ORDINANCE NO. 7806
AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY ALL OF THE COSTS FOR THE CONSTRUCTION OF GEORGE WILLIAMS WAY FROM ITS CURRENT TERMINUS NORTH APPROXIMATELY 3000 L.F. TO WEST 6TH STREET (US HIGHWAY 40), INCLUDING PROPERTY ACQUISITION AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6449.
WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6449, authorized the construction of the improvement/extension of George Williams Way from its current termination north approximately 3,000 L.F. to W. 6th Street (US Hwy 40), including property acquisition, and other necessary and appropriate improvements; and,
WHEREAS, Resolution No. 6449 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 cost of the improvements is two million four hundred seventy three thousand and eighty two dollars and ninety four cents ($2,473,082.94); and,
WHEREAS, the Governing Body has determined that the cost assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby is two million four hundred seventy three thousand and eighty two dollars and ninety four cents ($2,473,082.94); and,
WHEREAS, the Governing Body did hold a public hearing on the 10th day of August 2004, to consider the proposed maximum assessments and the hearing was closed.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: For the purpose of paying 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 24th DAY OF AUGUST 2004.
APPROVED:
_______________________________
Mike Rundle, Mayor
ATTEST:
______________________________
Frank S. Reeb, City Clerk
EXHIBIT A
TO ORDINANCE 7806
Plate Number Property Owner/Legal Description Assessment Amount
U15807A USD#497 $65,412.22
West 15th Elementary Addition, Lot 1
U15807 USD#497 $61,023.70
32-12-19 NE 1/4 SW 1/4 & N 10ASE 1/4 SW 1/4 SD SEC DESC AS:COM AT S ONE-QUARTER COR 32-12-19 TH N ALONG E LINE SW QR 996.18 FT TO PT BEG:TH N 0DEG10'26"E ALONG SD E LINE SW QR 1660.3 FT TH N89DEG23'44"W ALONG NLINE SD SW QR 1331.83 FT TH S 0DEG05'11"W 1658.3 FT TH S89DEG18'31"E 1329.31 FT TO PT BEG 50.68A (ANNEXED TO CITY OF LAWRENCE ORD NO 6725-11/21/1995 BK 544/1096 & ORD NO 7109 ADOPTED 07/06/1999 BK 653/740 REPLACING 400348C),LESS 1.52A DEDICATED TO CITY OF LAWRENCE FOR ST R/W FILED 10/08/1996 BK 565/13,LESS 14.519A PLATTED TO WEST 15TH ELEMENTARY ADD P 17/126FILED 12/23/1999 34.641A (DIV & COMB 2000 U15807 & U15810)
U15817-01 City of Lawrence, KS $126,262.54
THE NORTH 324.00 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND IN DOUGLAS COUNTY, KANSAS, LYING IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN: BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 02°30’11” EAST, ALONG THE WEST LINE OF SAID QUARTER SECTION, 1086.49 FEET TO THE NORTHWEST CORNER OF LONGLEAF, AN ADDITION TO THE CITY OF LAWRENCE, KANSAS; THENCE NORTH 87°41’44” EAST, ALONG THE NORTH LINE OF SAID ADDITION, 300.00 FEET; THENCE NORTH 02°30’11” WEST, 1085.17 FEET TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 87°56’58” WEST, ALONG SAID NORTH LINE, 300.01 FEET TO THE POINT OF BEGINNING.
U15802 Harvard LC $786,780.09
32-12-19 TR OF LAND IN NE 1/4 & SE 1/4 DESC AS:BEG AT PT ON W LINE 807.57 FT S OF NW COR NE 1/4 SD SEC TH S02DEG19'37"E ALONG SD W LINE 1837.67 FT TH N87DEG56'58"E 315.33 FT TH ON 600 FOOT RADIUS CURVE TO RIGHTWITH 66.88 FOOT CHORD BEARING S88DEG51'21"E ARC DISTANCE 66.91 FT TH N11DEG34'09"E 544.71 FT TH N56DEG56'32"E 784.65 FT TH N36DEG23'46"E 60.67 FT TH N57DEG04'13"W 1500.56 FT TO PT BEG 26.712A WW35 (DIV 2003 U15802)
U15802A Alvamar Inc. $11,332.51
