RESOLUTION NO. 6449
A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING 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
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on January 14, 2003, conduct the public hearing on the advisability of the following improvement:
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.
WHEREAS, notice of such hearing was duly published as required by law; and
WHEREAS, the Governing Body did on January 21, 2003, find and determine, and does find and determine, in accordance with K.S.A. 12-6a02 et seq., all as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION I. That the Governing Body hereby finds, and finally determines, that it is advisable to make the following improvements:
a) General Nature of the Improvement:
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.
b) Estimated or Probable Cost:
The estimated or probable cost of the improvement: $2,500,000
c) The proposed improvement district:
THE NORTH 324.00 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND IN DOUGLAS COUNTY, KANSAS, LYING IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN:
BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 87°5628 WEST, ALONG THE NORTH LINE OF SAID QUARTER SECTION, 1331.79 FEET TO THE NORTHWEST CORNER OF THE EAST ONE-HALF OF SAID QUARTER SECTION; THENCE SOUTH 02°3515 EAST, ALONG THE WEST LINE OF SAID EAST ONE-HALF, 1608.23 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 15TH STREET; THENCE NORTH 88°0118 EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1250.44 FEET; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, ON AN 850.00 FOOT RADIUS CURVE TO THE RIGHT, AN ARC LENGTH OF 79.14 FEET TO THE EAST LINE OF SAID QUARTER SECTION; THENCE NORTH 02°3011 WEST, ALONG SAID EAST LINE, 1613.76 FEET TO THE POINT OF BEGINNING.
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°3011 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°4144 EAST, ALONG THE NORTH LINE OF SAID ADDITION, 300.00 FEET; THENCE NORTH 02°3011 WEST, 1085.17 FEET TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 87°5658 WEST, ALONG SAID NORTH LINE, 300.01 FEET TO THE POINT OF BEGINNING.
TRACT 3
THE WEST 850.00 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND IN DOUGLAS COUNTY, KANSAS:
THE SOUTH 60 ACRES OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN DOUGLAS COUNTY, KANSAS, LESS THE NORTH 15 FEET THEREOF;
AND LESS
A TRACT OF LAND IN DOUGLAS COUNTY, KANSAS, LYING IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE, 383.01 FEET EAST OF THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 11°3409 EAST, 540.87 FEET; THENCE NORTH 56°5632 EAST, 392.17 FEET TO THE EAST LINE OF THE ABOVE DESCRIBED TRACT; THENCE SOUTH 02°1937 EAST, ALONG SAID EAST LINE, 727.70 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 87°5658 WEST, ALONG SAID SOUTH LINE, 467.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5.633 ACRES, MORE OR LESS, ALL IN DOUGLAS COUNTY, KANSAS.
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.
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.
d) The method of assessment:
The method of assessment shall be based on the ratio of the front footage of each lot and parcel in the benefit district to the total front footage in the benefit district.
e) Apportionment of costs:
The apportionment of costs shall be one hundred percent (100%) of the cost of the improvement, and other necessary and appropriate improvements shall be paid by the improvement district and zero (0%) of the cost of the improvement shall be paid by the city at large; provided that the City of Lawrence shall pay one hundred percent (100%) of the design and construction costs which can be attributed to a pavement width in excess of 31 feet and/or a sidewalk width in excess of six feet as per City standards.
f) Pursuant to K.S.A. 12-692, the governing body may exempt property, the owner or owners or predecessors in title to which have dedicated or conveyed property necessary for the extension of the street improvement, from that portion of the benefit district special assessments for the costs of acquiring land necessary for the extension of the street improvement. It being the intent of the governing body to require properties which have not dedicated the necessary property for the improvement to bear the cost of acquiring such property.
SECTION II. The Improvement is hereby authorized and ordered to be made in accordance with the findings of the governing body upon the advisability of the improvement.
SECTION III. The City shall adopt an ordinance establishing the maximum amount of special assessments prior to the construction of the improvement, all as provided by K.S.A. 12-6a09, as amended.
The improvement shall not be commenced if, within 20 days after publication of this resolution, written protest signed by both 51% or more of the resident owners of record of property within the improvement district and the owners of record of more than half of the total area of said district are filed with the City Clerk.
This resolution shall be come effective upon its publication in the official city newspaper.
ADOPTED and passed this 21st day of January 2003.
PASSED:
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Sue Hack, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
Approved as to form and legality:
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David L. Corliss Date
Director of Legal Services
Legal description approved by:
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Charles F. Soules, P.E. Date
Director of Public Works