ORDINANCE NO

ORDINANCE NO. 8197

AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF INTERESTS IN CERTAIN REAL ESTATE IN DOUGLAS COUNTY, KANSAS, FOR THE PURPOSE AND USE OF THE CITY OF LAWRENCE, KANSAS IN THE CONSTRUCTION, OPERATION AND MANTENANCE OF A PUBLIC SANITARY SEWER COLLECTION AND MAIN SYSTEM, underground data and communication lines, and A Permanent Greenspace and Pedestrian and Recreational Path easement, AND ALL EQUIPMENT AND FACILITIES APPURTENANT THERETO, PURSUANT TO CHAPTER 26, ARTICLES 2 AND 5 AS THE SAME RELATE TO CONDEMNATION BY CITIES AND FURTHER PURSUANT TO K.S.A. 12-1306, K.S.A. 12-622, AND K.S.A. 12-623, AND AMENDMENTS THERETO AND FURTHER PURSUANT TO RESOLUTION 6744 OF THE CITY OF LAWRENCE, KANSAS.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did, on the 23rd day of October, 2007, adopt Resolution No. 6744 thereby finding and determining it to be necessary and in the public interest to appropriate for public use and purpose, interests in certain real estate in Douglas County, Kansas needed for the use by the City of Lawrence, Kansas, in the extension, construction, and maintenance of utilities, including a sanitary sewer collection and main system, underground data and communication lines, and all equipment and facilities appurtenant thereto, including temporary construction easements, beginning generally at a point near West 6th Street & Kansas Highway 10 and extending north and east to the intersection of N 1750 Road and E 1100 Road, generally along a tributary known as Baldwin Creek, all in Douglas County, Kansas; and further for the purpose of constructing and maintaining a permanent green space and a pedestrian and recreational path, and all equipment and facilities appurtenant thereto, including temporary construction easements, for the use in the extension and construction of said facilities; and

WHEREAS, the Governing Body of the City of Lawrence, Kansas, has heretofore authorized and ordered a survey of the interests in the lands to be condemned to be made by a competent land surveyor or professional engineer and said survey has been made and filed with the City Clerk for the City of Lawrence.

NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. That the Governing Body of the City of Lawrence, Kansas, hereby affirms all its prior orders and declarations of the necessity for the appropriation of certain real estate interests for the use of said City for the purpose of the construction and maintenance of a sanitary sewer collection and main system, along with underground data and communication lines, and all equipment and facilities appurtenant thereto, including temporary construction easements, and for the purpose of constructing and maintaining a permanent green space and a pedestrian and recreational path, and all equipment facilities appurtenant thereto, all in Douglas County, Kansas.

Section 2. The interests in real estate to be taken for such public purpose are described in Exhibit A attached hereto and are incorporated as if fully set forth herein.

Section 3. The interests in said real estate described in Section 2 and Exhibit A hereof are hereby ordered condemned for the purpose and use set forth in Section 1 hereof.

Section 4. Attorneys for the City of Lawrence, Kansas, for and on behalf of the Governing Body of the City of Lawrence, Kansas, are hereby authorized and directed to file a verified petition in the District Court of Douglas County, Kansas, for the condemnation and appropriation of the interests in real estate described in Section 2 hereof, pursuant to the Eminent Domain Procedure Act, K.S.A. Chapter 26, as amended, and further pursuant to K.S.A. 12-1306, as amended, K.S.A. 12-622, as amended, K.S.A. 12-623, as amended, and Resolution No. 6744 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said interests in real estate for said public purpose and improvements.

Section 5. This ordinance shall constitute the final order setting forth the condemnation of interests in the real estate described herein and the purpose for which the same shall be used.

Section 6. This ordinance shall be in full force and effect from and after its passage and publication according to law.

PASSED by the Governing Body of the City of Lawrence, Kansas, on the ____^th day of November 2007.

