3534 Approve Eleventh StreetI
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ORDINANCE NUMBER 3534.
An Ordinance approving the report of Commissioners in the matter of
the condemnation of certain land for the opening, widening
and extending of Eleventh Street from the south line of
Park Street at a point 130 feet south of the south line of
Park Street; making an appropriation for the payment of
the amount awarded by such commissioners to the owners of
the property condemned; and providing for the completion
of such condemnation proceedings in the manner provided by
law.
BE IT ORDAINED by the Board of Commissioners of the City of
Salina -as:
s Kans,
Section 1. That the report of Ralph A. Smith, J. J. Morse
and E. D. Martin, Commissioners appointed by the Judge of the
District Court of �galine County, Kansas in the manner of the con-
demnation of certain private property for the opening., widening
and extending of Eleventh Street in the City of Salina from the
south line of Park Street to apoint 130 feet south of the south
line of Park Street, which report was filed in the office of the
City Clerk on the 7th day of May, 1928$ be and the same is hereby
approved and accepted*
Section 2. That the sum of 03500,00 being the amount due
to F. R. Fitzpatrick and W. G. Walden (as their interest may appeali
as the value of the land owned by them and taken bu such proceeding
to -wit: Lot Two (2) and the east eighteen (18) feet of Lot One
(1) in Abbott & Williams Addition in the City of Salina, Saline
County, Kansas, be paid to said F. R. Fitzpatrick and W. G. Walden,
and that said sum be and the same is hereby appropriated out of the
General Improvement Fund in the City Treasury for the payment
thereof;
Section 3. That the Directof of Finance be and he is hereby
authorized to issue a warrant countersigned by the City Manager,
upon the City Treasurer, in favor of F. R. Fitzpatrick and W. G.
Walden for the sum mentioned in Section 2 of this ordinance*
Section 4. That the City Clerk be and he is hereby directed
to deposit in the office of the City Treasurer a certified copy
of the Report of said Commissioners and that the City Treasurer
pay and deliver to said F. R. Fitzpatrick the amount hereinabove
appropriated, and that upon such payment the City Treasurer be and
he is hereby directed to certify such payment on said copy, and
that said report so certified be recorded in the office of the
Ilegister of deeds of "aline County., Kansas, as required by laws
and that upon such recording the proper officers of the City of
Salina shall forthwith take possession of, occupy, use and improve
said lands, described in said report and in Ordinance No. 3506 of
the City of Salina, providing for the condemnation of said land.
Section 5. That the amounts assessed by said Commis-
sioners in their report as benefits against the private property
in the Benefit District be levied and assessed against the several
tracts of land in said benefit district as shown by said report,
in due course, by Ordinance enacted for such purpose, and that
when collected, the amount of such assessments shall be paid
into the General Improvement Fund.
Section 6. That this ordinance shall take effect and
be in force upon its publication in the official City paper.
Introduced, May 7th, 1928.
Passed ---- May 14th, 1928.
( SEAL)
Attest:
Chas. E. Banker
City C erk.
STATE OF KANSAS )
) SS.
COUNTY OF SALINE )
Guy T. Nelvering.
Ma yor
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 Number 3534, and that a record
of the vote on its final adoption is found on Page `t of Journal
Number 11.
City�Ulerk.
(Published in The Salina Journal May /9� 1928)
ORDINANCE N0. 3534
An Ordinance approving the report of Coiumissioners in the matter of
the condemnation of certain land for the opening, widening and
extending of Eleventh Street from the south line of Park Street
at a point 130 feet south of the south line of Park Street; making
an appropriation for the payment of the amount awarded by such
commissioners to the owners of the property condemned; and pro-
viding for the completion of such condemnation proceedings in the
manner provided by law.
BE IT ORDAIISE'D by the Board of Commissioners of the City of Salina,
Kansas:
SECTION 1. That the report of Ralph A. Smith, J. J. Morse and E. D.
