(Published in the Lawrence Journal-World on February , 2014)

RESOLUTION NO. 7059

A RESOLUTION SETTING FORTH FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS ON THE ADVISABILITY OF AND AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS WITHIN YANKEE TANK ESTATES PURSUANT TO K.S.A. 12-6a01 et seq.

WHEREAS, a petition was filed with the City Clerk for the City of Lawrence, Kansas (the “City”) on February , 2014, proposing certain improvements pursuant to K.S.A. 12-6a01 et seq. (the “Petition”); and

WHEREAS, the Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment;

(e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a04(a); and

WHEREAS, all the owners of record of property located within the proposed improvement district have signed the Petition; and

WHEREAS, no signatures have been withdrawn from the petition before the Governing Body began consideration of the Petition; and

WHEREAS, K.S.A. 12-6a04 provides that the Governing Body may authorize and order public improvements without notice and hearing after a sufficient petition has been filed.

NOW THEREFORE, BE IS RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AS FOLLOWS:

Section 1. The Governing Body hereby finds that the Petition is sufficient, and further finds and determines that it is necessary and advisable to make the following improvements:

(a) The nature of the improvements are as follows:

THE CONSTRUCTION OF ATCHISON AVENUE FROM W. 31ST STREET TO W. 32ND STREET, THE CONSTRUCTION OF 32ND STREET FROM E. 1200 ROAD (KASOLD DRIVE) TO ATCHISON AVENUE, THE CONSTRUCTION OF E. 1200 ROAD (KASOLD DRIVE) FROM W. 32ND STREET TO 31ST STREET, AND A LEFT TURN LANE ON 31ST STREET TO ATCHISON AVENUE, ALL INCLUDING PAVEMENT, CURB AND GUTTER, SUBGRADE STABLIZATION, STORM SEWER AND DITCH GRADING, SIDEWALKS ON BOTH SIDES; THE CONSTRUCTION OF WATERLINE ALONG 32ND STREET FROM KASOLD DRIVE TO ATCHISON AVENUE, AND ALONG ATCHISON AVENUE FROM 31ST STREET TO 32ND STREET; AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS

(the “Improvements”).

(b) The estimated cost of the Improvements is:

$689,200.00 (to be increased at the pro-rata rate of 1 percent per month from and after the adoption date of the resolution authorizing the improvements), plus costs of issuance and plus costs of interest on any temporary financing.

A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, NOW DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 88° 10' 16” EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION, 902.78 FEET; THENCE SOUTH 01° 45' 52” EAST, 417.31 FEET; THENCE NORTH 88° 09' 59” EAST, 422.09 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID QUARTER SECTION; THENCE SOUTH 01° 49' 35” EAST ALONG SAID EAST LINE , 905.27 FEET; THENCE SOUTH 88° 06' 55” WEST, 1136.40 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF KANSAS STATE HIGHWAY 10; THENCE NORTH 11° 06' 57” WEST ALONG SAID RIGHT-OF-WAY LINE , 85.83 FEET; THENCE SOUTH 88° 12' 46” WEST ALONG SAID RIGHT-OF-WAY LINE ,

175.00 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 01° 47' 14” WEST ALONG SAID WEST LINE, 578.82 FEET; THENCE NORTH 88° 12' 46” EAST, 97.00 FEET; THENCE NORTH 01° 47' 14” WEST,

40.00 FEET; THENCE SOUTH 88° 12' 46” WEST, 97.00 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 01° 47' 14” WEST ALONG SAID WEST LINE, 620.00 FEET TO THE POINT OF BEGINNING. THE ABOVE CONTAINS 35.760 ACRES, MORE OR LESS.

EXCEPT THAT THE IMPROVEMENT DISTRICT SHALL EXCLUDE THAT PORTION OF THE LAND DESCRIBED AS “TRACT A” ON THE ATTACHED FINAL PLAT.

(d) The method of assessment shall be:

All property in the Improvement District located on the west side of Atchison Street and north of 32nd Street (Proposed) shall be assessed 50% of the costs of the Improvements, and all lots and tracts located on the east side of Atchison Street (Proposed) and on the south side of 32nd Street (Proposed) shall be assessed 50% of the costs of the Improvements. The costs shall thereafter be spread against such property equally per square foot.

(e) The apportionment of cost between the improvement district and the city at large is:

One hundred percent (100%) of the costs of the Improvements shall be paid by the improvement district and zero percent (0%) of the cost of the Improvements shall be paid by the city at large.

Section 2. The Governing Body hereby declares that the Improvements described in this Resolution are necessary, and authorizes them to be made in accordance with the findings set forth in this Resolution, and further authorizes the levying of assessments and the issuance of bonds therefore, all in accordance with K.S.A. 12-6a01 et seq.