APPROVED

_______________________________

Honorable Sue Hack

Mayor

ATTEST:

____________________________________

Frank S. Reeb

City Clerk

Approved as to form and legality:

________________________________________

Toni Ramirez Wheeler, Director of Legal Services

EXHIBIT A TO

CITY OF LAWRENCE, KS

ORDINANCE NO. 8197

Tract # 11

Fee Simple Owners: Turner-Douglas, LLC

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A strip of land 100 feet wide in the South Half of the Northeast Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Northwest Corner of said South Half; thence along the north line of said South Half on an assumed bearing of N88°06¢09”E, 835.44 feet to the Point of Beginning of said centerline; thence S18°06¢07”E, 133.96 feet; thence S06°40¢41”W, 315.00 feet; thence S08°45¢36”E, 395.00 feet; thence S30°39¢44”W, 300.00 feet; thence S01°08¢38”E, 238.46 feet to a point on the south line of said South Half 705.78 feet east of the Southwest Corner of said South Half and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north and south lines of said South Half, less the below described permanent Sanitary Sewer Easement.

The above strip contains 1.899 acres, more or less.

allowing the City of Lawrence and its agents, employees, contractors and assigns to enter upon and make use of the above-described area as may be required to locate, lay-out, and carry out the construction and installation of a public sanitary sewer collection and main system, the laying of sanitary main lines and other sanitary collection lines and underground data and communication lines, and all necessary above and below ground ancillary fixtures and equipment as may be necessary for the operation and maintenance of such system, including but not limited to grading, filling, and repairing the grounds within the area of the easement; removal of dirt, soils or other borrow material; removal of any improvements, personal property or growing things located thereon; and the movement and storage of vehicles, machines, materials, supplies and equipment; and the rights of ingress and egress for such purposes; at the conclusion of construction, the City shall grade the area disturbed by such activity to match the existing grade of the real property immediately abutting such area, with grass areas reseeded and cultivated established lawns re-sodded, without the obligation of subsequent maintenance.

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the South Half of the Northeast Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on each side of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Northwest Corner of said South Half; thence along the north line of said South Half on an assumed bearing of N88°06¢09”E, 838.03 feet to the Point of Beginning of said centerline; thence S17°01¢56”E, 133.26 feet; thence S04°48¢04”W, 316.00 feet; thence S10°01¢33”E, 378.00 feet; thence S31°37¢18”W, 322.00 feet; thence S03°45¢22”W, 239.62 feet to a point on the south line of said South Half 685.31 feet east of the Southwest Corner of said South Half and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north and south lines of said South Half.

The above strip contains 1.275 acres, more or less.

for the location, laying-out, construction, installation, expansion, repair, maintenance, operation and use of a public sanitary sewer collection main system, and underground data and communication lines and all necessary above and below ground ancillary fixtures and equipment as may be necessary for the operation and maintenance of such system; reserving, however, to the Owner(s) the right use and enjoy the lands within the easement, provided that such use shall not interfere with or jeopardize City’s continued use, maintenance, repair and operation of such main, and further provided that no permanent above-ground or subterranean structures, materials, stockpiling, or building shall be erected, constructed or stored on the easement, except that roads, drives, parking lots, drainage facilities, whether paved or otherwise surfaced, curbs, walks, overhead utility wires, fence crossing at approximately right angles and underground utility conduit, pipes and sewers which are non-conflicting may be preserved, operated, constructed, maintained, repaired and utilized by the Owner(s), but notwithstanding such reservation, in the event the City is required to, in exercising any right whatsoever acquired herein, temporarily excavate or cut through any road, drive, surface, fence, curb, walk or other structure permitted herein, the City shall repair and restore said structure to a condition fully equal to that existing before construction operations were commenced, without the obligation of subsequent maintenance, and grass areas shall be reseeded and cultivated established lawns re-sodded, without the obligation of subsequent maintenance.

Tract # 13

Fee Simple Owners: Jack L. Graham, Trustee

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A strip of land 100 feet wide in the North Half of the Northeast Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Northwest Corner of said Northeast Quarter; thence along the north line of said Northeast Quarter on an assumed bearing of N88°08¢34”E, 269.37 feet to the Point of Beginning of said centerline; thence S17°26¢35”E, 169.34 feet; thence S01°10¢54”W, 240.00 feet; thence S18°41¢40”W, 270.00 feet; thence S11°28¢37”E, 300.00 feet; thence S73°03¢17”E, 334.78 feet; thence S53°41¢46”E, 309.54 feet; thence S18°06¢07”E, 75.98 feet to a point on the south line of said North Half 835.44 feet east of the Southwest Corner of said North Half and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north and south lines of said North Half less the below described 1.564 acre permanent Sanitary Sewer Easement.