Martin, Commissioners appointed by the Judge of the District Court
of Saline County, Kansas in the matter of the condemnation of certain
private property for the opening, widening and extending of Eleventh
Street in the City of Salina from the south line of Park Street to a
point 130 feet south of the south line of Park Street, which report
was filed in the office of the City Clerk on May 1928 be and
the same is hereby approved and accepted.
SECTION 2. That the sum of 3500.00_, being the amount due to
F. R. Fitzpatrick and 71. G. Walden (as their interest may appear)
as the value of the land owned by them and taken by such proceedings,
to-:=rit: Lot Two (2) and the east eighteen (18) feet of Lot One (1)
in Abbott & Williams Addition in the City of Salina, Saline County,
Kansas be paid to said F. R. Fitzpatrick and W. G. Walden, and that
said sum be and the same is hereby appropriated out of the general
improvement fund in the city treasury for the payment thereof;
SECTION 3. That the Director of Finance be and he is hereby authorized
to issue a warrant to be countersigned by the City --Manager upon the
City Treasurer, in favor of F. R. Fitzpatrick and W. G. Walden for the
sum mentioned in Section 2 of this ordinance.
SECTION 4. That the City Clerk be and he is hereby directed to de-
posit in the office of the City Treasurer a certified copy of the
Report of said Commissioners and that the City Treasurer pay and deliver
to said F. R. Fitzpatrick the amount hereinabove appropriated, and
that upon such payment the City Treasurer be and he is hereby directed
to,ce`rtify such payment on said copy, and that said report so certified
be recorded in the office of the Register of Leeds of Saline County,
2.
Kansas, as required by law, and that upon such recording the proper
officers of the City of Salina shall forthwith take possession of,
occupy, use and improve said lands, described in said report and in
Ordinance Iv'o. 3506 of the City of Salina, providing for the condemna-
tion of said land.
SEC^1ION 5. That the amounts assessed by said Commissioners in their
report as benefits against the private property in the Benefit District
be levied and assessed against the several tracts of land in said
benefit district as shown by said sreport`-t, in due course, by Ordinance
enacted for such purpose, and that when collected, the amount of such
assessments shall be paid into the General Improvment Fund.
SECTION 6. That this ordinance shall take effect upon its publication
in the official city paper.
Introduced May 7th , 1928.
Passed May 14th , 1928.
Mayor.
Attest:
'�-� City Clerk.
AGREEIIS_ENT.
TF3IS AGREMIENT,, entered into thisday of
May, 1928 between The City'of Salina, Kansas of the
first part, and W. G. Walden of the second part,
Witnesseth:
That Whoreas,.The City of Salina has condemned
certain real estate, to -wit: Lot Tyro (2) and the
east eighteen (18) feet of Lot One (1) in Abbott and
Williams Addition in the City of Salina, Kansas for
the opening, widening and extending of Eleventh Street
in said city between the south line of park Street and
a point 130 feet south of the south line of park Street',
owned by F. R. Fitzpatrick and said 7. G. Walden, and
the value of slid land has been fixed in said condemna-
tion proceedings at the sum of 03500.,00; and
Whereas, said W. G. Walden desires to and has agreed
to purchase the dwelling house situated on said land
from the City of Salina at and for the sum of 01050.00;
Now Therefore
It is agreed between the parties hereto that upon
the payment by the City of Salina of said sum of :3500.,00
as the value of said land, with appurtenances, to the
parties entitled thereto; that said W. G. Walden shall,
and he does hereby agree, concurrently with the payment of
such sum, to pay to the city of Salina for the dwell ng
house located on said land the suns of $1050.00 and that
he will thereupon within days after the payment of
such sunt, remove at his oen expense said dwelling house
from said land, and in consideration. thereof, The City of
Salina shall, and it does hereby]s7 and, ansfer�toxid`
W. G. Walden said dwelling houses o a e on a an a ove
described, to be removed by said W. G. Walden at his own
expense within the time above mentioned, this agreement to
take effect upon the payment by said W., G.- Walden to the
City of Salina of the sum above mentioned,,
IN WITNESS WHEREOF, the
this instrument to be sieped
first above written:
parties hereto have caused
and executed the day and year
TkL C�Z Y S11LZN
BY
Attest: