3499 Approving North StreetJ
343
ORDINANCE NO. 3499
Published in the Salina Journal, January
AN ORDINANCE relating to the condemnation of certain private
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property for the purpose of opening, widening and extending
North Street between Ninth and Eleventh Streets; designating
a benefit district and providing for the appointment of Com-
missioners to make an appraisement and to assess damages and
benefits; and providing for the vacation of certain portions of Tenth
Street and of North Street as now existing between Ninth Street and
Eleventh Street.
WHEREAS, pursuant to the provisions of ordinance No. 3397
duly adopted on June 20th, 1927, 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 land to be appropriated for the
purpose described in said ordinance, for the purpose of opening,
widening and extending North Street between Ninth Street and
Eleventh Street in the City of Salina, and
WHEREAS, in the opinion of the governing body of said city,
certain property will be specially benefited by said proposed
improvements, and a benefit district to include the property
specially benefited should be fixed, and Commissioners to appraise
the land taken, and assess damages and benefits, should be appointed
as required by law; and
WIE- REAS, if in proceedings duly has for such purpose, said
North Street, is opened, widened and extended as herein provided
for, certain portions of North Street and Tenth Street as now
existing between Ninth and Eleventh Streets will be unnecessary
for street purposes and may be properly 'vacated; NOIN THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the following described tracts or parcels
of land be and the same are hereby condemned and appropriated for
the purpose of opening, widening and extending North Street in the
City of Salina between Ninth Street and Eleventh Street, such tracts
or parcels being more particularly described as follows, tai -wit:
(1) Commencing at a point on the south line of North Street
(west of Ninth Street) 136.6 feet west of the west line of Ninth
Street, said point being 118 feet distant, at right angles, from
the center line of the main track of the Union Pacific Railroad;
thence southwesterly along a line parallel with and 118 feet distant,
northwesterly, from said center line of the main track of the Union
Pacific Railroad, to the point of intersection of said line with
the east line of Tenth Street; thence north.along the east line of
Tenth Street to the intersection of said line with the south line
of North Street; thence east along the south line of North Street
to the point of beginning.
(2) Commencing at the point of intersection of the east line
of Eleventh Street with the south line of North Street (east of
Eleventh Street); thence south along the east line of Eleventh
Street 75.12 feet to a point in the sout�L line of said Eleventh
Street which is 118 feet distant, at right angles, fro€nthe center
line of the main track of the Union Pacific Railroad; thence north-
easterly along a line which runs parallel with and 118 feet distant
from the said center line of the main track of the Union Pacific
Railroad, to the point of intersection of said line with the south
line of North Street (between Tenth and Eleventh Streets); thence
west along the south line of North Street to the point of beginning.
(3) Commencing at the point of intersection of the west line
of Tenth Street with the north line of North Street, (west of Tenth
Street); thence west along the north line of said North Street to
the point of intersection of said line with'a line running parallel
with and 188 feet distant, northwesterlyv'fr'OM the center line of the
main track of the Union pao-Ifie'Railroad; thence northeasterly along
the line last described to its point' of intersection -with the" west'
line of Tenth Street; thence south along the west line'`of Tenth Street
to the point of beginning.
Section 2 -That all of the private propetty:lying within the
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benefit district hereinafter described is., in the opinion of,the Board
of Commissioners, specially benefited by the opening, widening and
extending of Vorth Street as hereinabove provided for, and that said
benefit district be and the same is hereby designated and fixed as
follows: A.1-1 of Blocks 5 and 10 of Depot Addition as ori6inally
platted except that part of lots 17, 18 and 19 in Block 10 proposed
to be taken in this proceeding and all of that part of Blocks 6 and
9 in Depot Addition as originally platted lying north of the center
ofthemain line track of the Union Pacific Railroad running through
said blocks 6 and 9 except those portions of said blocks proposed
to be taken in by this proceeding.