The above strip contains 2.338 acres, more or less.

ALSO:

A Temporary Construction Easement expiring one year following the expiration of a 90-day Notice the City shall provide the landowner of its intention to construct this portion of the line over, across, upon and under the surface of a tract of land described as follows:

Commencing at the Northwest Corner of said Northeast Quarter; thence along the north line of said Northeast Quarter on an assumed bearing of N88°08¢34”E, 197.71 feet; thence S01°51¢26”E, 681.88 to the Point of Beginning of said centerline; thence S19°45¢19”W, 400.00 feet; thence S40°37¢44”W, 70.12 feet to a point on the west line of said North Half 1105.47 feet south of the Northwest Corner of said North Half and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the west line of said North Half, less the below described 18,805 square foot sanitary sewer easement.

The above strip contains 28,207 square feet, more or less.

(Encumbered by 3,123 square feet of existing road right-of-way.)

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the North Half of the Northeast Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on each side of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Northwest Corner of said Northeast Quarter; thence along the north line of said Northeast Quarter on an assumed bearing of N88°08¢34”E, 262.45 feet to the Point of Beginning of said centerline; thence S15°18¢20”E, 315.08 feet; thence S18°19¢38”W, 400.00 feet; thence S15°29¢39”E, 243.00 feet; thence S64°20¢30”E, 223.00 feet; thence S73°51¢18”E, 216.00 feet; thence S46°25¢50”E, 235.00 feet; thence S17°01¢56”E, 70.74 feet to a point on the south line of said North Half 838.03 feet east of the Southwest Corner of said North Half and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north and south lines of said North Half.

The above strip contains 1.564 acres, more or less.

ALSO:

The above strip contains 18,805 square feet, more or less.

Tract # 15

Fee Simple Owners: SWAN Management Company, LC

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A tract of land in the Northwest Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said described as follows:

Commencing at the Southwest Corner of said Northwest Quarter; thence along the south line of said Northwest Quarter on an assumed bearing of N88°04¢03”E, 466.77 feet to the Point of Beginning; thence continuing along said south line N88°04¢03”E, 50.85 feet; thence N12°27¢03”W, 325.33 feet; thence N05°51¢13”W, 139.41 feet; thence S44°10¢01”W, 60.41 feet; thence S69°52¢56”W, 3.83 feet; thence S05°51¢13”E, 102.53 feet; thence S12°27¢03”E, 318.93 feet to the point of beginning.

The above described contains 22,105 square feet, more or less.

ALSO:

A tract of land in the Northwest Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, described as follows:

Commencing at the Northeast Corner of said Northwest Quarter; thence along the north line of said Northwest Quarter on an assumed bearing of S88°08¢58”W, 416.89 feet; thence S01°51¢02”E, 15.00 feet to the Point of Beginning; thence parallel with said north line S88°08¢58”W, 2229.68 feet to a point 25.00 feet east of the west line of said Northwest Quarter, being a point on the east line of East 902 Road; thence along said east line S01°54¢49”E, 40.00 feet; thence N88°08¢58”E, 124.38 feet; thence S42°44¢10”E, 852.93 feet; thence S47°15¢50”W, 435.00 feet; thence S42°44¢10”E, 130.00 feet; thence N47°15¢50”E, 424.08 feet; thence N35°09¢56”E, 52.07 feet; thence N42°44¢10”W, 601.86 feet; thence N01°51¢02”W, 253.66 feet; thence N88°08¢58”E, 1491.52 feet; thence S01°51¢02”E, 188.39 feet; thence N56°53¢34”E, 292.72 feet; thence N48°05¢14”E, 118.87 feet to the point of beginning.

The above described contains 5.508 acres, more or less.

