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Journal-World classified (published 02/20/2014)

(Published in the Lawrence
Daily Journal-World February 13, 2014)

RESOLUTION NO. 7059

A RESOLUTION SETTING
FORTH FINDINGS AND DETERMINATIONS OF THE
GOVERNING BODY OF THE
CITY OF LAWRENCE, KANSAS ON THE ADVISABILITY
OF AND AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS WITHIN
YANKEE TANK ESTATES
PURSUANT TO K.S.A.
12-6a01 et seq.
WHEREAS, a petition was
filed with the City Clerk for
the City of Lawrence, Kansas (the "City") on February 5, 2014, proposing certain improvements pursuant to K.S.A. 12-6a01 et seq.
(the "Petition"); and,

WHEREAS, the Petition
sets forth: (a) the general
nature of the proposed improvements; (b) the estimated or probable cost of
the proposed improvements; (c) the extent of
the proposed improvement district to be assessed for the cost of the
proposed improvements;
(d) the proposed method
of assessment; (e) the proposed apportionment of
the cost between the improvement district and the
City at large; and (f) a request that such improvements be made without
notice and hearing as required by K.S.A.
12-6a04(a); and

WHEREAS, all the owners
of record of property located within the proposed
improvement district have
signed the Petition; and

WHEREAS, no signatures
have been withdrawn from
the petition before the
Governing Body began
consideration of the Petition; and

WHEREAS, K.S.A. 12-6a04
provides that the Governing Body may authorize
and order public improvements without notice and
hearing after a sufficient
petition has been filed.

NOW THEREFORE, BE IS
RESOLVED BY THE GOVERNING BODY OF THE CITY
OF LAWRENCE, KANSAS,
AS FOLLOWS:

Section 1.
The Governing
Body hereby finds that the
Petition is sufficient, and
further finds and determines that it is necessary
and advisable to make the
following improvements:

(a) The nature of the improvements are as follows:

THE CONSTRUCTION OF
ATCHISON AVENUE FROM
W. 31st STREET TO W. 32nd
STREET, THE CONSTRUCTION OF 32nd STREET
FROM E. 1200 ROAD
(KASOLD DRIVE) TO
ATCHISON AVENUE, THE
CONSTRUCTION OF E.
1200 ROAD (KASOLD
DRIVE) FROM W. 32nd
STREET TO 31st STREET,
AND A LEFT TURN LANE ON
31st STREET TO ATCHISON
AVENUE, ALL INCLUDING
PAVEMENT, CURB AND
GUTTER, SUBGRADE STABLIZATION, STORM SEWER
AND DITCH GRADING, SIDEWALKS ON BOTH SIDES;
THE CONSTRUCTION OF
WATERLINE ALONG 32nd
STREET FROM KASOLD
DRIVE TO ATCHISON AVENUE, AND ALONG ATCHISON AVENUE FROM 31st
STREET TO 32nd STREET;
AND OTHER NECESSARY
AND APPROPRIATE IMPROVEMENTS

(the "Improvements").

(b) The estimated cost of
the Improvements is:

$689,200.00 (to be increased at the pro-rata
rate of 1 percent per
month from and after the
adoption date of the resolution authorizing the improvements), plus costs of
issuance and plus costs of
interest on any temporary
financing.

(c) The boundaries of the
improvement district to be
assessed are:

A TRACT OF LAND IN THE
NORTHWEST QUARTER OF
SECTION 14, TOWNSHIP 13
SOUTH, RANGE 19 EAST OF
THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF
LAWRENCE, DOUGLAS
COUNTY, KANSAS, NOW
DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID
QUARTER SECTION;
THENCE NORTH 88 10' 16"
EAST ALONG THE NORTH
LINE OF SAID QUARTER
SECTION, 902.78 FEET;
THENCE SOUTH 01 45' 52"
EAST, 417.31 FEET; THENCE
NORTH 88 09' 59" EAST,
422.09 FEET TO A POINT ON
THE EAST LINE OF THE
WEST HALF OF SAID
QUARTER SECTION;
THENCE SOUTH 01 49'
35" EAST ALONG SAID
EAST LINE , 905.27 FEET;
THENCE SOUTH 88 06' 55"
WEST, 1136.40 FEET TO A
POINT ON THE
RIGHT-OF-WAY LINE OF
KANSAS STATE HIGHWAY
10; THENCE NORTH 11 06'
57" WEST ALONG SAID
RIGHT-OF-WAY LINE , 85.83
FEET; THENCE SOUTH 88
12' 46" WEST ALONG SAID
RIGHT-OF-WAY LINE, 175.00
FEET TO A POINT ON
THE WEST LINE OF SAID
QUARTER SECTION;
THENCE NORTH 01 47'
14" WEST ALONG SAID
WEST LINE, 578.82 FEET;
THENCE NORTH 88 12' 46"
EAST, 97.00 FEET; THENCE
NORTH 01 47' 14" WEST,
40.00 FEET; THENCE SOUTH
88 12' 46" WEST, 97.00
FEET TO A POINT ON THE
WEST LINE OF SAID
QUARTER SECTION;
THENCE NORTH 01 47'
14" WEST ALONG SAID
WEST LINE, 620.00 FEET
TO THE POINT OF BEGINNING. THE ABOVE CONTAINS 35.760 ACRES, MORE
OR LESS.

EXCEPT THAT THE IMPROVEMENT DISTRICT
SHALL EXCLUDE THAT PORTION OF THE LAND DESCRIBED AS "TRACT A" ON
THE ATTACHED FINAL
PLAT.

(d) The method of assessment shall be:

All property in the Improvement District located
on the west side of Atchison Street and north of
32nd Street (Proposed)
shall be assessed 50% of
the costs of the Improvements, and all lots and
tracts located on the east
side of Atchison Street
(Proposed) and on the
south side of 32nd Street
(Proposed) shall be assessed 50% of the costs of
the Improvements. The
costs shall thereafter be
spread against such property equally per square
foot.

(e) The apportionment of
cost between the improvement district and the city
at large is:

One hundred percent
(100%) of the costs of the
Improvements shall be
paid by the improvement
district and zero percent
(0%) of the cost of the Improvements shall be paid
by the city at large.

Section 2. The Governing
Body hereby declares that
the Improvements described in this Resolution
are necessary, and authorizes them to be made in
accordance with the findings set forth in this Resolution, and further authorizes the levying of assessments and the issuance of
bonds therefore, all in accordance with K.S.A.
12-6a01 et seq.

Section 3. The City expects
to make capital expenditures from and after the
date of this Resolution in
connection with the Improvements described
herein, and intends to reimburse itself for such expenditures with the proceeds of one or more
series of general obligation bonds and temporary
notes of the City in the
maximum principal
amount of $689,200.00, to
be increased at the
pro-rata rate of one percent per month from and
after the adoption date of
the resolution authorizing
the Improvements, plus
costs of issuance, and plus
costs of interest on any
temporary financing.

Section 4. The City Clerk
shall file a certified copy of
this Resolution with the
Register of Deeds of Douglas County, Kansas.

Section 5. This Resolution
shall take effect after its
passage and publication
once in the official city
newspaper.

ADOPTED AND PASSED
this 11th day of February,
2014.
Mayor, Michael Dever
(SEAL)

Diane M. Trybom, City
Clerk
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