RESOLUTION NO. 6514

A RESOLUTION DIRECTING AND ORDERING A PUBLIC HEARING ON THE ADVISABILITY OF THE ESTABLISHING A SPECIAL ASSESSMENT BENEFIT DISTRICT FOR THE IMPROVEMENT OF CERTAIN DRAINAGE AND STORMWATER IMPROVEMENTS, INCLUDING THE ACQUISITION OF CERTAIN PROPERTY INTERESTS ASSOCIATED WITH THE IMPROVEMENT

ON OR NEAR CERTAIN REAL PROPERTY COMMONLY KNOWN AS ORCHARDS GOLF COURSE, GENERALLY LOCATED NORTH OF WEST 15^TH STREET, EAST OF LAWRENCE AVENUE

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

That a public hearing shall be held by the Governing Body of the City of Lawrence, Kansas, on the advisability of the following improvement:

The improvement of certain drainage and stormwater improvements, including the acquisition of certain property interests associated with the improvement generally located on or near certain real property, commonly known as Orchards Golf Course, generally located north of West 15^th Street, east of Lawrence Avenue, and related improvements thereto. The improvement shall include the acquisition of drainage easements and a conservation easement on the Orchards Golf Course that shall limit the future development of that property and reduce the future expansion of impervious surface on that property.

Said hearing shall be held on the 13^th day of January, 2004, in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq..

The City Clerk shall publish the following notice of such public hearing in the official city newspaper.

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Governing Body of the City of Lawrence, Kansas, will meet for the purpose of holding a public hearing as provided by K.S.A. 12-6a01 et seq. in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas on the 13th day of January, 2004, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq., to consider the advisability of the following proposed improvement, to-wit:

(a) The general nature of the proposed improvement:

(b) The proposed improvement district shall consist of the following tracts, to-wit:

Tract No. 01 1442 Lawrence Ave Beginning at the Southeast Corner of Lot 26, Block 3 Orchards No. 3 Subdivision thence South 89°46’00” West, 142.14 feet; thence North 00°14’00” West, 74.64 feet; thence North 89°29’39” East, 57.25 feet; thence South 00°30’21” West, 23.23 feet; thence North 89°29’39” East, 84.56 feet; thence South 00°30’00” East, 52.09 feet to the Point of Beginning.

Tract No. 02 1440 Lawrence Ave Beginning at the Northeast Corner of Lot 26, Block 3 Orchards No. 3 Subdivision thence South 00°30’00” East, 47.91 feet; thence South 89°29’39” West, 84.56 feet; thence North 00°30’21” East, 23.25 feet; thence South 89°29’39” West, 57.25 feet; thence North 00°14’00” West 25.31 feet; thence North 89°46’02” East, 141.69 feet to the Point of Beginning.

Tract No. 03 1438 Lawrence Ave Beginning at the Southeast Corner of Lot 25, Block 3 Orchards No. 3 Subdivision thence South 89°46’02” West, on the South line of said Lot 25, 131.69 feet; thence North 00°14’00” West, 43.97 feet; thence North 88°44’10” East, 131.5 feet; thence South 00°30’00” East, 46.34 feet; to the Point of Beginning, & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 04 1436 Lawrence Ave Beginning at the Northeast Corner of Lot 25, Block 3 Orchards No. 3 Subdivision thence South 00°30’00” East, on the East line of said Lot 25, 43.66 feet; thence South 88°44’10” West, 131.5 feet; thence North 00°14’00” West, 16.56 feet; thence on a curve to the Left, with a radius of 345.0 feet an Arc Length of 29.47 feet; thence North 89°45’07” East, 132.53 feet; to the Point of Beginning, & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 05 1434 Lawrence Ave Beginning at a Point on the East line of Lot 24, Block 3 Orchards No. 3 Subdivision, said point being 74.54 feet North of the Southeast Corner of said Lot 24; thence South 75°42’18” West, 142.02 feet to a Point on the West line of said Lot 24 said Point being an Arc Length of 40.5 feet Northwesterly of the Southwest Corner said Lot 24; thence Southeasterly on said West line on a curve to the Right, with a radius of 345.0 feet an Arc Length of 40.5 feet to the Southwest Corner of said Lot 24; thence North 89°45’21” East, 132.34 feet; to the Southeast Corner of said Lot 24; thence North 00°31’35” West, 74.54 feet to the Point of Beginning, & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 06 1432 Lawrence Ave Lot 24, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot; Less the South part thereof Deed Book 357 Page 1249 - 50

Tract No. 07 1428 Lawrence Ave Lot 23, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 08 1424 Lawrence Ave Lot 22, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 09 1420 Lawrence Ave Lot 21, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 10 1416 Lawrence Ave Lot 20, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 11 1412 Lawrence Ave Lot 19, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 12 1408 Lawrence Ave Lot 18, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 13 1404 Lawrence Ave Lot 17, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 14 1400 Lawrence Ave Lot 16, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 15 1324 Lawrence Ave Lot 15, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 16 1320 Lawrence Ave Lot 14, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 344 Page 680 Adjacent to said Lot.

