September 18, 2014

Legal Notice

ORDINANCE NO. 2446

AN ORDINANCE LEVYING AND ASSESSING SPECIAL ASSESSMENTS ON CERTAIN LOTS, PIECES AND PARCELS OF LAND LIABLE FOR SUCH SPECIAL ASSESSMENTS TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN THE CITY OF GARDNER, KANSAS (USD 231 SCHOOL CAMPUS).
WHEREAS, pursuant to Resolution No. 2446 adopted on March 3, 2014, of the City of Gardner, Kansas (the “City”), the City authorized the creation of an improvement district and the construction of the following improvements (the “Improvements”):
Street improvements including the engineering, inspection and construction of Grand Street, with a minimum right-of-way width of sixty (60) feet, from the point where it currently terminates east of its intersection with Plum Creek Drive, to Cedar Street with geometric, related sidewalk and bike/trail improvements, traffic signal improvements at the existing intersection of Grand Street with Moonlight Road, and, if recommended by the City’s engineer, traffic signal improvements at the existing intersection of Grand Street with Center Street, and all related appurtenances.

Sanitary sewer improvements including the engineering, inspection and construction of a new 10-inch/12-inch sanitary sewer line between the proposed improvement district described in the amended petition and the existing City sanitary sewer line on the south side of the BNSF railroad tracks and all related appurtenances.

Water improvements including the engineering, inspection and construction of a waterline along the new alignment of Grand Street and at other locations, as required, to provide adequate service to the proposed improvement district described in the amended petition and all related appurtenances.

WHEREAS, the City has determined the final amount of assessment against each lot, piece or parcel of land deemed to be benefited by the Improvements based on the final cost of the Improvements and the owners of all property liable for the costs of the Improvements have waived the statutory requirement for a public hearing on the proposed special assessments to be levied against property in the improvement district for the cost of construction of the Improvements and have consented to the levy of such assessments without further notice or the establishment of a prepayment period;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION 1. Pursuant to K.S.A. 12-6a01 et seq. (the “Act”), special assessments to pay the costs of the Improvements are hereby levied and assessed against the lots, pieces and parcels of land liable therefor as described in Exhibit A to this Ordinance, which is incorporated herein by reference, and in the amounts set as forth on Exhibit A following the description of each lot, piece or parcel of land.
SECTION 2. The amounts so levied and assessed shall be due and payable from and after the date of publication of this Ordinance and such assessments will be levied concurrently with general taxes and be payable in 15 annual installments.
SECTION 3. The City Clerk shall certify to the County Clerk, in the same manner and at the same time as other taxes are certified, for a period of 15 years, all of the assessments, together with interest on such amount thereof at a rate not exceeding the maximum rate as prescribed by the laws of the State of Kansas; and such amounts shall be placed on the tax rolls and collected as other taxes are collected, the levy for each year being a portion of the principal amount of the assessment plus one year’s interest on the amount remaining unpaid.
SECTION 4. This Ordinance shall take effect and be in force from and after its publication once in the official City newspaper.
PASSED by the Governing Body of the City of Gardner, Kansas, and approved by the Mayor on March 3, 2014.
(Seal) __/s/Chris Morrow____
Mayor

ATTEST:
/s/Kimberly D. LeRoy__
City Clerk

EXHIBIT A
GARDNER EDGERTON ES/MS CAMPUS
BENEFIT DISTRICT

Amount of assessment: $1,975,000

Legal description of property to be assessed:

All of Lot 1, GARDNER EDGERTON ES/MS CAMPUS, and all that part of Grand Street right- of-way lying adjacent thereto, all in Section 25, Township 14, Range 22, now in the City of Gardner, Johnson County, Kansas, more particularly described as follows:

