RESOLUTION NO. 6503

 

A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF HARVARD ROAD FROM THE INTERSECTION OF GEORGE WILLIAMS WAY EAST 500 FEET, INCLUDING  PROPERTY ACQUISITION, TRAFFIC CALMING DEVICES, BICYCLE FACILITIES SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATER MAIN AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on October 21st, 2003, conduct the public hearing on the advisability of the following improvement: 

 

The construction of Harvard Road from George Williams Way east 500 feet including property acquisition, traffic calming, bicycle facilities, subgrade stabilization, stormwater improvements, water main 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 October 21, 2003, find and determine, and does  hereby 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 construction of Harvard Road from George Williams Way east 500 feet including property acquisition, traffic calming, bicycle facilities, subgrade stabilization, stormwater improvements, water main and other necessary and appropriate improvements.

 

b)                 Estimated or Probable Cost:

 

            The estimated or probable cost of the improvement:  $550,000 plus costs of issuance and plus costs of interest on any temporary financing. Said estimated cost as herein set forth is hereby increased at the pro-rata rate of 1 percent per month from and after the adoption date of the resolution.

 

c)                  The proposed improvement district:

 

 

 

Parcel 1 – STULTZ               

 

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°34’09” EAST, 540.87 FEET; THENCE NORTH 56°56’32” EAST, 392.17 FEET TO THE EAST LINE OF THE ABOVE DESCRIBED TRACT; THENCE SOUTH 02°19’37” EAST, ALONG SAID EAST LINE, 727.70 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 87°56’58” 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.                                                              

 

Parcel 2 – CITY OF LAWRENCE

 

 A TRACT OF LAND IN THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTERS OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH P.M. IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE ¼) OF SAID SECTION 32; THENCE NORTH 87°56’58” EAST, ON THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼) OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF GEORGE WILLIAMS WAY; THENCE SOUTH 02°30’11” EAST, ON THE EASTERLY RIGHT-OF-WAY LINE OF GEORGE WILLIAMS WAY A DISTANCE OF 40.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 87°56’58”EAST, ON A LINE 40.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼) , A DISTANCE OF 275.01 FEET; THENCE ON A 560.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 57.36 FOOT CHORD BEARING SOUTH 89°06’55” EAST  AN ARC LENGTH OF 57.38 FEET; THENCE NORTH 11°34’09” EAST A DISTANCE OF 44.03 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER (NE ¼) OF SAID SECTION 32; THENCE CONTINUING NORTH 11°34’09” EAST A DISTANCE OF 541.02 FEET; THENCE NORTH 56°56’32” EAST A DISTANCE OF 392.17; THENCE SOUTH 02°19’39” EAST A DISTANCE OF 97.34 FEET; THENCE SOUTH 57°12’05” WEST A DISTANCE OF 137.79 FEET; THENCE SOUTH 40°40’51” WEST A DISTANCE OF 120.93 FEET; THENCE SOUTH 11°34’09” WEST A DISTANCE OF 484.84 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SAID SECTION 32; THENCE CONTINUING SOUTH 11°34’09” WEST A DISTANCE OF 38.20 FEET; THENCE SOUTH 00°34’00” EAST A DISTANCE OF 452.60 FEET; THENCE SOUTH 38°00’53” EAST A DISTANCE OF 240.90 FEET; THENCE SOUTH 02°30’11” EAST PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SAID SECTION 32 A DISTANCE OF 399.08 FEET TO THE NORTHEAST CORNER OF LOT 30, BLOCK 3, IN LONGLEAF SUBDIVISION; THENCE SOUTH 87°41’44” WEST ON THE NORTH LINE OF LONGLEAF SUBDIVISION A DISTANCE OF 607.69 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE OF GEORGE WILLIAMS WAY; THENCE NORTH 02°30’11” WEST ON THE EASTERLY RIGHT-OF-WAY LINE OF GEORGE WILLIAMS WAY A DISTANCE OF 1046.49 FEET TO THE POINT OF BEGINNING, CONTAINING 672,629 SQUARE FEET OR 15.441 ACRES MORE OR LESS ALL IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

d)                 The method of assessment:

 

Property in the district located in Parcel 1 shall be assessed for 34.45% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of Parcel 1 to the entire front footage of Harvard Road in the district.  Property located in Parcel 1 shall be assessed for such costs based on the square footage of each lot and parcel to the square footage of all of the property in the district located in Parcel 1.

 

Property in the district located in Parcel 2 shall be assessed for 65.55% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located in Parcel 2 to the entire front footage of Harvard Road in the district.  Property located in Parcel 2 shall be assessed for such costs based on the square footage of each lot and parcel to the square footage of all of the property in the district located in Parcel 2.

e)                 Apportionment of costs:

 

The apportionment of costs shall be one hundred percent (100%) of the cost of the improvement shall be paid by the improvement district and zero percent (0%) of the cost of the improvement 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 reinforced concrete drainage structure under Harvard Road.

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.

 

g)                 Parcel 1 of the  improvement district shall provide not less than 8.6% of the improvement district’s estimated share/portion of the engineering and construction costs for street, sidewalk, and storm sewer improvements and not less than 17.2% of the improvement district’s estimated share/portion of the engineering and construction costs for water main improvements to the City of Lawrence prior to the City incurring any monetary obligation for engineering work or construction improvements.

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 28th day of October 2003.

                                                                        PASSED:

 

                                                                        ______________________________

                                                                        David M. Dunfield, Mayor

ATTEST:

 

_____________________________

Frank S. Reeb, City Clerk

 

Approved as to form and legality:

 

______________________________

David L. Corliss                    Date

Director of Legal Services

 

 

Legal description approved by:

 

 

______________________________

Charles F. Soules, P.E.       Date

Director of Public Works