ORDINANCE NO 7766

           

AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES, AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS TO PAY THE COSTS FOR THE CONSTRUCTION OF PETERSON ROAD FROM KASOLD DRIVE TO APPROXIMATELY 900 FEET WEST OF MONTEREY WAY, INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING DEVICES, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATER MAIN AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS AS AUTHORIZED BY RESOLUTION NO 6519.

 

WHEREAS, on the 30th day of December, 2003, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution 6519 authorized the construction of Peterson Road from Kasold Drive to approximately 900 feet west of Monterey Way, in the City of Lawrence, Kansas, under the authority of KSA 12-6a01 to 12-6a17, inclusive as amended, and,

 

WHEREAS, the Governing Body has determined that the total maximum costs of the improvements are three million four hundred twenty thousand dollars and zero cents ($3,420,00.00), per Resolution 6519 and that the costs of the improvements be assessed prior to construction, and,

 

WHEREAS, pursuant to K.S.A. 12-6a09, subsection (c), the maximum amount of assessment has been determined for each lot, piece or parcel of land hereinafter described, deemed to be benefited by the improvements in the City of Lawrence, Kansas; and

 

WHEREAS, the Governing Body did hold a public hearing on the 13th day of April, 2004, to consider the proposed assessments and after the hearing was closed, authorization was given to prepare a maximum assessment ordinance for consideration.

 

                                                                                                                                                             

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION ONE: For the purpose of paying part of the cost and expense of the improvements within the property specially benefited thereby, there shall be and are hereby apportioned, levied and assessed, the maximum special assessments upon the following lots, pieces, parcels and tracts of ground liable therefore, as shown on Exhibit A attached hereto and by this reference incorporated herein and made a part hereof.

 

SECTION TWO:            After completion of the project, the City Engineer shall certify to the City Commission the actual cost of the improvements and the actual assessments which shall not be greater than that shown on Exhibit A and the City Clerk shall then notify by first class mail the owner of any such lots, pieces, parcels and tracts of ground as shown in Exhibit A as to the actual assessments.

 

SECTION THREE:         The owner of any property so assessed may at anytime up to thirty (30) days from the date of the City Clerk's notification referred to in SECTION TWO, pay the whole cost of the assessment against any lots, pieces, parcels and tracts of ground by making such payment to the City Clerk and shall not thereafter be liable for any further assessment for the cost of expenses of the improvements or for the payment of any bonds issued therefore the interest thereon.

 

SECTION FOUR:           The money so paid in full as provided above shall be applied by the City Treasurer toward the payment of the cost of the improvements and the City Treasurer shall, after the expiration of thirty (30) days from the date of notification by the City Clerk, report in writing to the City Clerk a list of all assessments that have been paid together with the amounts thereof, and for the amount that has not been paid, bonds of the City will be issued.

 

SECTION FIVE: The sums herein certified to each lot, piece, parcel and tract of ground shall be collected in ten (10) annual installments, the first of said installments shall be placed on the tax rolls in the year certified and installment for each year thereafter for the full term of ten (10) years, and the sum so assessed and levied shall bear interest at a rate not in excess of the maximum legal rate.

 

SECTION SIX:              The City Clerk is hereby directed to annually levy the several installments in the proper amounts with interest, in a manner and within the time provided by law; provided, however, that this section shall not apply to any lot, parcel, piece or tract of ground for which the full amount of the assessment has been paid as provided and authorized by law.

 

SECTION SEVEN:         Pursuant to K.S.A. 12-6a11, no suit to set aside the maximum assessments by this ordinance or otherwise question the validity of the proceedings shall be brought after the expiration of thirty (30) days from the publication of this Ordinance.

 

SECTION EIGHT:          This Ordinance shall take effect from and after its passage and publication in the official City newspaper as provided by law.

