RESOLUTION NO. 09-27-18B

A RESOLUTION PURSUANT TO K.S.A. 26-201 SETTING FORTH THE NECESSITY FOR CONDEMNATION OF PRIVATE PROPERTY AND AUTHORIZING PREPARATION OF A SURVEY AND LEGAL DESCRIPTIONS OF THE PROPERTY TO BE CONDEMNED

WHEREAS, K.S.A. 26-201 authorizes a City to acquire by condemnation any interest in real property when it is deemed necessary, for use by the City, by the governing body of the City; and

WHEREAS, the City is constructing Homestead Lane/207th Street Project and associated improvements (hereinafter “Project”) within the City and Johnson County, Kansas and the proposed location of said Project is generally located along Homestead Lane (Interstate 35 to 207th Street) and 207th Street (from Homestead Lane to Waverly Road); and

WHEREAS, in order to complete the Project, the City needs to obtain rights-of-way, permanent easements and temporary construction easements, across property along Homestead Lane (Interstate 35 to 207th Street) and 207th Street (from Homestead Lane to Waverly Road) within the City and Johnson County, Kansas; and

WHEREAS, the City has attempted, and will continue to attempt, to negotiate with the private landowners for the rights-of-way and easements needed for the Project but to date such negotiations have been unsuccessful.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Edgerton, Kansas:

SECTION 1: That pursuant to K.S.A. 26-201, the City declares that the easements are necessary for the Project.

SECTION 2: The locations of the temporary and permanent easements needed are generally located Homestead Lane (Interstate 35 to 207th Street) and 207th Street (from Homestead Lane to Waverly Road) within the City of Edgerton, Johnson County, Kansas, and Johnson County, Kansas are more specifically described below.

Tract 8: 32105 W. 207th Street

Permanent Roadway Right-of-Way
All that part of the Northwest Quarter of Section 15, Township 15 South, Range 22 East, Johnson County, Kansas, being described as follows:

Commencing at the Northeast corner of said Northwest Quarter; thence South 88°11’14” West, along the North line thereof, a distance of 406.00 feet to the Northeast corner of the property described in a Kansas General Warranty Deed filed with the Johnson County Register of Deeds in Book 6886 at Page 708, said point being the Point of Beginning; thence continuing South 88°11’14” West, along the North line of said Northwest Quarter, a distance of 330.00 feet to the Northwest corner of the property described in said Kansas General Warranty Deed; thence South 01°48’46” East, along the West line of the property described in said Kansas General Warranty Deed, a distance of 60.00 feet to a point on the South line of the North 60.00 feet of said Northwest Quarter; thence North 88°11’14” East, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 330.50 feet to the intersection with the East line of the property described in said Kansas General Warranty Deed; thence North 02°17’47” West, along the East line of the property described in said Kansas General Warranty Deed, a distance of 60.00 feet to the Point of Beginning. Subject to all that part thereof in the North 20.00 feet in existing roadway right-of-way of W. 207th Street.

Containing 13,213 square feet or 0.30 acres, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Temporary Construction Easement
All that part of the Northwest Quarter of Section 15, Township 15 South, Range 22 East, Johnson County, Kansas, being described as follows:

Commencing at the Northeast corner of said Northwest Quarter; thence South 88°11’14” West, along the North line thereof, a distance of 406.00 feet to the Northeast corner of the property described in a Kansas General Warranty Deed filed with the Johnson County, Kansas Register of Deeds in Book 6886 at Page 708; thence South 02°17’47” East, along the East line of the property described in said Kansas General Warranty Deed, a distance of 60.00 feet to a point on the South line of the North 60.00 feet of said Northwest Quarter, said point being the Point of Beginning; thence South 88°11’14” West, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 104.28 feet; thence South 39°30’12” East a distance of 67.83 feet to a point on the South line of the North 113.67 feet of said Northwest Quarter; thence North 88°11’14” East, along the South line of the North 113.67 feet of said Northwest Quarter, a distance of 59.14 feet; thence North 18°44’08” East, departing the South line of the North 113.67 feet of said Northwest Quarter, a distance of 11.48 feet to a point on the East line of the property described in said Kansas General Warranty Deed; thence North 02°17’47” West, along the East line of the property described in said Kansas General Warranty Deed, a distance of 42.92 feet to the Point of Beginning.

Containing 4,474 square feet or 0.10 acres, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Tract 9: 31951 W. 207th Street

Permanent Roadway Right-of-Way
All of the North 60.00 feet of the East 406.00 feet of the Northwest Quarter of Section 15, Township 15 South, Range 22 East, Johnson County, Kansas. Subject to all that part thereof in the North 20.00 feet in existing roadway right-of-way of W. 207th Street.

