ORDINANCE NO.  8594

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ANNEXING PROPERTY INTO THE CITY OF LAWRENCE, KANSAS PURSUANT TO K.S.A. 12-519 ET SEQ.

WHEREAS, On November 9, 2010 the Governing Body of the City of Lawrence, Kansas adopted Resolution No. 6910, requesting that the Board of County Commissioners of Douglas County, Kansas make certain findings pursuant to K.S.A. 12-520c; and

WHEREAS, On November 17 and December 1, 2010, the Board of County Commissioners of Douglas County, Kansas considered the annexation requested by the City of Lawrence, Kansas in Resolution No. 6910; and

WHEREAS, On December 8, 2010, the Board of County Commissioners of Douglas County, Kansas, adopted Resolution No. 10-29 finding, pursuant to K.S.A. 12-520c, that the annexation of the property, described in Section Two below, by the City of Lawrence will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County and notified the City of Lawrence of their findings.

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

SECTION ONE:  The Governing Body finds that the property in Section Two of this ordinance qualifies for annexation pursuant to State law.  The Governing Body further finds that Resolution No. 6910 requested that the Board of County Commissioners of Douglas County, Kansas find and determine that the requested annexation will not hinder or prevent the proper growth and development of the area or that of any incorporated city located in Douglas County, Kansas all pursuant to K.S.A. 12-520c.  The Governing Body finds that the Board of County Commissioners made lawful findings pursuant to K.S.A. 12-520c.

SECTION TWO:  The following described property is hereby annexed into and made part of the City of Lawrence, Kansas to-wit:

A tract of land located in the Northeast Quarter (NE¼) of Section Twenty (20), Township Twelve South (T12S), Range Nineteen East (R19E) of the 6th P.M., Douglas County, Kansas, more particularly described as follows: Beginning at the Northeast corner of the Northeast Quarter (NE¼); thence South 0°04'49" West a distance of 820.62 feet, said point being on the East line of the Northeast Quarter (NE¼) and the Northerly right-of-way of the Kansas Turnpike; thence North 89°01'11" West a distance of 1,011.18 feet, said point being on the Northerly right-of-way of the Kansas Turnpike and the beginning of a radial curve to the left having a delta angle of 12°15'51", a radius of 7,789.49 feet and a chord bearing South 84°50'53" West a distance of 1,664.17 feet and an arc length of 1,667.34 feet, said point being on the Northerly right-of-way of the Kansas turnpike and on the West line of the Northeast Quarter (NE¼); thence North 0°13'10" West a distance of 951.56 feet, said point being the Northwest corner of the Northeast Quarter (NE¼); thence North 89°58'27" East a distance of 2,673.27 feet to the point of beginning, containing 51.13 acres more or less, less road right-of-way and easements of record granted to Douglas County and the Kansas Turnpike Authority.

SECTION THREE:  Building permits may be issued for the property described in Section Two if the City of Lawrence, Kansas reasonably determines that either City water or City sanitary sewer service is not required to serve the use or uses on the property, the uses being those that can be served by rural water or on-site sanitary sewer management systems (including, but not limited to, sewage storage tanks).

SECTION FOUR:  The owner of the property described in Section Two shall execute an agreement not to protest the future annexation of any adjacent rights-of-way or roadway easements.

SECTION FIVE:  The City Clerk shall file a certified copy of this ordinance with the County Clerk, the Register of Deeds and the County Election Commissioner of Douglas County, Kansas

SECTION SIX:  Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION SEVEN:  This ordinance shall take effect and be in force from and after its passage and publication as provided by law.

Passed by the Governing Body this _________ day of December, 2010.

APPROVED:

_______________________________________

Mike Amyx, Mayor

ATTEST:

_______________________________________

Jonathan Douglass, City Clerk

 APPROVED AS TO FORM AND LEGALITY:

_______________________________________

Toni Ramirez Wheeler, Director of the Legal Department

Approved as to closure of the legal description:

_______________________________________

Charles F. Soules, Director of Public Works

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.