ALSO:

A strip of land 100 feet wide in the Northwest Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Northeast Corner of said Northwest Quarter; thence along the north line of said Northwest Quarter on an assumed bearing of S88°08¢58”W, 321.37 feet to the Point of Beginning of said centerline; thence S48°05¢14”W, 205.48 feet; thence S56°53¢34”W, 350.00 feet; thence S88°10¢11”W, 415.00 feet; thence S78°11¢53”W, 330.00 feet; thence S31°43¢05”W, 280.00 feet; thence S35°09¢56”W, 295.00 feet; thence S47°15¢50”W, 405.00 feet; thence S04°43¢37”E, 440.00 feet; thence S09°05¢13”E, 445.00 feet; thence S44°15¢43”W, 296.00 feet; thence S69°52¢56”W, 39.56 feet to a point on the east line of Kansas Highway 10 right-of-way, said point being a perpendicular distance of 448.30 feet north of the south line of said Northwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north line of said Northwest Quarter and at the east line of said right-of-way less the below described Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement.

The above strips together contain 4.777 acres, more or less.

A Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the Northwest Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on each side of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Northeast Corner of said Northwest Quarter; thence along the north line of said Northwest Quarter on an assumed bearing of S88°08¢58”W, 321.37 feet to the Point of Beginning of said centerline; thence S48°05¢14”W, 205.48 feet; thence S56°53¢34”W, 350.00 feet; thence S88°10¢11”W, 415.00 feet; thence S78°11¢53”W, 330.00 feet; thence S31°43¢05”W, 280.00 feet; thence S35°09¢56”W, 295.00 feet; thence S47°15¢50”W, 405.00 feet; thence S04°43¢37”E, 440.00 feet; thence S09°05¢13”E, 445.00 feet; thence S44°15¢43”W, 296.00 feet; thence S69°52¢56”W, 39.56 feet to a point on the east right-of-way line of Kansas Highway 10, said point being a perpendicular distance of 448.30 feet north of the south line of said Northwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north line of said Northwest Quarter and at the east line of said right-of-way.

TOGETHER WITH

That part of said Northwest Quarter described as commencing at the Southwest Corner of said Northwest Quarter; thence along the south line of said Northwest Quarter on an assumed bearing of N88°04¢03”E, 466.77; thence N12°27¢03”W, 318.93 feet; thence N05°51¢13”W, 102.67 feet to the Point of Beginning; thence S69°52¢56”W, 66.93 feet to the east right-of-way line of Kansas Highway 10; thence along said east line N00°20¢35”E, 32.02 feet; thence N69°52¢56”E, 51.57 feet; thence N44°15¢43”E, 14.90 feet; thence S05°51¢13”E, 37.606 feet to the point of beginning.

The above together contains 3.261 acres, more or less.

for the location, laying-out, construction, installation, expansion, repair, maintenance, operation and use of a public sanitary sewer collection main system, City of Lawrence water utility lines, stormwater facilities and structures and underground data and communication lines and all necessary above and below ground ancillary fixtures and equipment as may be necessary for the operation and maintenance of such system; reserving, however, to the Owner(s) the right to use and enjoy the lands within the easement, provided that such use shall not interfere with or jeopardize City’s continued use, maintenance, repair and operation of such main, and further provided that no permanent above-ground or subterranean structures, materials, stockpiling, or building shall be erected, constructed or stored on the easement. For the purposes of this easement, the term “Permanent Greenspace and Pedestrian and Recreational Path Easement” shall mean “an easement without expiration over, across, above, below, and upon the surface of the described lands for public recreational activities including, but not limited to, biking, hiking, running, and walking, and for the preservation of the natural environment and habitat. Said easement reserves the right to locate, construct, reconstruct, expand, repair, maintain and operate a permanent, biking, hiking, running or walking trail or path with all necessary ancillary facilities and accommodations including a sidewalk, recreational path and all other uses appurtenant thereto. Public access for motor vehicles shall be prohibited except for authorized emergency vehicles and as permitted by the City of Lawrence. Said easement prohibits any permanent structures within said easement area, including, but not limited to sheds, outbuildings, barns, fences or any other encroachment, without the express written permission of the City of Lawrence. Within said easement area the following activities are prohibited: clear cutting, excavation, harvesting for timber or removal of trees and riparian habitat or any improvements to any water tributaries or stream crossings within said easement without the express written permission of the City of Lawrence.”