Containing 16,240 square feet or 0.37 acres, more or less.

Permanent Drainage Easement
All that part of the Northwest Quarter of Section 15, Township 15 South, Range 22 East, in Johnson County, Kansas, being described as follows:

Commencing at the Northeast corner of said Northwest Quarter; thence South 02°17’46” East, along the East line thereof, a distance of 60.00 feet to a point on the South line of the North 60.00 feet of said Northwest Quarter; thence South 88°11’14” West, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 299.46 feet to the Point of Beginning; thence continuing South 88°11’14” West, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 15.06 feet; thence South 06°45’49” East, departing the South line of the North 60.00 feet of said Northwest Quarter, a distance of 19.71 feet; thence North 83°14’11” East a distance of 15.00 feet; thence North 06°45’49” West a distance of 18.42 feet to the Point of Beginning.

Containing 286 square feet, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Temporary Construction Easement

All those parts of the Northwest Quarter of Section 15, Township 15 South, Range 22 East, Johnson County, Kansas, being described as follows:

TCE 1: Commencing at the Northeast corner of said Northwest Quarter; thence South 02°17’46” East, along the East line thereof, a distance of 60.00 feet to the Point of Beginning; thence continuing South 02°17’46” East, along the East line of said Northwest Quarter, a distance of 50.00 feet to a point on the South line of the North 110.00 feet thereof; thence South 88°11’14” West, along the South line of the North 110.00 feet of said Northwest Quarter, a distance of 37.89 feet; thence North 34°50’32” West, departing the South line of the North 110.00 feet of said Northwest Quarter, a distance of 59.64 feet to a point on the South line of the North 60.00 feet thereof; thence North 88°11’14” East, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 69.98 feet to the Point of Beginning.

Containing 2,697 square feet or 0.06 acres, more or less.

TCE 2: Commencing at the Northeast corner of said Northwest Quarter; thence South 02°17’46” East, along the East line thereof, a distance of 60.00 feet to a point on the South line of the North 60.00 feet of said Northwest Quarter; thence South 88°11’14” West, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 138.76 feet to the Point of Beginning; thence continuing South 88°11’14” West, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 160.70 feet; thence South 06°45’49” East, departing the South line of the North 60.00 feet of said Northwest Quarter, a distance of 18.42 feet; thence South 83°14’11” West a distance of 15.00 feet; thence North 06°45’49” West a distance of 19.71 feet to a point on the South line of the North 60.00 feet of said Northwest Quarter; thence South 88°11’14” West, along the South line of the North 60.00 feet of said Northwest Quarter, a distance of 91.49 feet to a point on the West line of the property described in a Joint Tenancy Warranty Deed filed with the Johnson County, Kansas Register of Deeds in Volume 3832 at Page 250; thence South 02°17’47” East, along the West line of the property described in said Joint Tenancy Warranty Deed, a distance of 42.92 feet; thence North 18°44’08” East, departing the West line of the property described in said Joint Tenancy Warranty Deed, a distance of 40.65 feet; thence South 84°04’57” East a distance of 71.23 feet; thence South 06°45’49” East a distance of 87.17 feet; thence North 83°14’11” East a distance of 30.00 feet; thence North 06°45’49” West a distance of 75.52 feet; thence North 79°21’53” East a distance of 152.95 feet to the Point of Beginning. Containing 5,542 square feet or 0.13 acres, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Tract 10: 31881 W. 207th Street

Permanent Roadway Right-of-Way
All of the North 20.00 feet of Lot 1, HI-ACRES SUBDIVISION, a subdivision of record situate in Johnson County, Kansas.

Containing 32,314 square feet or 0.74 acres, more or less.

Permanent Drainage Easement

All those parts of Lot 1, HI-ACRES SUBDIVISION, a subdivision of record situate in Johnson County, Kansas, being described as follows:

PDE 1: Commencing at the North end of the Westernmost line of said Lot 1; thence South 02°17’46” East, along the Westernmost line thereof, a distance of 20.00 feet to a point on the South line of the North 20.00 feet of said Lot 1; thence North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 327.75 feet to the Point of Beginning; thence continuing North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 1.77 feet to a point on the North line thereof, said line being the same as the West line of the unplatted property described in a General Warranty Deed filed with the Johnson County, Kansas Register of Deeds in Book 201507 at Page 009730; thence South 01°50’01” East, continuing along the North line of said Lot 1, a distance of 22.35 feet; thence North 67°06’20” West, departing the North line of said Lot 1, a distance of 10.96 feet; thence North 22°53’40” East a distance of 19.56 feet to the Point of Beginning. Containing 127 square feet, more or less.

