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 THE INTERSECTION OF WEST 6TH STREET (U.S. HIGHWAY 40) NORTH APPROXIMATELY 1480.99 FEET TO OVERLAND DRIVE, INCLUDING PROPERTY ACQUISITION, a right turn lane from westbound 6th Street onto northBOUND George Williams Way, BICYCLE FACILITIES, SIDEWALKS ON BOTH SIDES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES WITHIN THE PUBLIC RIGHT OF WAY, POWERLINE RELOCATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS APPURTENANT THERETO.
WHEREAS, on March 5, 2008, certain property owners filed a petition pursuant to K.S.A. 12-6a01 et seq., requesting that the Governing Body of the City of Lawrence, Kansas (the “City”) make certain improvements within the City without notice and hearing, and assess the costs of such improvements against the property described in said petition; and
WHEREAS, the Governing Body hereby finds that the petition has been signed by 100% of the owners of property to be included in the proposed improvement district; and
WHEREAS, the Governing Body hereby finds that all of the property benefited by the proposed improvement is included in the proposed improvement district; and
WHEREAS, the Governing Body hereby finds that the following improvements and the creation of the following improvement district is necessary and advisable.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. The Governing Body of the City hereby finds and determines that it is advisable to construct the following improvement, and hereby authorizes and orders the following improvements to be made in accordance with K.S.A. 12-6a01 et seq.:
(the “Improvements”).
Section 2. The estimated or probable cost of the improvements is $3,220,000 (to be increased at the pro-rata rate of 1 percent per month from and after the adoption date of this Resolution), plus costs of issuance and plus costs of interest on any temporary financing.
Section 3. The improvement district shall consist of those tracts of land legally described as follows:
TRACT 1 – MERCATO
Sojac Land Company L.C. – Plate No.U13966
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE, 386.52 FEET EAST OF THE NORTHWEST CORNER OF SAID QUARTER SECTION, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF THE SOUTH LAWRENCE TRAFFICWAY; THENCE NORTH 88°04’03” EAST, ALONG SAID NORTH LINE, 617.07 FEET TO THE NORTHEAST CORNER OF THE NORTH 30 ACRES OF THE WEST 60 ACRES OF SAID QUARTER SECTION; THENCE SOUTH 01°55’11” EAST, ALONG THE EAST LINE OF SAID NORTH 30 ACRES, 1326.31 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 88°04’19” WEST, ALONG THE SOUTH LINE OF SAID NORTH 30 ACRES, 561.08 FEET TO SAID EAST RIGHT-OF-WAY LINE, THENCE NORTH 02°42’21” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 773.59 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE ON A 4069.72 FOOT RADIUS CURVE TO THE LEFT WITH A 554.59 FOOT CHORD BEARING NORTH 06°36’46” WEST, AN ARC DISTANCE OF 555.02 FEET TO THE POINT OF BEGINNING. CONTAINS 17.519 ACRES, MORE OR LESS.
Kentucky Place L.C.et al Plate No.U13967
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 29 TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE NORTH 88°04’24”EAST ON THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 29 A DISTANCE OF 899.46 FEET FOR A POINT OF BEGINNING: THENCE NORTH 20°43’49”EAST A DISTANCE OF 162.41 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF KANSAS HIGHWAY # 10 (SOUTH LAWRENCE TRAFFICWAY); THENCE NORTH 14°23’48”WEST ON SAID RIGHT-OF-WAY LINE OF KANSAS HIGHWAY # 10 ( SOUTH LAWRENCE TRAFFICWAY), A DISTANCE OF 253.46 FEET; THENCE NORTH 32°50’50”WEST ON SAID RIGHT-OF-WAY LINE OF KANSAS HIGHWAY # 10 (SOUTH LAWRENCE TRAFFICWAY), A DISTANCE OF 896.17 FEET; THENCE NORTH 02°42’21”WEST ON SAID RIGHT-OF-WAY LINE OF KANSAS HIGHWAY # 10 (SOUTH LAWRENCE TRAFFICWAY), A DISTANCE OF 160.18 FEET TO THE NORTH LINE OF THE SOUTH ONE-HALF (S ½) OF THE WEST 60 ACRES OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 29; THENCE NORTH 88°04’03”EAST ON THE NORTH LINE OF THE SOUTH ONE-HALF (S ½) OF THE WEST 60 ACRES OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 29, TO WEST LINE OF THE EAST 100 ACRES OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 29;THENCE SOUTH ON THE WEST LINE OF THE EAST 100 ACRES OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 29 TO THE SOUTHWEST CORNER OF THE EAST 100 ACRES OF THE SOUTHWEST QUARTER, THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 29 TO THE POINT OF BEGINNING, ALL IN DOUGLAS COUNTY, KANSAS
