ORDINANCE NO. 8138

 

AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY THE COSTS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS OF STONERIDGE DRIVE FROM THE INTERSECTION OF WEST 6TH STREET (U.S. HIGHWAY 40) NORTH APPROXIMATELY 1300 FEET, INCLUDING A RIGHT-TURN LANE ON 6TH STREET, SIDEWALKS ON BOTH SIDES, PROPERTY ACQUISITION, TRAFFIC CALMING/CONTROL DEVICES, INTERSECTION IMPROVEMENTS, BICYCLE  FACILITIES, SUBGRADE  STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES AND OTHER NECESSARY AND  APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6702.

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6702 authorized the following improvements (the “Improvements”):

 

construction of public improvements of Stoneridge Drive from the intersection of West 6th Street (U.S. Highway 40) north approximately 1300 feet, including a right-turn lane on 6th Street, sidewalks on both sides, property acquisition, traffic calming/control devices, intersection improvements, bicycle facilities, subgrade stabilization, stormwater improvements, waterlines, and other necessary and appropriate improvements; and,

 

WHEREAS, Resolution No. 6702 established that the improvements be assessed prior to construction; and,

 

WHEREAS, pursuant to K.S.A. 12-6a09, (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 and seven hundred fifty thousand dollars ($2,750,000.00); 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 and seven hundred fifty thousand dollars (2,750,000.00); and,

 

WHEREAS, notice of a public hearing to consider the proposed maximum assessments was published in the official City newspaper and mailed to the owners of the property to be assessed; and,

 

WHEREAS, the Governing Body did hold a public hearing on the 23rd day of October, 2007 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 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 on 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 the 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 23rd DAY OF OCTOBER 2007.

 

 

APPROVED:

 

 

_____________________________

Sue Hack, Mayor

 

ATTEST:

 

 

__________________________________________

Frank S. Reeb, City Clerk                         Date       

 

Approved as to form and legality:

 

 

___________________________________________

Toni Ramirez Wheeler                                   Date               

Director of Legal Services

 

 

 

Legal descriptions approved by:

 

 

___________________________________________

Charles F. Soules, P.E.                              Date               

Director of Public Works

 


EXHIBIT A

PLATE NO.

PROPERTY OWNER & LEGAL DESCRIPTION

MAXIMUM
ASSESSMENT

 

 

 

 

Tract 1

 

 

$1,375,000.00

U13970A

Pear Tree Village, LP
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY KANSAS, DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE WEST LINE, 344.49 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE NORTH 02°01’38” WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 982.13 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°04’08” EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 1339.07 FEET TO THE NORTHEAST CORNER THEREOF, AND THE EAST LINE OF SAID QUARTER SECTION; THENCE SOUTH 02°04’08” EAST, ALONG SAID EAST LINE, 807.31 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE SOUTH 87°55’20” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET; THENCE SOUTH 02°02’40” EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 134.51 FEET; THENCE SOUTH 00°06’04” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 39.59 FEET; THENCE SOUTH 04°31’31” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 238.54 FEET; THENCE SOUTH 42°40’40” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 46.72 FEET; THENCE SOUTH 88°04’34” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1167.98 FEET; THENCE NORTH 46°28’55” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 42.08 FEET; THENCE NORTH 02°11’30” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 239.58 FEET; THENCE SOUTH 87°58’01” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET TO THE POINT OF BEGINNING LESS THE DEDICATION OF RIGHT OF WAY RECORDED AT THE DOUGLAS COUNTY REGISTER OF DEEDS AT BOOK 1027, PAGE 2246., SAID AREA CONTAINS 37.705 ACRES, MORE OR LESS.

 

 

Tract 2

ST. MARGARET’S EPISCOPAL CHURCH

 

$236,193.89

U13969A


A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

LOT 1, ST. MARGARET’S ESPISCOPAL CHURCH ADDITION. CONTAINS 9.271 ACRES, MORE OF LESS.

 

 

Tract 3

CITY WATER TOWER

 

 

$439,430.50

U13969

 A TRACT OF LAND IN THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SECION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE EAST LINE, 344.49 FEET NORTH OF THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF SAID QUARTER SECTION; THENCE NORTH 02°01’38” WEST, ALONG SAID EAST LINE, 345.51 FEET; THENCE SOUTH 88°04’34” WEST, 400.00 FEET; THENCE SOUTH 02°01’38” EAST, 400.00 FEET; THENCE NORTH 88°04’34” EAST, 360.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE NORTH 02°01’38” WEST, ALONG SAID RIGHT-OF-WAY LINE, 54.42 FEET; THENCE NORTH 87°58’22” EAST, ALONG SAID RIGHT-OF-WAY LINE, 40.00 FEET TO THE POINT OF BEGINNING, LESS THE DEDICATION OF RIGHT OF WAY RECORDED AT THE DOUGLAS COUNTY REGISTER OF DEEDS AT BOOK 1020, PAGE 1885. SAID AREA CONTAINS 3.623 ACRES, MORE OR LESS.

