ORDINANCE NO. 7744
AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY A PORTION OF THE COSTS FOR THE CONSTRUCTION OF MONTEREY WAY FROM THE INTERSECTION OF PETERSON ROAD SOUTH APPROXIMATELY 2700 FEET TO THE EXISTING NORTHERN TERMINUS 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 6502.
WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6502 authorized the construction of the construction of Monterey Way from the intersection of Peterson Road south approximately 2700 feet to the existing northern terminus of Monterey Way including property acquisition, traffic calming devices, bicycle facilities, subgrade stabilization, stormwater improvements, water main and other necessary and appropriate improvements; and,
WHEREAS, Resolution No. 6502 established that 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 deemed to be benefited by the improvements in the City of Lawrence, Kansas; and
WHEREAS, the Governing Body has determined that the total maximum cost of the improvements is two million seven hundred seventy one thousand six hundred dollars ($2,771,600); and,
WHEREAS, the Governing Body has determined that the maximum cost assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby is two million seven hundred fifty thousand dollars ($2,750,000.00); and,
WHEREAS, the Governing Body did hold a public hearing on the 10th day of February 2004, to consider the proposed maximum 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 7744
U13936 Jeffrey E. Smith Homes, LC $701,602.97
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.
U13936F Jeffrey E. Smith Homes, LC $57,988.06
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 19 EAST; THENCE SOUTH 00º00'00"EAST A DISTANCE OF 886.82 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 90º00'00"WEST A DISTANCE OF 250.00 FEET; THENCE SOUTH 00º00'00"EAST A DISTANCE OF 275.00 FEET; THENCE NORTH 90º00'00"EAST A DISTANCE OF 250.00 FEET; THENCE NORTH 00º00'00"WEST A DISTANCE OF 275.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.5783 ACRES, MORE OR LESS.
U13936H David and Joan Brunfeldt $183,704.17
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DOUGLAS COUNTY, KANSAS; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER A DISTANCE OF 660.0 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 330.0 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER A DISTANCE OF 660.0 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH IN AND ALONG SAID EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 330.0 FEET TO THE POINT OF BEGINNING, CONTAINING 5.00 ACRES SUBJECT TO THE EXISTING EASEMENTS, RESTRICTIONS AND RESERVATIONS NOW OF RECORD.
U13936J Michael D. Stultz $112,794.36
27-12-19 BEG AT PT ON E LINE NW 1/4 994.83 FT N OF SE COR SDQR & 330 FT S OF NE COR SE 1/4SD NW 1/4 TH W PARA N LINE SE 1/4 SD NW 1/4 660 FT TH S PARAE LINE SD NW 1/4 330 FT TH E PARA N LINE SE 1/4 SD NW 1/4 660 FT TO PT ON E LINE SD NW 1/4TH N 330 FT TO PT BEG,LESS W 255 FT THEREOF ANNEXED TO CITY OF LAWRENCE ORD #5931 PASSED 08/16/1988 3.07A (ANNEXED TO CITY OF LAWRENCE ORD NO 7300 ADOPTED 11/28/2000 BK 691/1536 REPLACES 800179A03A)
U13936M Michael D. Stultz $130,797.37
27-12-19 BEG AT PT ON E LINE NW 1/4 664.83 FT N OF SE COR SDNW 1/4 & 660 FT S OF NE COR SE1/4 SD NW 1/4 TH W PARA N LINESE 1/4 NW 1/4 660 FT TH S PARAE LINE SD NW 1/4 330 FT TH E PARA N LINE SE 1/4 SD NW 1/4 660 FT TO PT ON E LINE SD NW 1/4TH N ALONG E LINE SD NW 1/4 330 FT TO PT BEG,LESS 1.44A ANNEXED TO CITY OF LAWRENCE ORD #5931 PASSED 08/16/1988 3.56A (ANNEXED TO CITY OF LAWRENCE ORDNO 7300 ADOPTED 11/28/2000 BK 691/1536 REPLACES 800179B02A)
U13936N Michael D. Stultz $188,113.07
27-12-19 S 1/2 SE 1/4 NW 1/4,LESS 5A D BK 369/1022,LESS W 1/2 THEREOF ANNEXED TO CITY OF LAWRENCE ORD #5931 PASSED 08/16/1988 5.12A (ANNEXED TO CITY OF LAWRENCE ORD NO 7300 ADOPTED11/28/2000 BK 691/1536 REPLACES 800179B01A)
U13935B Sojac Land Company LC $1,362,209.15
27-12-19 BEG AT NE COR NE 1/4 TH N90DEGW ALONG N LINE SD QR SEC 2641.34 FT TO NW COR SD QRSEC TH S 0DEG12'39"E 2649.01 FT ALONG W LINE SD QR SEC TO SWCOR SD QR SEC TH N89DEG50'27"E2023.69 FT ALONG S LINE SD QR SEC TO SW COR WESTRIDGE HEIGHTS NO 2 TH N17DEG57'25"E 145.48FT ALONG WLY LINE SD WESTRIDGEHEIGHTS NO 2 TH N33DEG41'29"E 419.08 FT ALONG SD WLY LINE THN75DEG48'36"E 134.4 FT ALONG SD WLY LINE TO W R/W LINE KASOLD DR TH N19DEG28'34"E 177.66 FT ALONG SD W R/W LINE TH N 0DEG15'44"W 150 FT ALONG SD W R/WLINE TH N06DEG19'02"E 148.09 FT ALONG SD W R/W LINE TH CONT ON SD W R/W LINE N06DEG19'02"E70.1 FT TH S81DEG27'52"E 65.77FT TH N08DEG17'05"E 134.57 FT TH N03DEG10'25"E 166.86 FT TH N 0DEG15'44"W 832.21 FT TH N02DEG19'23"W 417.12 FT TH N90DEGE 45 FT TH N 0DEG15'44"W 50 FTTO PT BEG,LESS 1.59A DESC AS:BEG AT PT ON N LINE NE 1/4,WHICH IS S90DEGE 560.8 FT FROM NW COR SD QR SEC;TH CONT ALONG SDN LINE S90DEGE 177.56 FT TH S 0DEG12'42"E 294.38 FT TH N90DEGW 177.56 FT TH N 0DEG12'42"W 294.38 FT TO PT BEG,LESS 34.775A PLATTED TO FALL CREEK FARMS,LESS 19.095A PLATTED TO FALL CREEK FARMS 2ND PLAT,LESS 0.739A PLATTED TO FALL CREEK FARMS3RD PLAT,LESS 1.401A PLATTED TO FALL CREEK FARMS 4TH PLAT FILED 06/25/2001 P 17/302,LESS 0.288A D 723/133,LESS 0.344A PLATTED TO FALL CREEK FARMS 6THPLAT FILED 10/11/2001 P 17/355,LESS 1.899A PLATTED TO FALL CREEK FARMS 7TH PLAT FILED 01/11/2002 P 17/377 95.091A (DIV 2002 U13935B)
U13935BA William E. Fritzel Trustees $12,790.85
27-12-19 BEG AT A PT ON N LINENE 1/4,708.88 FT W OF NE COR SD QR SEC,SD PT BEING NW COR FALL CREEK FARMS,TH S 0DEGW 241.53 FT ALONG W LINE SD FALL CREEK FARMS TH N90DEGW 140 FT TH N 0DEGE 241.53 FT TO N LINE SDQR SEC TH S90DEGE ALONG SD N LINE 140 FT TO PT BEG .776A (DIV 1996 U13935B)
TOTAL $2,750,000