 

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, THIS ____ DAY OF APRIL, 2004

                                                                                                APPROVED

 

                                                                                                ______________________________

                                                                                                Mike Rundle, Mayor

 

 

ATTEST

 

_____________________________

Frank S. Reeb, City Clerk

 

 

EXHIBIT A

TO ORDINANCE 7766

 

Plate No                       Property Owner / Legal Description                            Assessment Per Lot

 

U14494                         Monterey, LC                                                               $424,176.35

22-12-19 BEG AT SE COR SW 1/4 TH W ALONG S LINE SD QR SEC 907 FT TH N 2645.75 FT TO N LINESD QR SEC TH E ALONG SD N LINE907 FT TO NE COR SD QR SEC TH S ALONG E LINE SD QR SEC 543.2FT TH W 471 FT TH S 543.2 FT TH E 471 FT TO E LINE SD QR SECTH S ALONG SD E LINE 1561.16 FT TO PT BEG;ALSO 22-12-19 BEG AT SW COR SE 1/4 TH N01DEG49'57"W ALONG W LINE SD QR SEC 993.6 FT TH S72DEG41'32"E 36.15 FT TH S02DEG12'10"E 981.93 FT TO S LINE SD QR SEC TH S88DEG23'51"W ALONG SD S LINE 40.5 FT TO PT BEG (0.846A) 51.066A (ANNEXED TO CITY OF LAWRENCE ORD NO 7671 ADOPTED 08/12/2003 BK 888/1657 REPLACES 800105A)

 

U14494A                       Monterey, LC                                                               $48,758.95

22-12-19 COM AT NE COR SW 1/4 TH S 0DEG00'21"E 543.2 FT FOR PT BEG:TH S 0DEG00'21"E 543.2 FT TH N89DEG31'27"W 471 FT TH N 0DEG00'21"W 543.2 FT TH S89DEG31'27"E 471 FT TO PT BEG 5.87A (ANNEXED TO CITY OF LAWRENCE ORD NO 7671 ADOPTED 08/12/2003 BK 888/1657 REPLACES 800105A01)

 

U14495                         North Stephens LC                                                       $606,942.91

22-12-19 BEG AT NW COR SE 1/4 SD SEC TH S89DEG33'27"E ALONG N LINE SD QR SEC 1122.34 FT THS 0DEG04'16"W 1393.59 FT TH N89DEG33'09"W 1120.6 FT TO W LINE SD QR SEC TH N 0DEG00'02"W ALONG SD W LINE 1393.05 FT TO PT BEG,LESS 0.09A ANNEXED TO CITY OF LAWRENCE ORD NO 7162 ADOPTED 11/09/1999 BK 663/331,LESS 3.263A ANNEXED TO CITY OF LAWRENCE ORD NO 7281 ADOPTED 11/14/2000 BK 690/1687;ALSO BEG AT SW COR SE 1/4 22-12-19 TH N 0DEG00'02"W ALONG W LINE SD QRSEC 1254.05 FT TH S89DEG33'09"E 1446.65 FT TH S04DEG56'12"W 1258.44 FT TO S LINE SD QR SECTH N89DEG31'42"W ALONG SD S LINE 1338.35 FT TO PT BEG,LESS BEG AT SW COR SD QR SEC TH N01DEG49'57"W ALONG W LINE SD QR SEC 993.6 FT TH S72DEG41'32"E 36.15 FT TH S02DEG12'10"E 981.93 FT TO S LINE SD QR SEC TH S88DEG23'51"W ALONG SD S LINE 40.5 FT TO PT BEG D 642/571 71.831A (ANNEXED TO CITY OF LAWRENCE ORD NO 7669 ADOPTED 08/12/2003 BK 888/1655 REPLACES 800107B)

 

U14495A                       North Stephens LC                                                       $31,009.98

