misc. Page 641.
REPORI 0I�' C0!'r]2 ISSIOI'L?S
Publication notice `w 12-56
Cost of Recording 4.�a
Total cost of condemnation ...............
Benefits:
15
owned
by
To the City at large
L nne
Lot
Private property in benefit district, to -wit:
owned
by
L. D� O'Neil and Bertha M.
Lots 51, 6. and 7. Block 19, Pacific Addition,
owned by Maude G. Estep, alma Belle Belaun and
Chaliner Roy Estep
23,s32
;
Lots 1 to 18 inclusive, Block 1 Crowthers
00.00 •
s
Lot
Addition to the City of Salina, Kansas .......
owned
by
Theo. B. W. Seitz ........
Lot 1 owned by Elizabeth Stonebraker .....
25 32 ;
Lot
18
Lot 2 owned by Katharine Marie Swenson
by
Levi Wakefield ...........
i
Lot 3 owned by Chal mer M. Estee ..........
19.24
Lot 4 owned by George L. Doebert and Pauline F.
TOTAL .............
202.56
Doebert, husband and wife, ...................
Lot 5 owned by Chalmer M. Estep
19.24
Lot 6 owned by Fred Ziegler ..............
Q0�,0Q
;
Lot 7 owned by M. B. Wilcoxon ........... ,p
19.24
;
Lot 8 owned by Perry Fuller ..............
`L
00.00
.
Lot 9 owned by Pearl E. McQuistion .......
19.24
;I
1
Lot 10 owned by A. W. Laughlin ...........
�L00.00
;
Lot 11 owned by W. J. Pledsoe and Helen
Lucille Bledsoe, his wife ................
7
19.24
;
Lot 12 owned by Paul W. Tyler ............
00.00
;
Lot 13 owned by Katherine Kehl ...........
19.24
;
Lot 14 owned by James K. McKie ..,........
P
00.00
;
Lot
15
owned
by
Edward Kehl ..............A
19.24 ;
Lot
16
owned
by
L. D� O'Neil and Bertha M.
O'Neil,
hil, wife
.`. ':........:.:......:...
00.00 •
s
Lot
17
owned
by
Theo. B. W. Seitz ........
25 32 ;
Lot
18
owned
by
Levi Wakefield ...........
00.00 ;
TOTAL .............
202.56
Respectfully Submitted,
Dated this day of July, 1945„
' Volume 43.of Mise. Page 642.
CIi'Y CLERK'S C. R`i'IFICATE
State of Kansas, Saline County, SS:
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas do
hereby certify that the foregoing is a true and complete copy
of the report to John Frederic., Wri. F. Grosser, Jr., and J.
Earl Wyatt, Commissioners appointed by the Judge of the District
Court of Saline County, Kansas in the matter of the condemnation
of an easement in certain lands by the City of Salina, Kansas,
and that such report was filed in my office on the G day of
August, 15di
45 and that the City Clerk was authorized an rected
by the board of commissioners of said city to certify a copy
of the same and to deposit the same in the office of the city
Treasurer of said city, and that when the same has been certified
by the city Treasurer as required by law, to file such certified
copys in the office of the Register of Deeds of Saline County,
Kansas.
In witness whereof, I have here unto set my hand and the seal
of said city on this 6� day of August, 1946.
- City Clerk
CITY TREASURER 1 S CERTIFICATE
State of Kansas, Saline County, SS:
I, Henry H. Eberhardt, City Treasurer of the City of Salina,
Kansas do hereby certify the foregoing copy of the report of
the Commissioners in the matter of condemnation of an easement
in certain lards by the City of Salina, Kansas, as certified
by the City Clerk of said city, has been deposited in my office
by said City Clerk, and I further certify that there is on
deposit in the City Treasurer, applicable to the payment of the
darriaCes awarded to the owner -s of the property in the proceedings
covered and referred to in the foregoing report, a sufficient
amount to pay to all of the owners of property mentioned in
said report such amount as may be due to them on account of
damages awarded to them by said corimissioners as shown by the
above and foregoing report.
In witness whereof, I have here unto set my hand as City
Treasurer of the City of Salina, Kansas this day of
August, 1945.
City Clerk