Tract No. 17 1316 Lawrence Ave Lot 13, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 18 1312 Lawrence Ave Lot 12, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 19 1308 Lawrence Ave Lot 11, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 20 1304 Lawrence Ave Lot 10, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 21 1226 Orchard Court Lot 8A, Block 3 Orchards No. 3 Subdivision Described as: Beginning at the Northeast Corner of Lot 8; thence South 41°52’00” East on the Northeast line said Lot 8, 137.88 feet; thence South39°20’00” West 25.0 feet; thence North 79°58’36” West on the South line of said Lot 8, 144.89 feet; thence North 09°55’05” East, 88.66 feet to a Point on the South line of Orchard Court Cul-de-sac Right-of-way; thence Easterly on said Right-of-way line on a curve to the left with a Radius of 50.0 feet, an arc length of 54.81 feet to the Point of Beginning, ( Lot Split Lots 8 & 9 Plat Book 15 Page 167 Filed 9/18/1986.

Tract No. 22 1222 Orchard Court Lot 7, Block 3 Orchards No. 3 Subdivision.

Tract No. 23 1200 Orchard Court Lot 6, Block 3 Orchards No. 3 Subdivision.

Tract No. 24 1212 Lawrence Ave Lot 4, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 25 1208 Lawrence Ave Lot 3, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Adjacent to said Lot, Vacated by Douglas County Commission 2-14-83, Recorded Book 360 Page 1172

Tract No. 26 1204 Lawrence Ave Lot 2, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Adjacent to said Lot, Vacated by Douglas County Commission 2-14-83, Recorded Book 360 Page 1172

Tract No. 27 1200 Lawrence Ave Lot 1, Block 3 Orchards No. 3 Subdivision & East 10 feet of Lawrence Avenue Vacated 7-08-81 Book 350 Page 451 Adjacent to said Lot.

Tract No. 28 1104 Lawrence Ave Lot 3B, of A Replat of Lot 3 Block 5 and a Part of Lot 1, Block 12 Orchards No. 3 Subdivision

Tract No. 29 1109 Wellington Road Lot A, of A Replat of Lots 4,5 & 6, Block 5, Orchards No. 3 Subdivision

Tract No. 30 1113 Wellington Road Lot B, of A Replat of Lots 4,5 & 6, Block 5, Orchards No. 3 Subdivision

Tract No. 31 3029 Wellington Court Lot C, of A Replat of Lots 4,5 & 6, Block 5, Orchards No. 3 Subdivision