 

 

Tract 4

 

 

$699,375.61

U13968-001

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 1

$4,325.66

U13968-002

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 2

$3,364.40

U13968-003

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 3

$3,364.40

U13968-004

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 4

$3,517.76

U13968-005

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 5

$5,531.94

U13968-006

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 6

$5,398.45

U13968-007

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 7

$3,831.09

U13968-008

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 8

$3,913.34

U13968-009

OREGON TRAIL

Oregon Trail Addition, Block 1, Lot 9

$5,397.75

U13968-010

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 1

$3,607.33

U13968-011

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 2

$2,805.70

U13968-012

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 3

$2,905.73

U13968-013

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 4

$2,905.73

U13968-014

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 5

$2,805.70

U13968-015

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 6

$4,891.33

U13968-016

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 7

$3,794.49

U13968-017

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 8

$2,854.50

U13968-018

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 9

$2,854.50

U13968-019

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 10

$2,956.27

U13968-020

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 11

$2,956.27

U13968-021

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 12

$2,854.50

U13968-022

OREGON TRAIL

Oregon Trail Addition, Block 2, Lot 13

$3,670.07

U13968-023

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 1

$2,795.94

U13968-024

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 2

$2,805.00

U13968-025

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 3

$2,792.46

U13968-026

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 4

$2,893.18

U13968-027

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 5

$2,871.92

U13968-028

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 6

$2,805.70

U13968-029

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 7

$2,805.70

U13968-030

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 8

$2,805.70

U13968-031

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 9

$3,410.76

U13968-032

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 10

$3,425.05

U13968-033

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 11

$3,846.42

U13968-034

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 12

$4,546.28

U13968-035

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 13

$4,178.58

U13968-036

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 14

$3,118.69

U13968-037

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 15

$3,759.99

U13968-038

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 16

$3,242.41

U13968-039

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 17

$3,718.86

U13968-040

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 18

$4,046.48

U13968-041

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 19

$3,850.26

U13968-042

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 20

$3,621.97

U13968-043

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 21

$3,144.48

U13968-044

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 22

$3,135.41

U13968-045

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 23

$3,473.14

U13968-046

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 24

$3,883.72

U13968-047

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 25

$3,569.34

U13968-048

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 26

$4,122.81

U13968-049

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 27

$4,450.43

U13968-050

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 28

$3,568.29

U13968-051

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 29

$3,407.27

U13968-052

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 30

$4,459.15

U13968-053

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 31

$3,868.73

U13968-054

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 32

$3,645.67

U13968-055

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 33

$4,306.14

U13968-056

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 34

$6,535.02

U13968-057

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 35

$6,576.15

U13968-058

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 36

$4,475.18

U13968-059

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 37

$3,525.77

U13968-060

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 38

$3,777.07

U13968-061

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 39

$3,412.50

U13968-062

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 40

$3,412.15

U13968-063

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 41

$3,412.15

U13968-064

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 42

$3,746.05

U13968-065

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 43

$4,173.00

U13968-066

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 44

$5,514.16

U13968-067

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 45

$4,887.15

U13968-068

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 46

$6,329.73

U13968-069

OREGON TRAIL

Oregon Trail Addition, Block 3, Lot 47

$6,359.71

U13968-070

CITY OF LAWRENCE

Oregon Trail Addition, Tract A

$65,015.59

U13968-071

CITY OF LAWRENCE

Oregon Trail Addition, Tract B

$837.18

U13968-072

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 1

$4,125.95

U13968-073

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 2

$3,809.13

U13968-074

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 3

$3,486.04

U13968-075

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 4

$3,207.56

U13968-076

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 5

$3,325.37

U13968-077

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 6

$3,814.36

U13968-078

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 7

$4,122.46

U13968-079

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 8

$4,318.34

U13968-080

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 9

$3,764.87

U13968-081

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 10

$3,603.15

U13968-082

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 11

$3,481.51

U13968-083

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 12

$3,509.04

U13968-084

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 13

$3,620.57

U13968-085

OREGON TRAIL

Oregon Trail Addition, Block 4, Lot 14

$4,269.20

U13968-086

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 1

$4,684.65

U13968-087

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 2

$3,761.38

U13968-088

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 3

$3,764.52

U13968-089

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 4

$3,766.26

U13968-090

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 5

$3,650.55

U13968-091

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 6

$6,100.40

U13968-092

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 7

$4,581.14

U13968-093

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 8

$3,876.05

U13968-094

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 9

$3,884.42

U13968-095

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 10

$3,751.28

U13968-096

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 11

$4,760.28

U13968-097

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 12

$5,707.60

U13968-098

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 13

$3,750.23

U13968-099

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 14

$3,763.82

U13968-100

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 15

$3,763.82

U13968-101

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 16

$3,763.82

U13968-102

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 17

$3,763.82

U13968-103

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 18

$4,887.15

U13968-104

OREGON TRAIL

Oregon Trail Addition, Block 5, Lot 19

$155,727.93

U13968-105

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 1

$4,413.84

U13968-106

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 2

$3,527.17

U13968-107

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 3

$3,527.17

U13968-108

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 4

$3,527.17

U13968-109

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 5

$4,248.63

U13968-110

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 6

$4,008.14

U13968-111

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 7

$3,206.52

U13968-112

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 8

$3,206.52

U13968-113

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 9

$3,231.26

U13968-114

OREGON TRAIL

Oregon Trail Addition, Block 6, Lot 10

$4,889.24

U13968-115

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 1

$4,325.66

U13968-116

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 2

$3,368.24

U13968-117

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 3

$3,494.06

U13968-118

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 4

$3,886.51

U13968-119

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 5

$5,032.14

U13968-120

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 6

$4,675.24

U13968-121

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 7

$5,376.49

U13968-122

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 8

$4,122.81

U13968-123

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 9

$5,890.23

U13968-124

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 10

$3,860.02

U13968-125

OREGON TRAIL

Oregon Trail Addition, Block 7, Lot 11

$4,520.49

 

 

TOTAL

$2,750,000.00