58-2613
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF DOUGLAS COUNTY, KANSAS
IN THE MATTER OF THE VACATION OF THAT CERTAIN PERMANENT GREENSPACE AND PEDESTRIAN AND RECREATIONAL PATH EASEMENT LOCATED ON, UPON, UNDER, OVER AND THROUGH PORTIONS OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6th P.M.; AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6th P.M., ALL IN DOUGLAS COUNTY, KANSAS
PETITION
COMES NOW, the undersigned and petition the Board of County Commissioners of Douglas County, Kansas, for an order vacating the Permanent Greenspace and Pedestrian and Recreational Path Easement which was created as a part of that Certain Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement dated April 15, 2008, and recorded in Book 1035, Page 5207, Office of the Register of Deeds, Douglas County, Kansas, a copy of the amendment being attached hereto as Exhibit A together with that certain Permanent Utility Easement and Permanence Greenspace and Pedestrian and Recreational Path Easement dated December 18, 2007, and recorded January 4, 2008, in Book 1031, Page 4269, Office of the Register of Deeds, Douglas County, Kansas, a copy of which is attached hereto as Exhibit B.
IN SUPPORT OF THEIR PETITION, the undersigned state and allege as follows;
1. That the petitioners, other than the City of Lawrence, Kansas, are the fee owners of the real estate located in Douglas County, Kansas, upon which, and adjacent on both sides to, those portions of the Permanent Utility Easements and Permanent Greenspace and Pedestrian and Recreational Path Easements sought to be vacated are located. That the petitioner, City of Lawrence, Kansas, was, and so remains, the Grantee of the easements described in Exhibits A and B, hereto.
2. That the Permanent Utility Easements, which are a part of the Permanent Utility Easements and Permanent Greenspace and Pedestrian and Recreational Path Easements, Exhibits A and B hereto, are to remain in full force and effect, notwithstanding the vacation of the Permanent Greenspace and Pedestrian and Recreational Path Easement.
3. That this petition is made pursuant to the authority of K.S.A 58-2613, et seq.,
4. That no private rights will be injured or endangered by such vacation.
5. That the public will suffer no loss or inconvenience by said vacation.
6. That the Order of Vacation should reserve unto Douglas County, Kansas the City of Lawrence, Kansas, and the owners of any lesser property rights for all public service utilities, right-of-ways and easements for all public service facilities now in existence and use.
WHEREFORE, the petitioners pray that the Board of County Commissioners of Douglas County, Kansas, after due and legal notice and a public hearing, order the vacation of that certain Permanent Greenspace and Pedestrian and recreational Path Easement which was created as a part of the Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement, Exhibits A and B hereto, and described as follows, to-wit;
Tract A
A strip of land 40 feet wide in the Northeast 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 Southeast Quarter; thence along the east line of said Southeast Quarter on an assumed bearing of S01ฐ4502E, 696.84 feet to the Point of Beginning of said centerline; thence S63ฐ0622W, 80.78 feet; thence S64ฐ5340W, 420.00 feet; thence S22ฐ5826W, 305.00 feet; thence S48ฐ4249W, 229.76 feet to a point on the south line of the Northeast Quarter of said Southeast Quarter 763.50 feet west of the Southeast Corner of said Northeast 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 lines of said Northeast Quarter; except existing East 1000 Road right-of-way from said strip.
The above described strip contains 39,908 square feet, more or less.
Tract B
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 S01ฐ5759E, 183.31 feet to the Point of Beginning of said centerline; (Course One) thence S46ฐ0924W, 150.79 feet; (Course Two) thence S37ฐ1833W, 220.00 feet; (Course Three) thence S53ฐ1503W, 270.00 feet; (Course Four) thence S83ฐ0323W, 420.00 feet; (Course Five) thence S05ฐ4019W, 220.00 feet; (Course Six) thence S33ฐ3913W, 365.00 feet; (Course Seven) thence S44ฐ5418W, 170.00 feet; (Course Eight) thence N80ฐ5801W, 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 S16ฐ5927E, 180.26 feet to a point on the south line of said Southwest Quarter 267.90 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 1.903 acres, more or less.
It is further prayed that the Permanent Utility Easement portion of the above-described Permanent Utility Easement and Permanent Greenspace and Pedestrian and Recreational Path Easement, set forth and described in Exhibits A and B hereto, remain in full force and effect, notwithstanding, the vacation of the Permanent Greenspace and Pedestrian and Recreational Path Easement.
Rebecca J. Finney
Revocable Trust
Dated March 26, 1993
By: __________________________
Rebecca J. Finney
Compton Farms LLC
By: __________________________
Douglas J. Compton,
Manager
City of Lawrence, Kansas
a Municipal Corporation
By: __________________________
Mike Amyx,
Mayor