3914 Eminent Domain EasementORDINANCE NO. 3914
(Published in the Salina Jo-.rnal
1930)
AN ORDINANCE relating to the condemnation of an easement over,
along and in certain private property for the purpose of
constructing therein sanitary sewers and water lines; designa-
ting a benefit district and providing for the appointment
of commissioners to make an appraisement and to assess
damages and benefits on account of such condemnation.
WHEREAS, pursuant to the provisions of Ordinance No. 3899, the
City Engineer of the City of Salina has made and filed in the
office of the City Clerk a survey and description of the ease-
ments to be appropriated for the purpose of constructing sanitary
sewers and water lines as provided for in said ordinance; and
7,1HEREAS, in the opinion of the governing body of said city, cer-
tain property will be benefited by such proposed improvements
and a benefit district to include property specially benefited,
should be fixed and commissioners to appraise the easements to
be taken and assess damages and benefits therefor should be
aprointed as provided by law; NOW THEREFORE,
BE IT ORDAINED BY the Board of Commissioners of the 6ity of Salina,
Kansas:
Section 1. That an easement over, along and in the following
described tracts or parcels of land be and the same is hereby con-
demned and appropriated for the purpose of constructing therein
sanitary sewers and mater mains, to -writ:
Commencing at a point 10 feet west of the intersection of
the center line of Pershing Avenue with the north line of the
north half of the north half of the southeast quarter of the sout#
east quarter of Secton 23, Township 14 south, Range 3 west of the
6th P. M. in Saline ounty, Kansas;.thence south to the south line
of the north half of the north half of the southeast quarter of the
southeast quarter of said Section 23; thence east along said line
20 feet; thence north to a point 20 feet east of the point of be-
ginning; thencecast to the point of beginning; also commencing at
a point 10 feet east and 165 feet south of the intersection of the
center line of Pershing Street with the north li-e of the north
half of the north half of the southeast quarter of the southeast
quarter of said Section 23; thence east to the east line of the
north half of the north half of the southeast quarter of the south-
east quarter of said Section 23; thence south 20 feet; thence west
to a point 20 feet south of the point of beginning; thence north
20 feet to the point of beginning.
Section 2. at all of the property lying within said benefit
district hereinafter aescribed is, in the opinion of the Board of
Commissioners, specially benefited by the condemnation of the ease-
ments provided for in Section 1 of this ordinance, and by the con-
struction of sanitary ses,'.ers and water lines to be constructed there-
in, and that said b enefit district be and the same is hereby de-
signated and fixed as follows: All of the north half of the north
half of the southeast quarter of the southeast quarter of Section
23, Township 14 south, Range 3 west, of the 6th P. M. in Saline
County, Kansas, all of the same being located within the City of
Salina, Kansas.
Section 3. That the City Attorney be and he is hereby
authorized and directed after this ordinance takes effect to present
a written application to the Judge of the District Court of Saline
County, Kansas, describing the easements condemned as aforesaid, for
such improvements and setting out the benefit district as fixed here-
in, and requesting the appointment of three commissioners to appraise
the value of the easements taken and to assess damages therefor, and
to assess against the City at large the amount of the benefit, if any,
to the public generally and to assess against the property in said
benefit district the cost of such condemnation except that portion
assessed against the city at large as provided by law.
Section 4. This ordinance shall take effect after its
publication in the official city paper.
Introduced June 23, 1930
Passed, June 30, 1930
Guy T. Helvering
Mayor -
Attest:
Chas. 9. Banker
`p'i'ty er
STATE OF KANSAS )
) SS
COUNTY OF SALIP,'E )
I. Chas. E. Banker, City Ulerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 3914 passed and approved by the Board of Com-
missioners of the City of Salina, Kansas, June 30, 1930; and a record
of the vote on its final adoptionis found on page °-7% r Journal No. 12
(Published in The Sr-lina vournal 1930)
07
.iD_L 1`T.-.1' C 1 0 • 3914.---
n Ordin<.nce relating to the condemn -.tion of an ease;ent over;
along and incertr,in private propertT for the purno7�e of con-
structin therein sanitary sewers and water lines; desi,7-,n,<tinr-
a benefit district 1 -_rd providin!r for the ,pointmont of com-
mir: _ Toners to m, 're � n a--)nraisel�Cnt <-,na to -.ssess d mic!:_,es �:nd
benefits on account of such condemnation.