PDE 2: Commencing at the Northernmost end of the line common between Lot 1 and Lot 2, HI-ACRES SUBDIVISION; thence South 01°50’01” East, along said line common between Lots 1 and 2, a distance of 20.00 feet to a point on the South line of the North 20.00 feet of said Lot 1; thence North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 407.81 feet to the Point of Beginning; thence continuing North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 24.67 feet; thence South 49°38’56” West, departing the South line of the North 20.00 feet of said Lot 1, a distance of 35.30 feet; thence North 40°21’04” West a distance of 15.36 feet; thence North 49°38’56” East a distance of 16.00 feet to the Point of Beginning. Containing 394 square feet, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Temporary Construction Easement

All those parts of Lot 1, HI-ACRES SUBDIVISION, a subdivision of record situate in Johnson County, Kansas, being described as follows:

TCE 1: Commencing at the North end of the Westernmost line of said Lot 1; thence South 02°17’46” East, along the Westernmost line thereof, a distance of 20.00 feet to the Point of Beginning; thence continuing South 02°17’46” East, along the Westernmost line of said Lot 1, a distance of 50.00 feet to a point on the South line of the North 70.00 feet thereof; thence North 88°09’59” East, along the South line of the North 70.00 feet of said Lot 1, a distance of 48.63 feet; thence North 32°52’07” East, departing the South line of the North 70.00 feet of said Lot 1, a distance of 60.82 feet to a point on the South line of the North 20.00 feet thereof; thence South 88°09’59” West, along the South line of the North 20.00 feet of said Lot 1, a distance of 83.66 feet to the Point of Beginning. Containing 3,307 square feet or 0.08 acres, more or less.

TCE 2: Commencing at the North end of the Westernmost line of said Lot 1; thence South 02°17’46” East, along the Westernmost line thereof, a distance of 20.00 feet to a point on the South line of the North 20.00 feet of said Lot 1; thence North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 223.79 feet to the Point of Beginning; thence continuing North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 103.95 feet; thence South 22°53’40” West, departing the South line of the North 20.00 feet of said Lot 1, a distance of 19.56 feet; thence South 67°06’20” East a distance of 10.96 feet to a point on the North line of said Lot 1, said line being the same as the West line of the unplatted property described in a General Warranty Deed filed with the Johnson County, Kansas Register of Deeds in Book 201507 at Page 009730; thence South 01°50’01” East, continuing along the North line of said Lot 1, a distance of 27.60 feet; thence South 22°53’40” West, departing the North line of said Lot 1, a distance of 56.24 feet; thence North 67°06’20” West a distance of 30.00 feet; thence North 22°53’40” East a distance of 84.56 feet; thence North 84°27’59” West a distance of 91.07 feet to the Point of Beginning. Containing 2,987 square feet or 0.07 acres, more or less.

TCE 3: Commencing at the Northernmost end of the line common between Lot 1 and Lot 2, HI-ACRES SUBDIVISION; thence South 01°50’01” East, along said line common between Lots 1 and 2, a distance of 20.00 feet to a point on the South line of the North 20.00 feet of said Lot 1; thence North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 396.35 feet to the Point of Beginning; thence continuing North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 11.46 feet; thence South 49°38’56” West, departing the South line of the North 20.00 feet of said Lot 1, a distance of 16.00 feet; thence South 40°21’04” East a distance of 15.36 feet; thence North 49°38’56” East a distance of 35.30 feet to a point on the South line of the North 20.00 feet of said Lot 1; thence North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 1, a distance of 12.04 feet; thence South 49°38’56” West, departing the South line of the North 20.00 feet of said Lot 1, a distance of 163.09 feet; thence North 40°05’21” West a distance of 30.00 feet; thence North 49°38’56” East a distance of 125.26 feet to the Point of Beginning. Containing 3,931 square feet or 0.09 acres, more or less.

TCE 4: All of the South 5.00 feet of the North 25.00 feet of the West 250.00 feet of the East 648.31 feet of said Lot 1. Containing 1,250 square feet, more or less.