Section 3. The City expects to make capital expenditures from and after the date of this Resolution in connection with the Improvements described herein, and intends to reimburse itself for such expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the City in the maximum principal amount of $689,200.00, to be increased at the pro-rata rate of one percent per month from and after the adoption date of the resolution authorizing the Improvements, plus costs of issuance, and plus costs of interest on any temporary financing.

Section 4. The City Clerk shall file a certified copy of this Resolution with the Register of Deeds of Douglas County, Kansas.

Section 5. This Resolution shall take effect after its passage and publication once in the official city newspaper.

ADOPTED AND PASSED this day of February, 2014.

Mayor

(SEAL)

City Clerk

LEGALDESCRIPTION

ATRACTOFLANDINTHENORTHWESTQUARTEROFSECTION14,TOWNSHIP13SOUTH,RANGE19EASTOFTHESIXTH PRINCIPALMERIDIAN,INTHECITYOFLAWRENCE,DOUGLASCOUNTY,KANSAS,NOWDESCRIBEDASFOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 88° 10' 16" EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION, 902.78 FEET; THENCE SOUTH 01° 45' 52" EAST, 417.31 FEET; THENCE NORTH 88° 09' 59" EAST, 422.09 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID QUARTER SECTION; THENCE SOUTH 01° 49' 35" EAST ALONG SAID EAST LINE , 905.27 FEET; THENCE SOUTH 88° 06' 55" WEST, 1136.40 FEET TO A POINT ON THE

RIGHT-OF-WAY LINE OF KANSAS STATE HIGHWAY 10; THENCE NORTH 11° 06' 57" WEST ALONG SAID RIGHT-OF-WAY LINE ,

85.83 FEET; THENCE SOUTH 88° 12' 46" WEST ALONG SAID RIGHT-OF-WAY LINE , 175.00 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 01° 47' 14" WEST ALONG SAID WEST LINE, 578.82 FEET; THENCE NORTH 88° 12' 46" EAST, 97.00 FEET; THENCE NORTH 01° 47' 14" WEST, 40.00 FEET; THENCE SOUTH 88° 12' 46" WEST, 97.00 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 01° 47' 14" WEST ALONG SAID WEST LINE, 620.00 FEETTOTHEPOINTOFBEGINNING.THEABOVECONTAINS35.760ACRES,MOREORLESS.

ENDORSEMENTS

ApprovedbyCityofLawrence Rights-of-WayandEasements

PlanningCommission AcceptedbyCityCommission

DouglasCounty,Kansas Lawrence,Kansas

ChairpersonDate MayorDate

BryanCulver MichaelDever

ReviewedInComplianceWith K.S.A.58-2005.

easement"or"rw".

HarveyMurphy,Trustee TheKansasDistrictoftheWesleyanChurch,Inc.

ACKNOWLEDGEMENT

StateofKansas CountyofDouglas

Beitrememberedthatonthis dayof ,2014,beforeme,theundersigned,a notarypublic,inandforsaidcountyandstate,cameHarveyMurphy,Trustee,onbehalfofTheKansas DistrictoftheWesleyanChurch,Inc.whois(are)personallyknowntometobethesameperson(s)who executedtheforegoinginstrumentofwritinganddulyacknowledgetheexecutionofthesame.

Inwitnesswhereof,Ihavehereuntosetmyhandandaffixedmysealonthedayandyearlastwritten above.

NotaryPublicMycommissionexpires

NOTES

1. BasisforbearingsforthisplatisStatePlaneCoordinates-KansasNorthZone.

2. StreettreesshallbeprovidedinaccordancewiththeMasterStreetTreePlanfiledwiththeregisterof deeds.Book ,Page .

3. AdjacentpropertyownersarerequiredtomaintainalldrainageeasementsnotownedbytheCity. Structures,fences,andcutfilloperationsareprohibitedwithindrainageeasements.

4. LotpinningshallbecompletedinaccordancewithArticle8,Section20-811(k).

5. Aportionofthisplatisencumberedbyadesignated"SpecialFloodHazardArea"(SFHA)perFEMA MapNumber:20045C0167D,MapRevised:August5,2010.

6. MinimumElevationsofBuildingOpenings(MEBO's)havebeenspecifiedforlotsadjacenttotheSFHA anddrainageeasements.IfabasementisbuiltonaLotwhereaMEBOhasbeenestablished,the buildingdesignisencouragedtoincorporateasumppump.

7. AdditionalinformationisprovidedontheassociatedPreliminaryPlat.

8. "A total of 126 dwelling units on Blocks 1, 3, 4, and 5 was approved with the rezoning of the property to the RM12 and RM12FP Districts (Z-13-00249 and Z-13-00250). Per these rezoning approvals, the RM12-FPzonedareainTractAisincludedinthedensitycalculationsbasedonthefactthattheopen spaceinTractAwillservetheresidentsofthisdevelopment.AnoteonthePreliminaryPlatspecifies thatTractAisbeingprovidedasopenspaceforthisdevelopment.Underthismethodofcalculating density,18unitsarepermittedonLot1,BlockOne,and108duplexunitsarepermittedonthe54

lots on Blocks 3, 4, and 5. This density calculation is based on circumstances unique to this property and does not establish a precedent."