Any uses which are non-conflicting with said easement may be preserved by the Owners(s), but notwithstanding such reservation, in the event the City is required to, in exercising any right whatsoever acquired herein, temporarily excavate or cut through any structure permitted herein, the City shall repair and restore said structure to a condition fully equal to that existing before construction operations were commenced, without the obligation of subsequent maintenance, and grass areas shall be reseeded and cultivated established lawns re-sodded, without the obligation of subsequent maintenance.

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

A tract of land in the Northwest Quarter of Section 29, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said described as follows:

Commencing at the Southwest Corner of said Northwest Quarter; thence along the south line of said Northwest Quarter on an assumed bearing of N88°04¢03”E, 386.42 feet to the east right-of-way line of Kansas Highway 10 and being the Point of Beginning; thence continuing along said south line N88°04¢03”E, 80.35 feet; thence N12°27¢03”W, 318.93 feet; thence N05°51¢13”W, 102.53 feet; thence S69°52¢56”W, 66.93 feet to said right-of-way line; thence along said right-of-way line S00°20¢35”W, 112.08 feet; thence continuing along said right-of-way line 287.96 feet along a curve concave to the west, having a radius of 4069.72 feet, a chord direction of S12°31¢28”E, and a chord length of 287.90 feet to the point of beginning.

The above described contains 30,996 square feet, more or less.

Tract # 18

Fee Simple Owners: St. Margaret’s Episcopal Church

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A strip of land 100 feet wide in the Southwest Quarter of Section 20, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Southeast Corner of said Southwest Quarter; thence along the east line of the Southwest Quarter on an assumed bearing of N01°31¢33”W, 76.14 feet to the Point of Beginning of said centerline; thence N80°58¢01”W, 191.68 feet; thence S48°05¢14”W, 174.52 feet to a point on the south line of said Southwest Quarter 321.37 feet west of the Southeast Corner of said Southwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the east and south lines of said Southwest Quarter less the below described permanent utility easement and permanent greenspace and pedestrian and recreational path easement.

The above described strips together contain 21,972 square feet, more or less.

(Encumbered by 3,830 square feet of existing road right-of-way and by a power line easement of no specified width.)

A Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the Southwest Quarter of Section 20, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on each side of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

The above described strips together contains 14,648 square feet, more or less.

Tract # 20

Fee Simple Owners: Rebecca J. Finney, Trustee

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A strip of land 100 feet wide in the Southwest Quarter of the Southeast Quarter of Section 20, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline :

Commencing at the Northeast Corner of said Southwest Quarter; thence along the east line of the Southwest Quarter on an assumed bearing of S01°57¢59”E, 183.31 feet to the Point of Beginning of said centerline; (Course One) thence S46°09¢24”W, 150.79 feet; (Course Two) thence S33°04¢45”W, 230.00 feet; (Course Three) thence S60°56¢23”W, 270.00 feet; (Course Four) thence S81°05¢59”W, 410.00 feet; (Course Five) thence S05°40¢19”W, 220.00 feet; (Course Six) thence S33°29¢13”W, 365.00 feet; (Course Seven) thence S44°54¢18”W, 170.00 feet; (Course Eight) thence N80°58¢01”W, 98.32 feet to a point on the west line of said Southwest Quarter 76.14 feet north of the Southwest Corner of said Southwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the east and west line of said Southwest Quarter.

TOGETHER WITH

A strip of land 100 feet wide in the Southwest Quarter of said Southeast Quarter, said strip lying 50 feet on each side of the following described centerline:

Beginning at the point of termination of Course Six as described above; thence S17°26¢35”E, 180.66 feet to a point on the south line of said Southwest Quarter 269.37 feet east of the Southwest Corner of said Southwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at said south line and at the easterly line of the above described strip less the below described permanent utility easement and permanent greenspace and pedestrian and recreational path easement.

The above described strips together contain 2.78 acres, more or less.

(Encumbered by a power line easement of no specified width.)

