ORDINANCE NO. 8556
AN ORDINANCE AMENDING SECTION TWO OF RESOLUTION NO. 6803 AND SECTION ONE OF ORDINANCE NO. 8351 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 A RIGHT TURN LANE ALONG NORTHBOUND STONERIDGE DRIVE AT THE INTERSECTION OF STONERIDGE DRIVE AND KELLY DRIVE, INCLUDING PROPERTY ACQUISITION, BICYCLE FACILITIES, SIDEWALKS ON BOTH SIDES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES WITHIN THE PUBLIC RIGHT OF WAY, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6803. (Project #PW0825)
WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6803 authorized the following improvements (the Improvements):
The construction of a right turn lane along northbound Stoneridge Drive at the intersection of Stoneridge Drive and Kelly Drive, including property acquisition, bicycle facilities, sidewalks on both sides, subgrade stabilization, stormwater improvements, waterlines within the public right of way, and other necessary and appropriate improvements; and
WHEREAS, Resolution No. 6803 established that the Improvements may 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; and
WHEREAS, the Governing Body has determined that the total maximum cost of the improvements is thirty two thousand dollars ($32,000.00), of which one hundred percent (100%) shall be assessed to the hereinafter described, lots, pieces, parcels and tracts of ground specially benefitted thereby and zero percent (0%) shall be paid by the City at large; 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 25th day of November, 2008 to consider the proposed maximum assessments and after the hearing was closed, authorization was given to prepare a maximum assessment ordinance for consideration; and
WHEREAS, on November 25, 2008 the Governing Body adopted Ordinance No. 8351 levying such assessments against the property described therein; and
WHEREAS, after the construction of the Improvements was complete, the total cost of such Improvements exceeded the amount set forth in Ordinance No. 8351; and
WHEREAS, the owner of 100% of the property liable for the assessments has signed a waiver consenting to the increased cost of the Improvements and further consenting to the amendment of Resolution 6803 and Ordinance No. 8351 to increase the amount of the assessments to be levied against such property.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: Section 2 of Resolution No. 6803 is hereby amended as follows:
Section 2. The estimated or probable cost of the Improvements is $37,272.05.
SECTION TWO: Section One of Ordinance No. 8351 is hereby amended as follows:
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, in the City of Lawrence, Douglas County, Kansas as follows:
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Plate No. |
Property Owner & Legal Description |
Maximum Assessment |
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Tract No. 1 |
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$37,272.05 |
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U13970A |
PEAR TREE VILLAGE, LP |
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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°0138 WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 982.13 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°0408 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°0408 EAST, ALONG SAID EAST LINE, 807.31 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE SOUTH 87°5520 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET; THENCE SOUTH 02°0240 EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 134.51 FEET; THENCE SOUTH 00°0604 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 39.59 FEET; THENCE SOUTH 04°3131 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 238.54 FEET; THENCE SOUTH 42°4040 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 46.72 FEET; THENCE SOUTH 88°0434 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1167.98 FEET; THENCE NORTH 46°2855 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 42.08 FEET; THENCE NORTH 02°1130 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 239.58 FEET; THENCE SOUTH 87°5801 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.
SECTION THREE: The City Clerk shall record this Ordinance in the real estate records of Douglas County, Kansas.
SECTION FOUR: 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 _____ DAY OF ______________ 2010.
APPROVED:
__________________________
Mike Amyx, Mayor
ATTEST:
__________________________________________
Jonathan Douglass, 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