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Journal-World classified (published 04/11/2012)

(Published in The Mirror,
Wednesday, April 4, 2012)

ORDINANCE NO. 1340

AN ORDINANCE AMENDING
THE "ZONING ORDINANCE
AND SUBDIVISION REGULATIONS" OF THE CITY OF
TONGANOXIE, KANSAS,
2003, SECTION 1, BY REZONING CERTAIN PROPERTY IN
THE CITY OF TONGANOXIE,
KANSAS.

WHEREAS, UNDER THE ZONING ORDINANCE AND SUBDIVISION REGULATIONS of the
City of Tonganoxie, Kansas,
the Governing Body of the
City of Tonganoxie, Kansas,
is given the power to
amend, supplement or
change existing zoning regulations within said city,
and;

WHEREAS, the City Planning Commission, after fully
complying with the requirements of the ordinances of
the City of Tonganoxie,
Kansas, held a public hearing on the 1st day of March,
2012, at 7:00 p.m., at the
Tonganoxie City Hall Council Chambers, the official
date set out as was published in the Tonganoxie
Mirror newspaper; and

WHEREAS, pursuant to Resolution 03-12-01, the Governing Body adopted Findings of Fact and Conclusions and conditions supporting its decision to rezone said property.

WHEREAS, upon a motion
made and duly seconded
and passed, the Governing
Body resolved to rezone
from "LBD" (Limited Business District) to "PUD-C"
(Planned Commercial District), applies to the following described property:

Lots 37, 38, 39 & 40, except
the East 15 feet of Lot 40,
Block 1, Elm Park Addition,
and the south half of vacated alley as published in
Ordinance No. 1110 filed in
the Leavenworth County
Register of Deeds Office in
Book 832, Page 1351; further described as: that part
of the dedicated and existing alley between Third and
Fourth Streets and West
and Cox Streets abutting
Lots 1 through 4 and 37
through 40 of Block 1, Elm
Park Subdivision, a subdivision in the City of Tonganoxie, Leavenworth
County, Kansas. ALSO:
A tract of land located in
Lots 37, 38, 39 and 40, Block
1 in Elm Park, a subdivision
in the City of Tonganoxie,
Leavenworth County, Kansas more particularly described as follows:
Beginning at the Southwest
corner of said Lot 37, being
on the North right-of- way
line of Kansas Highway No.
16; thence along the South
line of Lots 37, 38, 39 and 40
easterly to the Southwest
corner of the East 15 feet of
said Lot 40, being on the
West right-of-way line of
U.S. Highway No. 24-40 said
right-of-way line described
in Right-of-Way Condemnation recorded in Book 342
on Page 581 at the Leavenworth Register of Deeds;
thence along the West line
of the East 15 feet of said
Lot 40, being the West right
-of-way line of said U.S
Highway No. 24-40 Northerly to a point 40.87 feet
northerly of the South line
of the said Lots; thence on
a curve to the right with a
radius of 69.39 feet to a
point 49.6 feet Westerly of
the West right-of-way line
of said Highway No. 24-40
and 3.1 feet Northerly of the
South Line of said Lots 37,
38, 39 and 40; thence Westerly to a point on the West
line of said Lot 37, said
point being 1.0 feet Northerly of the Southwest corner of said lot 37; thence
along the West line of said
Lot 37 Southerly to the
point of beginning. LESS:
A tract of land located in
Lots 39 and 40, Block 1, in
ELM PARK, a subdivision in
the City of Tonganoxie,
Leavenworth County, Kansas, more particularly described as follows:
Beginning at the South line
of said Lot 40, said point of
Beginning being 15.0 feet
Westerly of the Southeast
corner of said Lot 40 and at
the point of intersection of
the West Right-of-Way line
of U.S. Highway 24-40 with
the North right-of-way line
of Kansas Highway No. 16;
thence along the South line
of said Lots 40 and 39 and
the North right-of-way line
of said Kansas Highway No.
16 Westerly 33.82 feet;
thence on a curve to the
left with a radius of 65.70
feet to a point on the West
line of the East 15.0 feet of
said Lot 40, being the West
right-of-way line of said
Highway No. 24-40; thence
along the West line of the
East 15.0 feet of said Lot 40
and the West right-of-way
line of said U.S. 24-40
Southerly 28.24 feet to the
point of beginning.

The property is more commonly known as 103 W 4th
St., Tonganoxie KS.

Submitted by Kelly Smith

BE IT ORDAINED BY THE
GOVERNING BODY OF THE
CITY OF TONGANOXIE, KANSAS:

SECTION 1. That the
above-described property
being in "LBD" (Limited
Business District) is and
the same is hereby rezoned
to "PUD-C" (Planned Commercial) District.

SECTION 2. That the "Zoning District Map" adopted
under Section 1-015 of the
Zoning Ordinance and Subdivision Regulations of the
City of Tonganoxie, Kansas,
2003, shall be and the same
is hereby corrected to conform with the rezoning as
set forth in Section 1 above.

SECTION 3. That this ordinance shall take effect and
be in force from and after
its passage, approval, and
publication in the Tonganoxie Mirror, the official
newspaper of the City of
Tonganoxie, Kansas.

PASSED AND APPROVED BY
THE GOVERNING BODY OF
THE CITY OF TONGANOXIE,
KANSAS, ON THIS 24th DAY
OF OCTOBER, 2011.

/s/ Jason K. Ward,
Mayor

ATTEST:

/s/ Mary A. Conway,
City Clerk
________