Also:

Those parts of the Southwest Quarter of the Southeast Quarter of Section 20, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, described as follows:

Commencing at the Northeast Corner of said Southwest Quarter; thence along the east line of the Southwest Quarter on an assumed bearing of S01°57¢59”E, 116.16 feet to the Point of Beginning; thence S46°09'24"W, 201.35 feet; thence S33°04'45"W, 17.90 feet; thence N90°00'00"W, 57.64 feet; thence N00°00'00"E, 65.41 feet; thence N53°12'31"W, 220.55 feet; thence S88°18'06"W, 287.80 feet; thence N01°41'54"W, 34.71 feet; thence N87°42'58"E, 11.10 feet; thence N49°09'18"E, 32.08 feet; thence S45°53'26"E, 21.04 feet; thence N88°18'06"E, 251.12 feet; thence S53°12'31"E, 255.97 feet; thence N64°44'13"E, 189.21 feet; thence S01°57'59"E, 10.88 feet to the point of beginning.

TOGETHER WITH

Commencing at the Northeast Corner of said Southwest Quarter; thence along the east line of the Southwest Quarter on an assumed bearing of S01°57¢59”E, 116.16 feet; thence S46°09¢24”W, 201.35 feet; thence S33°04¢45”W, 223.33 feet; thence S60°56¢23”W, 248.71 feet; thence S81°05¢59”W, 439.78 feet to the Point of Beginning; thence S05°40'19"W, 246.21 feet; thence S33°39'13"W, 290.00 feet; thence N56°20'47"W, 115.52 feet; thence N33°39'13"E, 507.42 feet to the point of beginning

The above described together contains 1.830 acres, more or less.

(Encumbered by a power line easement of no specified width.)

A Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the Southwest Quarter of the Southeast Quarter of Section 20, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on each side of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Northeast Corner of said Southwest Quarter; thence along the east line of the Southwest Quarter on an assumed bearing of S01°57¢59”E, 183.31 feet to the Point of Beginning of said centerline; (Course One) thence S46°09¢24”W, 150.79 feet; (Course Two) thence S37°18¢33”W, 220.00 feet; (Course Three) thence S53°15¢03”W, 270.00 feet; (Course Four) thence S83°03¢23”W, 420.00 feet; (Course Five) thence S05°40¢19”W, 220.00 feet; (Course Six) thence S33°39¢13”W, 365.00 feet; (Course Seven) thence S44°54¢18”W, 170.00 feet; (Course Eight) thence N80°58¢01”W, 98.32 feet to a point on the west line of said Southwest Quarter 76.14 feet north of the Southwest Corner of said Southwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the east and west line of said Southwest Quarter.

TOGETHER WITH

A strip of land 40 feet wide in the Southwest Quarter of said Southeast Quarter, said strip lying 20 feet on each side of a sanitary sewer pipeline as laid, said centerline described as follows:

Beginning at the point of termination of Course Six as described above; thence S15°18¢20”E, 178.92 feet to a point on the south line of said Southwest Quarter 262.45 feet east of the Southwest Corner of said Southwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at said south line and at the easterly line of the above described strip.

The above described strips together contain 1.901 acres, more or less.

Tract # 23

Fee Simple Owner: Katherine L. Kirk

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A strip of land 100 feet wide in the Southeast Quarter of the Southeast Quarter of Section 20, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Northeast Corner of the Southeast Quarter of said Southeast Quarter; thence along the north line of the Southeast Quarter of said Southeast Quarter on an assumed bearing of S88°37¢29”W, 763.50 feet to the Point of Beginning of said centerline; thence S48°42¢49”W, 125.24 feet; thence S86°39¢41”W, 301.74 feet; thence S64°41¢19”W, 119.06 feet; thence S46°09¢24”W, 65.63 feet to a point on the west line of the Southeast Quarter of said Southeast Quarter 181.31 feet south of the Northwest Corner of the Southeast Quarter of said Southeast Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north and west lines of the Southeast Quarter of said Southeast Quarter, less the below described permanent utility easement and permanent greenspace and pedestrian and recreational path easement.

The above described strip contains 36,380 square feet, more or less.

A Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the Southeast Quarter of the Southeast Quarter of Section 20, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on each side of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Northeast Corner of the Southeast Quarter of said Southeast Quarter; thence along the north line of the Southeast Quarter of said Southeast Quarter on an assumed bearing of S88°37¢29”W, 763.50 feet to the Point of Beginning of said centerline; thence S48°42¢49”W, 125.24 feet; thence S86°39¢41”W, 360.00 feet; thence S46°09¢24”W, 134.21 feet to a point on the west line of the Southeast Quarter of said Southeast Quarter 183.31 feet south of the Northwest Corner of the Southeast Quarter of said Southeast Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the north and west lines of the Southeast Quarter of said Southeast Quarter.

The above described strip contains 24,778 square feet, more or less.

Tract # 37

Fee Simple Owners: Andrew A. Knox

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A strip of land 100 feet wide in the Southwest Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Northwest Corner of said Southwest Quarter; thence along the west line of said Southwest Quarter on an assumed bearing of S01°45¢02”E, 685.59 feet to the Point of Beginning of said centerline; thence N63°11¢24”E, 123.92 feet; thence N57°03¢59”E, 500.68 feet; thence N70°55¢56”E, 280.32 feet to the east line of a tract of land described and recorded in Book 564, Page 342 in the Office of the Register of Deeds in said County, said point being a perpendicular distance of 291.17 feet south of the north line of said Northwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the west and east lines of said tract; except existing East 1000 Road right-of-way from said strip less the below described permanent utility easement and permanent greenspace and pedestrian and recreational path easement.

The above described strip contains 1.208 acres, more or less.

A Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the Southwest Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on both sides of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Northwest Corner of said Southwest Quarter; thence along the west line of said Southwest Quarter on an assumed bearing of S01°45¢02”E, 696.84 feet to the Point of Beginning of said centerline; thence N63°06¢22”E, 129.22 feet; thence N57°03¢59”E, 500.00 feet; thence N70°55¢56”E, 275.98 feet to the east line of a tract of land described and recorded in Book 564, Page 342 in the Office of the Register of Deeds in said County, said point being a perpendicular distance of 301.64 feet south of the north line of said Northwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the west and east lines of said tract; except existing East 1000 Road right-of-way from said strip.

The above described strip contains 35,103 square feet, more or less.

Tract # 38

Fee Simple Owners: Blaine L. Knox & Flora A. Gonzales-Knox

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

That part of the Southwest Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, described as follows:

Commencing at the Northeast Corner of said Southwest Quarter; thence along the north line of said Southwest Quarter on an assumed bearing of S88°11¢48”W, 1227.44 feet; thence S00°52¢05”E, 20.00 feet to the south right-of-way line of North 1750 Road and being the Point of Beginning; thence along said right-of-way line S88°11¢48”W, 584.05 feet; thence S01°48¢12”E, 202.63 feet; thence N70°55¢56”E, 149.69 feet; thence N68°43¢46”E, 467.82 feet; thence N00°52¢05”W, 2.30 feet to the point of beginning.

The above described contains 1.405 acres, more or less.

ALSO:

Commencing at the Northeast Corner of said Southwest Quarter; thence along the north line of said Southwest Quarter on an assumed bearing of S88°11¢48”W, 1177.43 feet to the Point of Beginning of said centerline; thence S00°52¢05”E, 57.86 feet; thence S68°43¢46”W, 503.53 feet; thence S70°55¢56”W, 220.70 feet to a point on the east line of a tract of land described and recorded in Book 564, Page 342 in the Office of the Register of Deeds in said County, said point being a perpendicular distance of 291.17 feet south of the north line of said Southwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate and the north line of said Southwest Quarter and at the east line of said tract; except existing North 1750 Road right-of-way from said strip less the below described permanent utility easement and permanent greenspace and pedestrian and recreational path easement.

The above described strip contains 1.045 acres, more or less.

A Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement over, across, upon and under the surface of a tract of land described as follows:

Commencing at the Northeast Corner of said Southwest Quarter; thence along the north line of said Southwest Quarter on an assumed bearing of S88°11¢48”W, 1177.43 feet to the Point of Beginning of said centerline; thence S00°52¢05”E, 68.53 feet; thence S68°43¢46”W, 500.00 feet; thence S70°55¢56”W, 224.02 feet to a point on the east line of a tract of land described and recorded in Book 564, Page 342 in the Office of the Register of Deeds in said County, said point being a perpendicular distance of 301.64 feet south of the north line of said Southwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate and the north line of said Southwest Quarter and at the east line of said tract; except existing North 1750 Road right-of-way from said strip.