22-12-19 COM AT NW COR SE 1/4 SD SEC TH S89DEG34'22"E ALONG N LINE SE QR 1122.34 FT TH S 0DEG04'36"W 1047.79 FT FOR PT BEG:TH S89DEG34'22"E 462.82 FT TH S 0DEG04'36"W 345.28 FT TH N89DEG32'15"W 462.82 FT TH N 0DEG04'36"E 344.99 FT TO PT BEG3.67A (ANNEXED TO CITY OF LAWRENCE ORD NO 7669 ADOPTED 08/12/2003 BK 888/1655 REPLACES 800107C)

 

U414493-108                 North Stephens LC                                                       $10,088.69

 

STONEGATE SUB NO 2 REPLAT OF LOTS 10-15 BLOCK TWO AND TILLERMAN COURT RIGHT-OF-WAY IN STONEGATE SUB BLK 1 TR A

 

 

U14496                         Hutton Farms, LC                                                         $650,583.12

HUTTON FARMS BLK 1 LT 1 A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

U13936                         Jeffrey E. Smith Homes, LC                                         $340,627.90

A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, LYING PARTIALLY IN THE CITY OF LAWRENCE AND WHOLLY IN DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER NORTH 89º48'08" WEST 660.65 FEET; THENCE SOUTH 00º00'08" EAST 825.00 FEET; THENCE NORTH 89º48'08" WEST, 56.00 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF SPRING HILL SUBDIVISION NO. 1 AMENDED; THENCE SOUTH 00º00'00' EAST, 136.54 FEET TO THE SOUTHEAST CORNER OF SAID LOT IN SAID SUBDIVISION; THENCE SOUTH 05º42'38" EAST, 60.30 FEET TO THE NORTHEAST CORNER OF LOT 11, BLOCK 4, IN SAID SUBDIVISION; THENCE SOUTH 00º00'00' EAST, 302.98 FEET TO THE SOUTHEAST CORNER OF LOT 9, BLOCK 4, IN SAID SUBDIVISION; THENCE SOUTH 89º48'55" EAST, 710.99 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00º00'59" WEST, 1,324.33 FEET TO THE POINT OF BEGINNING. RECORDED IN BOOK 672, PAGE 317. CONTAINING 20.688 ACRES, MORE OR LESS.

 

U13935B                       SOJAC Land Company, LC                                          $853,232.54

BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89°31’42” EAST, ALONG THE NORTH LINE OF SAID QUARTER SECTION, 560.75 FEET TO THE NORTHWEST CORNER OF FALL CREEK FARMS 8TH PLAT; THENCE SOUTH 00°15’36” WEST, ALONG THE WEST LINE OF SAID PLAT, 294.38 FEET; THENCE SOUTH 89°31’42” EAST, ALONG THE SOUTH LINE OF SAID PLAT, 177.56 FEET; THENCE NORTH 00°15’36” EAST, ALONG THE EAST LINE OF SAID PLAT, 294.38 FEET TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 89°31’42” EAST, ALONG SAID NORTH LINE, 268.33 FEET TO THE NORTHWEST CORNER OF FALL CREEK FARMS 6TH PLAT; THENCE SOUTH 00°28’18” WEST, ALONG THE WEST LINE OF SAID PLAT, 150.00 FEET; THENCE SOUTH 89°31’42” EAST, ALONG THE SOUTH LINE OF SAID PLAT, 100.00 FEET; THENCE NORTH 00°28’18” EAST, ALONG THE EAST LINE OF SAID PLAT, 150.00 FEET TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 89°31’42” EAST, ALONG SAID NORTH LINE, 825.77 FEET TO THE NORTHWEST CORNER OF FALL CREEK FARMS 1ST PLAT; THENCE SOUTH 00°28’18” WEST, ALONG THE WEST LINE OF SAID PLAT, 241.53 FEET; THENCE SOUTH 15°41’18” EAST, ALONG SAID WEST LINE, 148.70 FEET TO THE NORTH LINE OF FALL CREEK FARMS 2ND PLAT; THENCE SOUTH 88°30’34” WEST, ALONG SAID NORTH LINE, 145.69 FEET; THENCE SOUTH 02°04’48” EAST, ALONG SAID NORTH LINE, 189.76 FEET; THENCE NORTH 82°25’19” WEST, ALONG SAID NORTH LINE, 203.17 FEET; THENCE NORTH 05°47’02” WEST, ALONG SAID NORTH LINE, 285.39 FEET; THENCE NORTH 89°41’49” WEST, ALONG SAID NORTH LINE, 220.00 FEET; THENCE SOUTH 33°40’52” WEST, ALONG THE WESTERLY LINE OF SAID FALL CREEK FARMS 2ND PLAT, 126.55 FEET; THENCE SOUTH 40°53’24” EAST, ALONG SAID WESTERLY LINE, 122.69 FEET; THENCE SOUTH 02°54’05” EAST, ALONG SAID WESTERLY LINE, 99.14 FEET; THENCE ALONG SAID WESTERLY LINE ON A 50.00 FOOT RADIUS CURVE TO THE LEFT WITH AN 82.01 FOOT CHORD BEARING SOUTH 32°56’19” WEST, AN ARC DISTANCE OF 96.16 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 25.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 17.69 FOOT CHORD BEARING SOUTH 01°26’33” EAST, AN ARC DISTANCE OF 18.08 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 1030.00 FOOT RADIUS CURVE TO THE LEFT WITH A 132.50 FOOT CHORD BEARING SOUTH 15°35’05” WEST, AN ARC DISTANCE OF 132.59 FEET TO THE NORTHEAST CORNER OF FALL CREEK FARMS 4TH PLAT; THENCE NORTH 72°25’42” WEST, ALONG THE NORTH LINE OF SAID PLAT, 201.15 FEET; THENCE ALONG THE WEST LINE OF SAID PLAT ON A 325.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 106.17 FOOT CHORD BEARING SOUTH 28°13’56” WEST, AN ARC DISTANCE OF 106.65 FEET; THENCE SOUTH 37°38’00” WEST, ALONG SAID WEST LINE, 24.47 FEET; THENCE CONTINUING ALONG SAID WEST LINE ON A 300.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 43.16 FOOT CHORD BEARING SOUTH 41°45’30” WEST, AN ARC DISTANCE OF 43.20 FEET TO THE NORTHWEST CORNER OF FALL CREEK FARMS 7TH PLAT; THENCE SOUTH 29°34’46” WEST, ALONG THE WEST LINE OF SAID PLAT, 261.23 FEET; THENCE SOUTH 53°19’54” WEST, ALONG SAID WEST LINE, 86.03 FEET; THENCE SOUTH 25°47’21” EAST, ALONG SAID WEST LINE, 205.96 FEET; THENCE NORTH 76°05’14” EAST, ALONG THE SOUTH LINE OF SAID PLAT, 111.37 FEET; THENCE NORTH 31°42’48” EAST, ALONG THE EASTERN LINE OF SAID PLAT, 193.72 FEET TO THE WESTERLY LINE OF FALL CREEK FARMS 2ND PLAT; THENCE ALONG THE WESTERLY LINE OF SAID PLAT ON A 50.00 FOOT RADIUS CURVE TO THE LEFT WITH A 53.37 FOOT CHORD BEARING NORTH 88°41’34” EAST, AN ARC DISTANCE OF 56.29 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 25.00 FOOT RADIUS CURVE TO THE RIGHT WITH AN 18.26 FOOT CHORD BEARING NORTH 77°51’25” EAST, AN ARC DISTANCE OF 18.69 FEET; THENCE SOUTH 80°43’35” EAST, ALONG SAID WESTERLY LINE, 45.67 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 25.