Commencing at the West Quarter corner 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, and along the North right-of-way line of said Grand Street, a distance of 530.59 feet, to a point of curvature; thence Easterly and Northeasterly, along the North right-of-way line of said Grand Street, 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, along the North right-of-way line of said Grand Street, a distance of 293.39 feet, to a point of curvature; thence Northerly and Northeasterly, along the North right-of-way line of said Grand Street, 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 the North right-of-way line of said Grand Street, 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, along the North right-of-way line of said Grand Street, a distance of 536.01 feet, to a point of curvature; thence Southeasterly and Easterly, along the North right-of-way line of said Grand Street, 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 the North right-of-way line of said Grand Street, 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 the North right-of-way line of said Grand Street, 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 the North right-of-way line of said Grand Street, 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, along the South right-of-way line of said Grand Street, and along the North line of WILLOW SPRINGS VII, a subdivision of land in the City of Gardner, Johnson County, Kansas, a distance of 143.92 feet, to the Easternmost corner of Tract A, of said GARDNER EDGERTON ES/MS CAMPUS; thence Northwesterly along the North line of said Tract A, being a curve to the right, having a radius of 635.00 feet, a central angle of 4° 58’ 19” and whose initial tangent bearing is N 72° 28’ 16” W, a distance of 55.10 feet, to a point of reverse curvature; thence Northwesterly along the North line of said Tract A, being a curve to the left having a radius of 1000.00 feet, a central angle of 3° 50’ 20” and whose initial tangent bearing is N 67° 29’ 57” W, a distance of 67.00 feet, to a point of compound curvature; thence Northwesterly, Westerly and Southwesterly, along the North line of said Tract A, being a curve to the left having a radius of 55.00 feet, a central angle of 66° 13’ 58” and whose initial tangent bearing is N 71° 20’ 16” W, a distance of 92.38 feet, to a point of compound curvature; thence Southerly along the West line of said Tract A, being a curve to the left having a radius of 30.00 feet, a central angle of 14° 00’ 44” and whose initial tangent bearing is S 12° 25’ 45” W, a distance of 7.34 feet, to a point on the South line of the NE1/4 of said Section 25, and the North line of said WILLOW SPRINGS VII; thence S 88° 25′ 02” W, along the Easterly extension of the South line of Lot 1, said GARDNER EDGERTON ES/MS CAMPUS, and along the South line of the NE1/4 of said Section 25, and along the North line of WILLOW SPRINGS VII, a distance of 991.20 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 1° 50′ 25” E, along the East line of the SW1/4 of said Section 25, and the East line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and the West line of said WILLOW SPRINGS VII, a distance of 690.69 feet; thence S 88° 13′ 48” W, along the South line of said Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 272.35 feet; thence S 8° 53′ 12” W, along the South line of said Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, 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 South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and along the North line of said PLUM CREEK IV, a distance of 174.49 feet; thence S 83° 23′ 54” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and along the North line of said PLUM CREEK IV, a distance of 303.35 feet; thence N 88° 31′ 55” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS and along the North line of said PLUM CREEK IV, a distance of 383.27 feet; thence N 87° 22′ 24” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and along the North line of said PLUM CREEK IV, a distance of 50.00 feet; thence N 87° 22’ 24” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 96.97 feet; thence N 2° 41’ 25” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 349.74 feet; thence N 14° 02’ 53” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 35.64 feet; thence N 1° 50’ 04” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 60.40 feet; thence N 80° 12’ 00” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 20.42 feet, to the Southeast corner of Lot 25, said PLUM CREEK ESTATES, 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, and along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, also being the East line of said PLUM CREEK ESTATES, a distance of 308.13 feet, to the Northwest corner of the East Half of the SW1/4 of said Section 25, said point also being on the North line of Grand Street, as now established; thence S 88° 15′ 23” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS and its Westerly extension, and along the South line of the NW1/4 of said Section 25, also being the North line of said PLUM CREEK ESTATES, and along the South line of said Grand Street, a distance of 1,096.71 feet, to the true point of beginning of subject tract, containing 2,717,138 square feet, equal to 62.377 acres, more or less.

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