Section 3. That the City Attorney be and he is hereby
authorized and directed as soon as this ordinance takes effects to
present a written application to the Judge of the District Court of
Saline County, Kansass describing the land sought to be taken as
aforesaid for said improvementso and setting out the benefit district
in full as fixed herein, and requesting the appointment ntment 6f three
commissioners to appraise the value of the land so taken and to assess
the damages therefor, and to assess against the City at large the
amount of the benefit to the public generally, if any, and to assess
against the property in said benefit district the cost of said con-
demnation except that portion assessed against the city, as provided
by law, and that all other and further action necessary for the
appropriation and condemnation of said lands for such purpose be and
the same is hereby authorized and directed to be done and performed.
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Section 4. That the following portions of that part of North
Street as the same now exists between Ninth Street and Eleventh
Street be and the same are hereby vacated, such portions of said
street to revert to and become a part of the private property now
lying adjacent thereto in the manner provided by law, such portions
of said street so vacated being described as follows:
(A) Commencing at the point of intersection of the (east line
of Eleventh Street with the north line of North Street, (east of
Eleventh Street) as now existing, such point being the south west
corner of Block 10 in Depot Addition; thence south along the east
line of Eleventh Streets extended., to its intersection with the
south line of North Street, saidpoint being 188 feet northwesterly,
at right angles, from the center line of the main track of the
Union Pacific Railroad; thence northeasterly along.a line parallel
with and 188 feet distant from said center line of the main track
of the Union Pacific Railroad to the point of intersection of said
line with the south line of block 10 Depot kddition; thence west
along the south line of said blcck 10 to the point of beginning.
(B) Commencing at the point of intersection of -the east line
of Tenth Street with the north line of North Street (east of Tenth
Street), said point being the Southwest corner of Block 5 in Depot
Addition; thence south along the east line of Tenth Streets extended,
to a point in said line 188 feet northwesterly, at right angles,
from the center line of the main track of the Union Pacific Rail-
road; thence northeasterly along a line parallel with and 188 feet
northwesterly from the said center line of the said main track of
the Union Pacific Railroad to the point of intersection of said
line with the south line of Block 5$ Depot Addition; thence west
along the south line of said Block 5 to the point of beginning.
(C) Commencing at the point of intersection of the south
line of North Street (Between Tenth and Eleventh Streets) with
a line drawn parallel with and 118 feet northwesterly, at right
angles, from the center line of the main track of the Union Pacific
Railroad; thence northeasterly along said line last described to its
point of intersection with the east line of Tenth Street; thence
south along the east line of Tenth Street to its intersection with
the south line of North Street; thence west along the south line of
North Street to the point of beginning.
Provided however, that the vacation of said portions of North
Street and Tenth Street described in this section shall become
effective only in case the proceedings for the condemnation of
certain property for the opening, widening and extending of North Street
as hereinabove in this ordinance provided for shall be fully completed,
and the award and appraisement of the Commissioners appointed for such
purpose by the Judge of the District Court of Saline County be accepted
by the governing body of the City of Salina., and in the further event
that any such award, appraisement, and assessment of damages and
benefits, if any, in such proceedings, be not appealed from by any of the
owners of the private property taken for such condemnation or the owners
of property in the benefit district hereinabove in this ordinance
provided for from any assessment of benefits against their property;
and provided further that if such condemnation proceedings be dis-
continued by the governing body of the City of Salina or if the appraise-
ment award or assessment of damages or benefits by commissioners in
w ch condemnation proceedings be appealed from by the owners of pro-
perty taken or property assessed with benefits for such condemnation,
the vacation of the portions of North Street and Tenth Street herein-
above in this section described, shall not be effective and this section
of this ordinance may at any time thereafter be repealed by the govern-
ing body of the City of Salina.
Section 5. The tract of land referred to in Section 1 of this
ordinance as 111"'. 1121f and"Vt and in Section 4 of this ordinance as
"A "B" and "C" are the same tracts as those so designated on the
plat or map prepared by the City Engineer and filed in the office of
the City Clerk on July 11, 1927 pursuant to the provisions of ordinance
No. 3397 which plat or map is by reference made a part of this ordinance.
Section 6 This ordinance shall take effect and be in force
from and after its publication in the official city paper.