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 36.83 FOOT CHORD BEARING SOUTH 33°16’50” EAST, AN ARC DISTANCE OF 41.40 FEET; THENCE ALONG SAID WESTERLY LINE ON A 670.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 139.58 FOOT CHORD BEARING SOUTH 20°08’39” WEST, AN ARC DISTANCE OF 139.83 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 280.00 FOOT RADIUS CURVE TO THE LEFT WITH A 255.22 FOOT CHORD BEARING SOUTH 00°59’26” EAST, AN ARC DISTANCE OF 265.00 FEET; THENCE SOUTH 28°06’16” EAST, ALONG SAID WESTERLY LINE, 127.86 FEET TO THE NORTH LINE OF FALL CREEK FARMS 3RD PLAT; THENCE SOUTH 64°11’28” WEST, ALONG THE NORTH LINE OF SAID PLAT, 144.72 FEET; THENCE SOUTH 01°05’35” EAST, ALONG THE WEST LINE OF SAID PLAT, 146.66 FEET; THENCE ALONG THE SOUTH LINE OF SAID PLAT ON A 630.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 116.44 FOOT CHORD BEARING SOUTH 81°14’26” EAST, AN ARC DISTANCE OF 116.61 FEET TO THE WESTERLY LINE OF FALL CREEK FARMS 1ST PLAT; THENCE SOUTH 22°55’48” WEST, ALONG SAID WESTERLY LINE, 60.80 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 25.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 28.03 FOOT CHORD BEARING SOUTH 42°46’50” EAST, AN ARC DISTANCE OF 29.76 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 95.00 FOOT RADIUS CURVE TO THE LEFT WITH A 54.52 FOOT CHORD BEARING SOUTH 25°21’26” EAST, AN ARC DISTANCE OF 55.30 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 25.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 28.70 FOOT CHORD BEARING SOUTH 06°59’56” EAST, AN ARC DISTANCE OF 30.57 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE ON A 470.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 59.83 FOOT CHORD BEARING SOUTH 31°41’07” WEST, AN ARC DISTANCE OF 59.87 FEET; THENCE SOUTH 49°18’22” EAST, ALONG THE SOUTH LINE OF SAID PLAT, 204.20 FEET; THENCE NORTH 62°04’16” EAST, ALONG THE SOUTHERLY LINE OF SAID PLAT, 122.72 FEET; THENCE SOUTH 76°46’00” EAST, ALONG SAID SOUTHERLY LINE, 122.06 FEET; THENCE NORTH 74°50’06” EAST, ALONG SAID SOUTHERLY LINE, 57.83 FEET; THENCE SOUTH 66°28’24” EAST, ALONG SAID SOUTHERLY LINE, 186.02 FEET; THENCE SOUTH 38°08’41” WEST, 483.24 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 89°41’15” WEST, ALONG SAID SOUTH LINE, 1586.63 FEET TO THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 00°15’52” EAST, ALONG THE WEST LINE OF SAID QUARTER SECTION, 2649.01 FEET TO THE POINT OF BEGINNING.  CONTAINS 83.419 ACRES, MORE OR LESS.

 

 

U13935             Robert C. and Laura O. Schulte                                                           $91,549.06

LOT 1, BLOCK ONE, FALL CREEK FARMS 8TH PLAT, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

                                   

 

U13934-50         FALL CREEK FARMS DEVELOPMENT, INC.                                          $51,559.51

LOT 1, BLOCK ONE, FALL CREEK FARMS 6TH PLAT, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

U13934-01         SOJAC LAND COMPANY LC                                                                 $138,303.23

LOT 1, BLOCK ONE, OF FALL CREEK FARMS, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS. 

 

U13934-09         William E. Fritzel Trustees, Charlene L. Fritzel                                   $53,580.64

LOT 1, BLOCK TWO, OF FALL CREEK FARMS, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS. 

 

U13934-20         FALL CREEK FARMS DEVELOPMENT, INC.                                          $119,587.13

TRACT B, BLOCK TWO, OF FALL CREEK FARMS, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.