TRACT 2 – ROOT L.C. (GRAHAM) - Plate No. U13968A
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE, 344.49 FEET NORTH OF THE SOUTHWEST CORNER OF SAID QUARTER SECTION, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF US 40; THENCE NORTH 01°59’09” WEST, ALONG SAID WEST LINE, 345.51 FEET; THENCE NORTH 88°04’34” EAST, 407.83 FEET; THENCE SOUTH 02°01’38” EAST, 615.00 FEET TO SAID NORTH LINE OF WEST 6TH STREET; THENCE SOUTH 88°04’34” WEST, ALONG SAID NORTH LINE, 326.87 FEET; THENCE NORTH 43°30’56” WEST, ALONG SAID NORTH LINE, 44.48 FEET; THENCE NORTH 02°27’00” WEST, ALONG SAID NORTH LINE, 236.29 FEET; THENCE SOUTH 88°00’51” WEST, ALONG SAID NORTH LINE, 50.00 FEET TO THE POINT OF BEGINNING. LESS THE DEDICATION OF RIGHT OF WAY RECORDED AT THE DOUGLAS COUNTY REGISTER OF DEEDS AT BOOK 889, PAGE 31 SAID AREA CONTAINS 4.91 ACRES, MORE OR LESS.
TRACT 3 – OREGON TRAIL HOLDINGS, L.C. Plate No. U13968-001 through U13968-0125 excluding U13968-070 and -071
Lots 1-9 , Block 1; Lots 1-13, Block 2; Lots 1-47, Block 3; Lots 1-14, Block 4; Lots 1-19 Block 5; Lots 1-10 Block 6; Lots 1-11, Block 7 of the Oregon Trail Subdivision, located in the southeast quarter of section 29 south, range 19 east of the 6th P.M. in the City of Lawrence , Douglas County Kansas
Section 4. The method of assessment shall be:
Property in the district located east of George Williams Way shall be assessed for 50% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located east of George Williams Way to the entire front footage of George Williams Way in the district. Such assessments shall be spread on a square footage basis thereafter.
Property in the district located west of George Williams Way shall be assessed for 50% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located west of George Williams Way to the entire front footage of George Williams Way in the district. Such assessments shall be spread on a square footage basis thereafter.
Section 5. The apportionment of costs shall be: One hundred percent (100%) of the cost of the improvement shall be paid by the improvement district except that the City-at-large shall pay $200,000 and the improvement district shall pay all costs in excess of the $200,000.
Section 6. Pursuant to K.S.A. 12-692, the Governing Body hereby exempts from special assessments related to acquisition of property necessary for the Improvements, certain property which the owner or owners or predecessors in title to which have dedicated or conveyed property necessary for the Improvements. It is the intent of the Governing Body to require properties that have not dedicated the necessary property for the Improvements to bear the cost of acquiring such property.
Section 7. The City may adopt an ordinance establishing the maximum amount of special assessments prior to construction of the Improvements, all as provided by K.S.A. 12-6a09, as amended.
Section 8. The City expects to make capital expenditures on and after the date of adoption of this Resolution in connection with the Improvements, and intends to reimburse itself for such expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the City in the estimated maximum principal amount of $3,220,000.(to be increased at the pro-rata rate of 1 percent per month from and after the date of adoption of this Resolution) plus costs of issuance and plus interest on any temporary financing.
Section 9. The City Clerk shall record this Resolution in the real estate records of Douglas County, Kansas.
Section 10. This Resolution shall become effective upon its publication once in the official City newspaper.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of
___________, 2008.
PASSED:
______________________________
Sue Hack, Mayor
ATTEST:
____________________________
Frank S. Reeb, City Clerk
Approved as to form and legality
__________________________
Toni Ramirez Wheeler
Legal description approved by:
______________________________
Charles F. Soules, P.E.
Director of Public Works