The above described strip contains 31,057 square feet, more or less.

Tract # 43

Fee Simple Owners: Linda C. McMaster

Ann E. Brookhart

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

A strip of land 100 feet wide in the Northwest Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Southeast Corner of said Northwest Quarter; thence along the east line of said Northwest Quarter on an assumed bearing of N01°52¢13”W, 422.45 feet to the Point of Beginning of said centerline; thence N88°40¢02”W, 427.96 feet; thence S67°38¢28”W, 463.76 feet; thence S53°01¢20”W, 384.62 feet; thence S00°02¢05”E, 61.47 feet to a point on the south line of said Northwest Quarter being 1177.43 feet west of the Southeast Corner of said Northwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the south and east line of said Northwest Quarter; except existing North 1750 Road right-of-way from said strip less the below described permanent sanitary sewer easement.

The above described strip contains 1.814 acres, more or less.

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the Northwest Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on both sides of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Southeast Corner of said Northwest Quarter; thence along the east line of said Northwest Quarter on an assumed bearing of N01°52¢13”W, 412.43 feet to the Point of Beginning of said centerline; thence N88°40¢02”W, 426.42 feet; thence S67°38¢28”W, 500.00 feet; thence S53°01¢20”W, 345.00 feet; thence S00°52¢05”E, 61.47 feet to a point on the south line of said Northwest Quarter being 1177.43 feet west of the Southeast Corner of said Northwest Quarter and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the south and east line of said Northwest Quarter; except existing North 1750 Road right-of-way from said strip.

The above described strip contains 1.202 acres, more or less.

Tract # 44

Fee Simple Owners: PERT, LC

Interests to be acquired:

A Temporary Construction Easement expiring on December 1, 2008 over, across, upon and under the surface of a tract of land described as follows:

That part of the West Half of the Northeast Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, described as follows:

Commencing at the Southwest Corner of said Northeast Quarter; thence along the south line of said Northeast Quarter on an assumed bearing of S88°11’19”E, 663.68 feet; thence N01°48¢41”W, 128.74 feet to the Point of Beginning; thence S88°19¢18”W, 133.44 feet; thence N55°01¢55”W, 226.18 feet: thence N88°19¢18”E, 314.91 feet; thence S01°40¢42”E, 135.00 feet to the point of beginning.

The above described contains 30,264 square feet, more or less.

ALSO:

A strip of land 100 feet wide in the West Half of the Northeast Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 50 feet on each side of the following described centerline:

Commencing at the Southwest Corner of said Northeast Quarter; thence along the south line of said Northeast Quarter on an assumed bearing of S88°11’19”E, 663.57 feet; thence N01°48¢41”W, 78.74 feet to the Point of Beginning of said centerline; thence S88°19¢18”W, 150.00 feet; thence N55°01¢55”W, 568.05 feet: thence N88°40¢02”W, 59.11 feet to a point on the west line of said Northeast Quarter being 422.45 feet north of said Southwest Corner and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the west line of said West Half less the below described permanent sanitary sewer easement.

The above described strip contains 1.138 acres, more or less.

(Encumbered by 3,635 square feet of existing waterline easement.)

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

A strip of land 40 feet wide in the West Half of the Northeast Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas, said strip lying 20 feet on both sides of the centerline of a sanitary sewer pipeline as laid, said centerline described as follows:

Commencing at the Southwest Corner of said Northeast Quarter; thence along the south line of said Northeast Quarter on an assumed bearing of S88°11’19”E, 593.57 feet; thence N01°48¢41”W, 78.91 feet to the Point of Beginning of said centerline; thence S88°19¢18”W, 80.00 feet; thence N55°01¢55”W, 550.00 feet: thence N88°40¢02”W, 73.58 feet to a point on the west line of said Northeast Quarter being 412.43 feet north of said Southwest Corner and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the west line of said West Half.

The above described strip contains 28,143 square feet, more or less.