December 18, 2014

First Published 12-21, 2011

ORDINANCE NO. 2385
AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF GARDNER, KANSAS, UNDER THE AUTHORITY GRANTED BY THE GARDNER, KANSAS, ZONING ORDINANCE; (Z-11-06).
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION ONE: That having received a recommendation from the Planning Commission on November 15, 2011, and proper notice having been given and hearing held as provided by law and under the authority of and subject to the provisions of the Gardner, Kansas, Zoning Ordinance, the zoning classification or districts of the lands legally described hereby are changed as follows:
The following described properties shall hereafter have a zoning classification of R-1 (Single Family Residential District), subject to the following condition of approval:
a) The rezoning shall not be valid until it has been approved by the Board of County Commissioners for Johnson County, Kansas.
CASE NO. Z-11-06
Rezoning from R-1 (Single Family Residential District) and A (Agricultural District) to R-1 (Single Family Residential District).
Legal Description:
All that part of the N1/2 of Section 25, Township 14, Range 22, now in Gardner Township, Johnson County, Kansas, more particularly described as follows:
Commencing at the Southwest corner of the NW1/4 of said Section 25; thence N 88° 15′ 23″ E, along the South line of the NW1/4 of said Section 25, and along the South line of Lot 1, BIGELOW PLACE, a subdivision of land in the City of Gardner, Johnson County, Kansas, and along the North line of PLUM CREEK ESTATES, a subdivision of land in the City of Gardner, Johnson County, Kansas, a distance of 231.00 feet, to the Southeast corner of said Lot 1, BIGELOW PLACE, said point also being the true point of beginning of subject tract; thence N 1° 59′ 47″ W, along the East line of said Lot 1, BIGELOW PLACE, a distance of 30.00 feet; thence N 88° 15′ 23″ E, along a line 30.00 feet North of and parallel with the South line of the NW 1/4 of said Section 25, a distance of 530.59 feet, to a point of curvature; thence Easterly and Northeasterly, along a curve to the left having a radius of 570.00 feet and a central angle of 56° 19′ 41″, a distance of 560.37 feet, to a point of tangency; thence N 31° 55′ 42″ E, a distance of 293.39 feet, to a point of curvature; thence Northerly and Northeasterly, along a curve to the right having a radius of 630.00 feet and a central angle of 32° 33′ 36″, a distance of 358.02 feet, to a point of compound curvature; thence Northeasterly, Easterly and Southeasterly, along a curve to the right having a radius of 1,454.00 feet, a central angle of 61° 47′ 11″ and whose initial tangent bearing is
N 64° 29′ 18″ E, a distance of 1,567.96 feet, to a point of tangency; thence S 53° 43′ 31″ E, a distance of 536.01 feet, to a point of curvature; thence Southeasterly and Easterly, along a curve to the left having a radius of 86.00 feet and a central angle of 50° 08′ 32″, a distance of 75.26 feet, to a point of reverse curvature; thence Easterly, Southeasterly and Southerly, along a curve to the right having a radius of 95.00 feet, a central angle of 94° 23′ 05″ and whose initial tangent bearing is N 76° 07′ 57″ E, a distance of 156.50 feet, to a point of reverse curvature; thence Southerly and Southeasterly, along a curve to the left having a radius of 86.00 feet, a central angle of 57° 53′ 27″ and whose initial tangent bearing is S 9° 28′ 58″ E, a distance of 86.89 feet, to a point of compound curvature; thence Southeasterly and Easterly, along a curve to the left having a radius of 570.00 feet, a central angle of 17° 44′ 02″ and whose initial tangent bearing is S 67° 22′ 25″ E, a distance of 176.42 feet, to a point on the West line of Lot 1, MOONLIGHT APARTMENTS IV, a subdivision of land in the City of Gardner, Johnson County, Kansas; thence S 2° 04′ 40″ E, along the West line of said Lot 1, MOONLIGHT APARTMENTS IV, and its Southerly extension, a distance of 33.64 feet, to a point on the South line of the NE1/4 of said Section 25; thence S 88° 25′ 02″ W, along the South line of the NE1/4 of said Section 25, and along the North line of WILLOW SPRINGS VII, a subdivision of land in the City of Gardner, Johnson County, Kansas, a distance of 1,321.66 feet, to the Center corner of said Section 25, said point also being the Northwest corner of Lot 297, of said WILLOW SPRINGS VII; thence S 88° 15′ 23″ W, along the South line of the NW1/4 of said Section 25, and along the North line of said PLUM CREEK ESTATES, a distance of 2,424.43 feet, to the true point of beginning of subject tract.
AND
All that part of the East Half of the SW1/4 of Section 25, Township 14, Range 22, now in the City of Gardner, Johnson County, Kansas, more particularly described as follows:
Commencing at the Southeast corner of the SW1/4 of said Section 25; thence N 1° 50′ 25″ W, along the East line of the SW1/4 of said Section 25, a distance of 1963.88 feet, to the true point of beginning of subject tract; thence S 88° 13′ 48″ W, a distance of 272.35 feet; thence S 8° 53′ 12″ W, a distance of 115.45 feet, to a point on the North line of Lot 133, PLUM CREEK IV, a subdivision of land now in the City of Gardner, Johnson County, Kansas; thence
N 78° 25′ 54″ W, along the North line of said PLUM CREEK IV, a distance of 174.41 feet; thence S 83° 23′ 54″ W, along the North line of said PLUM CREEK IV, a distance of 303.35 feet; thence N 88° 31′ 55″ W, along the North line of said PLUM CREEK IV, a distance of 383.27 feet; thence N 87° 22′ 24″ W, along the North line of said PLUM CREEK IV, a distance of 50.00 feet; thence Southerly, along the North line of said PLUM CREEK IV, said line being a curve to the left having a radius of 425.00 feet, a central angle of 5° 18′ 16″ and whose initial tangent bearing is S 2° 37′ 36″ W, a distance of 39.35 feet; thence S 87° 19′ 19″ W, along the North line of said PLUM CREEK IV, a distance of 128.21 feet, to the Northwest corner of Lot 120, of said PLUM CREEK IV, said point also being on the West line of the East Half of the SW1/4 of said Section 25; thence N 1° 50′ 04″ W, along the West line of the East Half of the SW1/4 of said Section 25, a distance of 806.14 feet, to the Northwest corner thereof; thence N 88° 15′ 43″ E, along the North line of the East Half of the SW1/4 of said Section 25, a distance of 1327.64 feet, to the Northeast corner thereof; thence S 1° 50′ 25″ E, along the East line of the SW1/4 of said Section 25, a distance of 690.76 feet, to the true point of beginning.
SECTION TWO: That upon the taking effect of this Ordinance, the above zoning changes shall be incorporated and shown on the Zoning District Map previously adopted by reference, and said Zoning District Map is hereby reincorporated as a part of the Zoning Ordinance as amended.
SECTION THREE: That this Ordinance shall take effect and be in force from and after its adoption by the City Council and publication in the official City Newspaper.
SECTION FOUR: That this area lies within the Airport Interest Area, and pursuant to K.S.A. 3-307e, the rezoning must have the approval of the Board of County Commissioners of Johnson County, Kansas.
PASSED and APPROVED this 5th day of December, 2011.
CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor Attest: Doreen K. Pesek, City Clerk

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