z-, pursuant to the �,rovision s of Ordinance .':o.3899
the Cit-. E'nrineer of the City of =��.lina has made <_._nd. filed in
the office of the Cit-, Clerl--1 survey anti de;,cril.,tion of the
easements, to be appropri-I.ted for they )urpose of constructing;
s<<nit,:r7.- sewers -,.nd grater lines -:s r;rovided for in ^aiel ordinance;
and
'.ss.S, in the opinion of the E-overnin- bod-�,T of said city,
cer t .in property will be benefited by such proposed im,rovements
and F benefit district to include property.s,ecially benefited,
should be fixed and commissioners to appraise the e _ser,.ents to
be t,-'�-en and assess damages and benefits therefor should be
a _,pointed as provided by law; NO!,,i Therefore ,
Ii 0''D-iI1PZ b;- the Poard of Commissioners of the Cit.r
of Salina, Kansas.
8` CmI01i 1. Thr -t an easement over, -lon7 . nd in the following
described tracts or parcels of lend be and the same is hereby
condemned and n,rpropriated for the purpose of constructing; therein
sanit,-3.r. sewers �_:nd irra ter mains, to-1vit
Commer cin_:(- t w point 10 feet ?crest of the intersection of the
center line of Pershing =venue with the north line of the north
half of the north half"of the southeast cuarter of the �cutheast
cuarter of Cection �>>3, Township 14 -'.outh, -ang;e 3 ,Test of the 6th
P.:. in Brie County, �ansas; thence south to the south line of
the north half of the north half of the -outheast quarter of the
southeast quarter of said `vection X33; thence east alon- .:paid line
20 feet; thence north to a point 20 feet cast of the point of
beginning,; thence east to the point of beginning; also commencing
at point 10 feet east and 165 feet south of the intersection
of the center line of P ershinC -treet T- ith the north line of the
north half of the north half of the southeast cuarter of the south-
east quarter of said 'ection <33; thence east to the east line of
the north half of the north half of the southeast-luarter of the
southeast quarter of said section 3; thence youth -20 feet; thence
west to a point 20 feet south of the point of beginnin-; 'thence
north 20 feet to the point of beC.,inning.
S.CCTICi\; 2. That all of the property lying withinsaid benefit
district hereinafter described i.,, in the opinion of the roard of
Commissioners, specially benefited 1y the. condernm,.tion of the ease-
ments n_r. ovided for in Vection 1 of this; ordinance, and by the con-
struction of s,-nitar7l se?;rens and water lines to be constructed there-
in, and that said benefit 6istrict l:e and the same is hereb,.- de-
sign,, --ted and fixed as follojR,s : i,ll of the north h� if of the north
hL if of t', -Ie southeast quarter of the southeast quarter of Sect ion '.'3
Township 14 South, '�.nr-e 3 1re�- t of the 6th P. `,,. ; `line "ount- f
- in ���
:11 of the ~le beinC, located , ithin the City of 77,ilillll
':nsas •
Pa�,e 2.
SEC TICE` 3. '-hat the City _ittornez be Encs '_e is hereby
authorized and directed after this ordinance t." es effect to
present a ,mitten application to the Judge of the District
Court of ,::,U1ine County, Kansas, descri;,in;- tae easements con-
der_tined as aforesaid, for =such improvements and setting cut the
benefit district as fixed herein, and requesting tine L,1 ointment
of three commissioners to .-. -p-aise the value of the easerlents
taken and to assess d=ma"es therefor, and to � s�,ess C:.Er,`_inst the
Cite at large the amount of t e benef-t, if any-, to the public
generally and to assess a.z;uin., t the p,-operty in said benefit
district the co -t of such condemnation except that )ortion assess-
ed a;r-ainst the Cit!;- at large as provided by11aw.
`E'CTION 4. This ordinance shell to -;e effect after its
publication in the official city-
Introduced June -23! 1930 ___
Passed ____ June 30, 1930
' Player.
Attest:
City Clem.