9. Approximately86oftheregulatoryfloodplainfringehasbeenincludedinTractAforprotectionof theenvironmentallysensitiveland.Thereshallbenogradingorfillinginthefloodplainwithoutan approvedFloodplainDevelopmentpermit.Therewillbenostructuresorbuildingsallowedinthe floodplaininTractA.Mowing,vegetationremoval,andotherlimitedmaintenanceactivitiesshallbe allowedinTractA.TractAisbeingprovidedasopenspaceforthisdevelopment.Ahomeowners associationwillbeformedtoprovideformaintenanceoftheTract.

10. StreettreesalongTractAshallbeinstalledbythepropertyownerwiththedevelopmentofLot1, BlockTwo.

FILINGRECORD

StateofKansas CountyofDouglas

ThisistocertifythatthisinstrumentwasfiledforrecordintheofficeoftheDouglas CountyRegisterofDeedsonthis dayof ,2014,andisduly recordedat AMPM,inplatbook page .

RegisterofDeeds KayPesnell

SURVEYOR'SCERTIFICATION

Iherebycertifythattheplattedareashownhereonisthetrueandaccurateresultofa fieldsurveyperformedundermydirectsupervisioninNovember,2013,andthatthe platisaclosedtraverse.ThissurveyconformstotheKansasMinimumStandardsfor BoundarySurveys.

StevenD.Williams,P.L.S.1391 P.O.Box4444

Lawrence,KS66046 (785)832-2121

ENGINEER'SCERTIFICATION

Iherebycertifythattheinformationandareamapshownhereonaretrueand accuratetothebestofmyknowledge.PlatpreparedJanuary,2014.

JohnDeanGrob ProfessionalEngineer12769 P.O.Box502

Lawrence,KS66044 (785)856-1900

LOCATIONMAP

MEBOTABLE

LOTNO.

BLOCKNO.

MEBO

12

FIVE

847.60

13

FIVE

847.60

14

FIVE

833.00

15

FIVE

845.90

16

FIVE

845.90

17

FIVE

833.00

18

FIVE

833.00

19

FIVE

833.00

6

THREE

845.90

CURVETABLE

CURVE C1 C2 C3

C4 C5 C6 C7

LENGTH

84.87

121.24

10.60

60.00

27.02

25.09

RADIUS

100

130

CHORD

79.77

113.95

10.60

59.47

59.46

26.97

24.95

BEARING S36°33'34"E S36°33'34"E S04°09'40"E

S19°43'13"E S46°09'51"E S65°20'20"E N08°26'26"E

LEGEND

OFFSITEPROPERTYLINE CENTERLINE PROPERTYLINE EASEMENT SECTIONLINE

C8 C9 C10 C11

C12

35.84

46.59

25.09

35.85

11.59

100

130

100

130

35.65

46.34

24.96

35.66

11.59

N08°26'26"E N08°26'26"E S81°33'44"E S81°33'44"E

S73°50'48"E

SCALE1"=1000'

N SCALE: 1"=80' 0

80'

160'

AE DE UE PEDE (P)

(D)

(M)

(CM)

RIGHT-OF-WAY

ACCESSEASEMENT DRAINAGEEASEMENT UTILITYEASEMENT PEDESTRIANEASEMENT PLATTED

DEEDED MEASURED

CALCULATEDFROMMEASUREMENTS FOUND:34"REBAR-ORIGINUNKNOWN FOUND:58"REBAR-ORIGINUNKNOWN FOUND:1"SQUAREBAR-ORIGINUNKNOWN FOUND:12"BARWCAP"KANSAS1252" CALCULATEDPOSITION(NOTSET) SET:12"X24"REBARWCAP"APS1391" SET:MAGNAIL

C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24

78.54

62.83

20.59

60.00

47.78

18.95

106.19

106.16

47.71

20.51

61.95

230

70.71

61.23

20.45

56.46

45.99

18.94

105.25

105.22

47.62

20.51

61.76

N43°10'16"E N65°40'11"E S78°32'14"E N55°17'10"E N06°28'11"W S04°08'50"E S19°44'01"E S46°11'01"E S65°20'58"E S73°50'50"E S84°07'00"E

afinalplatof

YANKEETANK ESTATES

ASUBDIVISIONINTHECITYOFLAWRENCE, DOUGLASCOUNTY,KANSAS

4

NW 1,SEC.14-T13S-R19E

PreparedJanuary16,2014