TCE 5: Beginning at the Northeast corner of said Lot 1; thence South, along the East line thereof, a distance of 60.11 feet; thence Northwesterly, departing the East line of said Lot 1, to a point on the North line of said Lot 1 that is 15.85 feet West of the Northeast corner thereof, as measured along the North line of said Lot 1; thence East, along the North line of said Lot 1, a distance of 15.85 feet to the Point of Beginning. Except for all that part lying within the North 20.00 feet of said Lot 1. Containing 212 square feet, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Tract 11: 31755 W. 207th Street

Permanent Roadway Right-of-Way
All that part of the Northeast Quarter of Section 15, Township 15 South, Range 22 East, Johnson County, Kansas, being described as follows:

Commencing at the Northwest corner of said Northeast Quarter; thence North 88°09’59” East, along the North line thereof, a distance of 330.00 feet to the Northwest corner of the property described in a General Warranty Deed filed with the Johnson County, Kansas Register of Deeds in Book 201507 at Page 009730, said point being the Point of Beginning; thence continuing North 88°09’59” East, along the North line of said Northeast Quarter, a distance of 660.00 feet to the Northeast corner of the property described in said General Warranty Deed; thence South 01°50’01” East, along the East line of the property described in said General Warranty Deed, a distance of 60.00 feet to a point on the South line of the North 60.00 feet of said Northeast Quarter; thence South 88°09’59” West, along the South line of the North 60.00 feet of said Northeast Quarter, a distance of 660.00 feet to a point on the West line of the property described in said General Warranty Deed; thence North 01°50’01” West, along the West line of the property described in said General Warranty Deed, a distance of 60.00 feet to the Point of Beginning. Subject to all that part thereof in the North 20.00 feet in existing roadway right-of-way of W. 207th Street.

Containing 26,400 square feet or 0.61 acres, more or less.
The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Permanent Drainage Easement
All that part of the Northeast Quarter of Section 15, Township 15 South, Range 22 East, in Johnson County, Kansas, being described as follows:

Commencing at the Northwest corner of said Northeast Quarter; thence North 88°09’59” East, along the North line thereof, a distance of 330.00 feet to the Northwest corner of the property described in a General Warranty Deed filed with the Johnson County, Kansas Register of Deeds in Book 201507 at Page 009730; thence South 01°50’01” East, along the West line of the property described in said General Warranty Deed, a distance of 60.00 feet to the Point of Beginning; thence continuing South 01°50’01” East, along the West line of the property described in said General Warranty Deed, a distance of 22.35 feet; thence South 67°06’20” East, departing the West line of the property described in said General Warranty Deed, a distance of 4.04 feet; thence North 22°53’40” East a distance of 26.47 feet to a point on the South line of the North 60.00 feet of said Northeast Quarter; thence South 88°09’59” West, along the South line of the North 60.00 feet of said Northeast Quarter, a distance of 14.75 feet to the Point of Beginning.
Containing 218 square feet, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

Tract 12: 31565 W. 207th Street
Permanent Roadway Right-of-Way
All of the North 20.00 feet of Lot 2, HI-ACRES SUBDIVISION, a subdivision of record situate in Johnson County, Kansas.

Containing 6,600 square feet or 0.15 acres, more or less.

Permanent Drainage Easement
All that part of Lot 2, HI-ACRES SUBDIVISION, a subdivision of record situate in Johnson County, Kansas, being described as follows:

Commencing at the West end of the Northernmost line of said Lot 2; thence South 01°50’01” East, along West line of said Lot 2, a distance of 20.00 feet to a point on the South line of the North 20.00 feet thereof; thence North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 2, a distance of 6.08 feet to the Point of Beginning; thence continuing North 88°09’59” East, along the South line of the North 20.00 feet of said Lot 2, a distance of 15.11 feet; thence South 08°35’36” East, departing the South line of the North 20.00 feet of said Lot 2, a distance of 19.97 feet; thence South 81°24’24” West a distance of 15.00 feet; thence North 08°35’36” West a distance of 21.75 feet to the Point of Beginning.

Containing 313 square feet, more or less.

The bearings used in this description are based on the record plat of LOGISTICS PARK KANSAS CITY SOUTH, FIRST PLAT.

SECTION 3: City Staff is authorized to have a survey conducted and a description of the land and easements to be condemned to be prepared by a competent engineer. Both the survey and the description of the property to be condemned shall be filed with the City Clerk upon their completion.

SECTION 4: The City Clerk is hereby directed to publish this Resolution once in the City’s official newspaper.

SECTION 5: This Resolution shall be effective upon its approval and adoption.

ADOPTED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS ON THIS 27th DAY OF SEPTEMBER, 2018.

_/s/ Donald Roberts_________________
DONALD ROBERTS, MAYOR

ATTEST:

_/s/ Rachel A. James______________
RACHEL A. JAMES, CITY CLERK

APPROVED AS TO FORM:

_/s/ Lee W. Hendricks_________________
LEE W. HENDRICKS, CITY ATTORNEY
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