32-12-19 TR OF LAND IN NE 1/4 SD SEC DESC AS:BEG AT PT WHICHIS 535 FT S OF NW COR NE 1/4 NE 1/4,SD PT BEING ALONG E LINEW 1/2 NE 1/4;TH N88DEG04'34"E PARA TO N SEC LINE 497.5 FT THS05DEG34'34"W 478.45 FT TH S33DEG14'10"W 174.1 FT TH N56DEG45'49"W 224.74 FT TH ALONG 260 FOOT RADIUS CURVE TO RIGHT WITH 238.59 FOOT CHORD BEARING N29DEG27'08"W ARC DISTANCE 247.87 FT TH N02DEG08'26"W 111.86 FT TH S87DEG56'58"W TO W LINE SD NE 1/4 TH N ALONG W LINE TO PT WHICH IS 15 FT S OF N LINE OF S 60A W 1/2 NE 1/4 TH E ALONG SD LINE TO E LINE W 1/2 NE 1/4 TH N 140 FT ALONG SD E LINT TO PT BEG 6.7A WW35 (DIV 2003 U15802)
U15802B Alvamar Inc. $23,660.89
32-12-19 TR OF LAND IN NE 1/4 SD SEC DESC AS:BEG AT SW COR LT 3 BLK 3 FOX CHASE ADD NO 4 TH N57DEG04'13"W 1502.23 FT TH N02DEG19'37"W 52.95 FT TH N87DEG56'58"E 1337.74 FT TH S02DEG08'26"E 111.86 FT TH ALONG 260FOOT RADIUS CURVE TO LEFT WITH238.59 FOOT CHORD BEARING S29DEG27'08"E ARC DISTANCE 247.87 FT TH S56DEG45'49"E 224.74 FT TO SW COR LT 1 BLK 3 FOX CHASEADD NO 5 TH S33DEG14'10"W ALONG WLY LINE SD FOX CHASE ADD NO5 40 FT TH N56DEG45'49"W ALONGSD WLY LINE 29.14 FT TH S36DEG23'46"W ALONG WLY LINE SD FOX CHASE ADD'S NO 5 & NO 4 567.99FT TO PT BEG 17.489A WW35 (DIV 2003 U15802)
U15802C Alvamar Inc. $35,806.99
32-12-19 TR OF LAND IN NE 1/4 & SE 1/4 DESC AS:BEG AT PT WHICH IS 535 FT S OF NW COR NE 1/4 NE 1/4,SD PT BEING ALONG E LINE W ONE-HALF NE QR SD SEC;THN88DEG04'34"E PARA TO N SEC LINE SD SEC 497.5 FT TH S05DEG34'34"W 478.45 FT TH S33DEG14'10"W 213.42 FT TH N56DEG45'49"W 29.14 FT TH S36DEG23'46"W 694.78 FT TH S56DEG56'32"W 784.65 FT TH S11DEG34'09"W 585.05 FT TH ON 560 FOOT RADIUS CURVE TOLEFT WITH 57.36 FOOT CHORD BEARING N89DEG00'55"W ARC DISTANCE 57.38 FT TH S87DEG56'58"W 275.01 FT TH N02DEG30'11"W 40 FTTO N LINE SE 1/4 SD SEC 32 TH S87DEG56'58"W ON N LINE SE 1/440 FT TO NE COR SW 1/4 TH N ALONG W LINE NE 1/4 SD SEC 32 TOPT WHICH IS 15 FT S OF N LINE S 60A W HALF NE 1/4 TH E ALONGLINE WHICH IS 15 FT S OF N LINE S 60A SD W HALF NE 1/4 TO E LINE SD W HALF NE 1/4 TH N 140FT ALONG SD E LINE TO PT BEG 53.6A WW35 (ANNEXED TO CITY OF LAWRENCE ORD NO 7427 ADOPTED10/02/2001 BK 736/286 REPLACESPORTION 400345A),LESS 6.7A PORTION D'S 603/1830 & 476/1113,LESS 17.489A D 819/1701 29.411A,LESS 26.712A D 893/812 1.61A (DIV 2003 U15802)
U15801A Christine A. Collister $252,542.85
THE WEST HALF OF THE FOLLOWING DESCRIBED TRACT OF LAND IN DOUGLAS COUNTY, KANSAS:
THAT PORTION OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION THIRTY-TWO (32), TOWNSHIP TWELVE (12) SOUTH, RANGE NINETEEN (19) EAST OF THE SIXTH PRINCIPAL MERIDIAN, WHICH LIES NORTH OF A LINE WHICH IS FIFTEEN FEET (15’) SOUTH OF THE NORTH LINE OF THE SOUTH SIXTY (60) ACRES THEREOF.
U15804 Diamond Head Limited Partnership $1,110,261.15
ALL OF THE FOLLOWING DESCRIBED TRACT OF LAND IN DOUGLAS COUNTY, KANSAS:
THE NORTH HALF OF THE NORTHWEST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION THIRTY-TWO (32), TOWNSHIP TWELVE (12) SOUTH, RANGE NINETEEN (19) EAST OF THE SIXTH PRINCIPAL MERIDIAN, SUBJECT TO A PERPETUAL AND ASSIGNABLE EASEMENT OF RIGHT-OF-WAY IN FAVOR OF THE UNITED STATES OF AMERICA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION THIRTY-TWO (32); THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, 250 FEET; THENCE WITH AN ANGLE OF 129 DEGREES, 19 MINUTES, 19 SECONDS TO THE RIGHT, 193.89 FEET; THENCE WITH AN ANGLE OF 38 DEGREES, 51 MINUTES, 40 SECONDS TO THE LEFT, 847.82 FEET; THENCE WITH AN ANGLE OF 1 DEGREE, 8 MINUTES, 22 SECONDS TO THE LEFT, 321.05 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE POINT OF BEGINNING; CONTAINING 3.71 ACRES, MORE OR LESS, WHICH INCLUDES 0.46 ACRES OF EXISTING RIGHT-OF-WAY PURSUANT TO A NOTICE OF LIS PENDENS RECORDED DECEMBER 15, 1971, IN THE RECORDS OF DOUGLAS COUNTY, KANSAS, BOOK 278, PAGE 362.
Total $2,473,082.94