Tract No. 32 3025 Wellington Court Lot 7, Block 5, Orchards No. 3 Subdivision

Tract No. 33 3021 Wellington Court Lot 8, Block 5, Orchards No. 3 Subdivision

Tract No. 34 3017 Wellington Court Lot 9, Block 5, Orchards No. 3 Subdivision

Tract No. 35 3009 Westdale Road Lot 11, Block 5, Orchards No. 3 Subdivision

Tract No. 36 3005 Westdale Road Lot 12, Block 5, Orchards No. 3 Subdivision

Tract No. 37 3001 Westdale Road Lot 13, Block 5, Orchards No. 3 Subdivision

Tract No. 38 2916 Westdale Court Lot 18, Block 5, Orchards No. 3 Subdivision

Tract No. 39 2921 Westdale Court Lot 19, Block 5, Orchards No. 3 Subdivision

Tract No. 40 2917 Westdale Court Lot 20, Block 5, Orchards No. 3 Subdivision

Tract No. 41 2920 Oxford Road Lot 30, Block 5, Orchards No. 2 Subdivision

Tract No. 42 2924 Oxford Road Lot 31, Block 5, Orchards No. 2 Subdivision

Tract No. 43 3001 Oxford Road Lot 32, Block 5, Orchards No. 2 Subdivision

Tract No. 44 3005 Oxford Road Lot 33, Block 5, Orchards No. 2 Subdivision

Tract No. 45 3009 Oxford Road Lot 34, Block 5, Orchards No. 2 Subdivision

Tract No. 46 3013 Oxford Road Lot 35, Block 5, Orchards No. 2 Subdivision

Tract No. 47 3024 Oxford Circle Lot 38, Block 5, Orchards No. 2 Subdivision

Tract No. 48 3028 Oxford Circle Lot 39, Block 5, Orchards No. 2 Subdivision

Tract No. 49 3039 Oxford Circle Lot 40, Block 5, Orchards No. 2 Subdivision

Tract No. 50 3035 Oxford Circle Lot 41, Block 5, Orchards No. 2 Subdivision

Tract No. 51 3027 University Drive Lot 1, Block 9, Orchards No. 2 Subdivision; Beginning at the Northeast corner of said Lot 1; thence Southerly on a Curve to the Left with a Radius of 494.65 feet an Arc Length of 45.81 feet; thence South 80°54’39” West, 152.93 feet to the Westerly line of said Lot 1; thence North 41°47’00” West, 54.00 feet to the Northwest corner of said Lot 1; thence North 80°47’56” East, 181.92 feet to the Point of Beginning.

Tract No. 52 3025 University Drive Lot 1, Block 9, Orchards No. 2 Subdivision; Beginning at the Southeast corner of said Lot 1; thence South 79°29’09” West, 126.92 feet to the Southwest corner of said Lot 1; thence North 41°47’00” West 56.0 feet; thence North 80°54’39” East, 152.93 feet to the Easterly line of said Lot 1; thence Southerly on a Curve to the Left with a Radius of 494.65 feet an Arc Length of 44.19 feet to the Point of Beginning.

Tract No. 53 3021 - 23 University Drive Lot 2, Block 9, Orchards No. 2 Subdivision.

Tract No. 54 3017 - 19 University Drive Lot 3, Block 9, Orchards No. 2 Subdivision; Beginning at the Southeast corner of said Lot 3; thence South 67°26’18” West, 128.92 feet; thence North 29°56’25” West, 41.48 feet; thence North 67°37’49” East, 126.68 feet; thence South 33°05’05” East, 41.41 feet to the Point of Beginning; Also Beginning at the Northeast corner of said Lot 3 thence on a Curve to the Left with a Delta Angle of 05°34’06” a Radius of 494.65 feet an Arc Length of 48.07; thence South 33°05’05” East, 0.52 feet; thence South 67°37’49” West, 126.68 feet; thence North 29°56’25” West 64.71 feet; thence North 74°45’01” East, 129.48 feet to the Point of Beginning.

Tract No. 55 West Meadows Condominium Association Commencing at the Southwest corner of Lot 12, Block 9, in Orchards No. 3 Subdivision in the City of Lawrence; thence North 00 ° 00 ‘ 00 “ East 250.00 feet for a point of beginning; thence North 6 ° 19 ‘ 41 “ East 480.90 feet; thence South 40 ° 14 ‘ 11 “ East 340.59 feet; thence South 56 ° 58 ‘ 34 “ East 119.27 feet; thence South 67 ° 22 ‘ 48 “ East 98.00 feet; thence South 00 ° 01 ‘ 06 “ West 268.39 feet; thence North 89 ° 46 ‘ 00” East 40.00 feet; thence South 00 ° 14 ‘ 00 “ West 95.00 feet to the South line of Lot 12, Block 9; thence South 89 ° 46 ‘ 00 “ West along said South line, 258.00 feet; thence North 00 ° 00 ‘ 00 ‘’ East 250.00 feet; thence South 89 ° 46 ‘ 00 “ West 245.00 feet to the point of beginning; all in Lot 12, Block 9, in Orchards No. 3 Subdivision in the City of Lawrence as shown by the recorded plat thereof, in Douglas County, Kansas;

(d) The method of assessment: Each lot and parcel in the improvement district shall be assessed based on a ratio of the appraised value of each lot and parcel in the improvement district to the appraised values of all of the lots and parcels of the entire improvement district. The appraised value shall be that appraised value as determined by the Office of County Appraiser of Douglas County, Kansas, as of December 1, 2003.

(e) The apportionment of costs: the improvement district shall pay up to and including $280,000 and the City at-large shall pay the remainder of the costs.

The hearing may be adjourned from time to time and until the Governing Body shall have made findings by resolution as to the advisability of the improvement, the nature of the improvement, the estimated cost, the boundaries of the improvement district, the method of assessment and the apportionment of cost between the improvement district and the city-at-large, all as finally determined by the governing body.

Upon the successful establishment of the benefit district pursuant to the provisions of this Resolution, Resolution No. 6457 shall be repealed.

ADOPTED by the governing body of the City of Lawrence, Kansas, this ____________ day of ______________, 2003.

PASSED:

______________________________

David M. Dunfield, Mayor

ATTEST:

_____________________________

Frank S. Reeb, City Clerk