Introduced January 16th, 1928
Passed January 23rd, 1928
Guy T. Helvering
Attest: Mayor
Chas. E. Banker
City alerk
STATE OF KANSAS
ss
COUN'TY OF SALINE
Is 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. 3499 passed and approved by the Board of Gommissioners
of the City of Salina, January 23rd, 1928 and a record of the vote on
its final adoption is found on page` -t lJournal No. 11
U3-rGY Clerk
(Published in The Salina Journal, January 1928)
ORDINANCE NO 3499,
AN ORDINANCE relating to the condemnation of certain private
property for the purpose of opening, widening and extending
North Street between Ninth and Eleventh Streets; designating
a benefit district and providing for the appointment of Com-
missioners to make an appraisement and to assess damages and
�b„„e,n�efits; and providing for the vacation of certain portionsof Tenth
Streefdi” North Street as now existing between Ninth Street and ;
Eleventh Street.
WHEREAS, pursuant to the provisions of Ordinance No. 3397
duly adopted on June 20th, 1927s 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 land to be appropriated for the
",--purpose described in said ordinance, for the purpose of opening,
widening and extending North Street'between Ninth Street and
Eleventh Street in the City of Salina, and
WHEREAS, in the opinion of the governing body of said city,
certain property will be specially benefited by said proposed
improvements, and a benefit district to include the property
specially benefited should be fixed, and Commissioners to
appraise the land taken, and assess damages and benefits, should
be appointed as required by law; and
WHEREAS, if in proceedings duly had for such purpose, said
North Street is opened, widened and extended as herein provided
for, certain portions of North Street and Tenth Street as now
existing between Ninth and Eleventh Streets will be unnecessary
for street purposes and may be properly vacated; NOW THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the following described tracts or parcels
of land be and the same are hereby condemned and appropriated for
the purpose of opening, widening and extending North Street in the
City of Salina between Ninth Street and Eleventh Street, such tracts
or parcels being more particularly described as follows, to -wit:
(1) Commencing at a point on the south line of North Street
(west of Ninth Street) 136.6 feet west of the west line of Ninth
Street, said point being 118 feet distant, at right angles,,from
the center line of the main track of the Union Pacific Railroad;
thence southwesterly along a line parallel with and 118 feet distant,
northwesterly, from said center line of the main track of the Union
Pacific Railroad, to the point of intersection of said line with the
east line of Tenth Street; thence north along the east line of Tenth
Street to the intersection of said line with the south line of
North Street; thence east along the south line of North Street to
the point of beginning.
(2) Commencing at the point of intersection of the east line
of Eleventh Street with the South line of North Street (east of
Eleventh Street); thence south along the east line of Eleventh
Street 75.12 feet to a point in the south line of said Eleventh
Street which is 118 feet distant, at right angles, from the center
line of the main track of the Union Pacific Railroad; thence north-
easterly along a line which runs parallel with and 118 feet distant
from the said center line of the main track of the Union Pacific
Railroad, to the point of intersection of said line with the south
line of North Street (between Tenth and Eleventh Streets); thence
west along the south line of North Street to the point of beginning.
(3) Commencing at the point of intersection of the west line
ofTenth Street with the north line of North Street, (west of Tenth
Street);. thence west along the north line of said #orth� Street to
the point of intersection of said line with a line running parallel
with and 188 feet distant, northwesterly, from the center line of the
main track of the Union Pacific Railroad; thence northeasterly along
the line last described to its point of intersection with the west
line of Tenth Street; thence south along the west line of Tenth
Street to the point of beginning.
Section 2. That all of the private property lying within the
benefit district hereinafter described is, in the opinion of the
Board of Commissioners, specially benefited by the opening, widening
and extending of North Street as hereinabove provided for, and that
said benefit district be and the same is hereby designated and fixed
as follows: All of Blocks 5 and 10 of Depot Addition as originally
platted except that part of lots 17, 18 and 19 in Block 10 proposed
to be taken in this proceeding and all of that part of Blocks 6 and
9 in*Depot Addition as originally platted lying north of the center
of the main line track of the Union Pacific Railroad running
through said blocks 6 and 9 except those portions of said blocks
in
proposed to be taken/by this proceeding.
Section 3. That the City Attorney be and he is hereby
authorized and directed as soon as this ordinance takes effect,
to present a written application to the Judge of the District
Court of Saline County, Kansas, describing the land sought to be
taken as aforesaid for said improvements, and setting out the
benefit district in full as fixed herein, and requesting the
appointment of three commissioners to appraise the value of the
land so taken and to assess the damages therefor, and to assess
against the City at large the amount of the benefit to the public
generally, if any, and to assess against the property in said
benefit district the cost of said condemnation except that portion
assessed against the city, as provided by law, and that all other
and further action necessary for the appropriation and condemnation
of said lands for such purposes be and the same is hereby authorized
and directed to be done and performed.
Section 4. That the following portions of that part of North
Street as the same now exists between Ninth Street and Eleventh
Street be and the same are hereby vacated, such portions of said
street to revert to and become a part of the private property now
lying adjacent thereto in the manner provided by law, such portions
of said street so vacated being described as follows:
(A) Commencing at the point of intersection of the east line
of Eleventh Street with the North line of North Street, (east of
Eleventh Street) as now existing, such point being the south west
corner of Block 10 in Depot Addition; thence south along the east
line of Eleventh Street, extended, to its intersection with the
south line of North Street, said point being 188 feet northwesterly,
at right angles, from the center line of the main track of the
Union Pacific Railroad; thence northeasterly along a line parallel
with and 188 feet distant from said center line of the main track
of the Union Pacific Railroad to the point of intersection of said
line with the south line of Block 10 Depot Addition; thence west
along the south line of said Block 10 to the point of beginning.
(B) Commencing at the'point of intersection of the east line
of Tenth Street with the north line of North Street (east of Tenth
Street), said point being the Southwest corner of Block 5 in Depot
Addition; thence south along the east line of Tenth Street, extended,
to a point in said line 188 feet northwesterly, at right angles,
from the center line of the main track of the Union Pacific Rail-
road; thence northeasterly along a line parallel with and 188 feet
J northwesterly from the said center line of the said main track of
the Union Pacific Railroad to the point of intersection of said
line with the south line of Block 5, Depot Addition; thence west
along the south line of said Block 5 to the point of beginning.
(C) Commencing at the point of intersection of the south
line of North Street (between Tenth and Eleventh Streets) with
a line drawn parallel with and 118 feet northwesterly, at right
angles, from the center line of the main track of the Union Pacific
Railroad; thence northeasterly along said.line last described to its
point of intersection with the east line of Tenth Street; thence
south along the east line of Tenth Street to its intersection with
the south line of North Street; thence west along the south line of
North Street to the point of beginning.
Provided however, that the vacation of said portions of.North
Street and Tenth Street described in this section shall become
effective only in case the proceedings for the condemnation of
certain property for the opening, widening and extending of North
Street as hereinabove in this ordinance provided for shall be fully
eompleted,.and the award and appraisement of the Commissioners
appointed for such purpose by the Judge of the District Court of
Saline County be accepted by the governing body of the City of
Salina, and in the further event that any such award, appraisement,
and assessment of damages and benefits, if any, in such proceedings,
be not appealed from by any of the owners of the private property
taken for such condemnation or the owners of property in the benefit
district hereinabove in this ordinance provided for from any assess-
ment of benefits against their property; and provided further that
if such condemnation proceedings be discontinued by the governing
body of the City of Salina or if the appraisement award or assessment
of damages or benefits by commissioners in such condemnation pro-
ceedings be appealed from by the owners of property taken or property
assessed with bendfits for such condemnation, the vacation of the
portions of North Street and Tenth Street hereinabove in this section
described, shall not be effective and this section of this ordinance
may at any time thereafter be repealed by the governing body of the
City of Salina.
Section 5. The tract of land referred to in Section 1 of
this ordinance as "1", 112" and "3" and in Section 4 of this ordinance
as "A", "B" and "C" are the same tracts as those so designated on
the plat or map prepared by the City Engineer and filed in the
office of the City Clerk on July 110 1927 pursuant to the provisions
of ordinance No. 3397 which plat or map is by reference made a part
of this ordinance.
Section 6. This ordinance shall take effect and be in force
from and after its publication in the official city paper.
Attest:
Introduced January 16th, 1928
passed---- January 23rd, 1928
-Mayor
City Clerk