Marketplace

(First published in The Mirror, Wednesday, July 1, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK
PLAINTIFF
-vs-
SCOTT D
MOSSBURGH, et. al.;
DEFENDANTS

No. 08CV346
Div. No.
K.S.A. 60
Mortgage
Foreclosure

NOTICE OF
SHERIFF'S SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Leavenworth, in a certain cause in said Court Numbered 08CV346, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the 2nd Floor lobby (street level) of the Justice Center in the City of Leavenworth in said County, on July 23, 2009, at 10:00 a.m., of said day the following described real estate located in the County of Leavenworth, State of Kansas, to wit:

LOT 30, CARRIAGE HILL SUBDIVISION, CITY OF LANSING, LEAVENWORTH COUNTY, KANSAS, ACCORDING TO THE RECORDED PLAT THEREOF. Commonly known as 129 Oakridge Ct, Lansing, Kansas 66043

This is an attempt to collect a debt and any information obtained will be used for that purpose.

David A. Zoellner
SHERIFF OF
LEAVENWORTH
COUNTY, KANSAS

SHAPIRO &
MOCK, LLP
Attorneys for Plaintiff
6310 Lamar- Ste. 240
Overland Park, KS 66202
(913)831-3000
Fax No. (913)831-3320
Our File No. 08-100418/src
_______

(First published in The Mirror, Wednesday, June 17, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

Countrywide Home Loans Servicing LP
Plaintiff,
vs.
Matthew L. Maguire and Susanne M. Maguire, et al.
Defendants.

Case No. 08CV751
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 9, 2009, at 10:00 AM, the following real estate:

Lot 9, Block 8, Stonecrest Subdivision No. 4, City of Lansing, according to the recorded plat thereof, Leavenworth County, Kansas, commonly known as 534 S. Bittersweet Lane, Lansing, KS 66043 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

SOUTH
& ASSOCIATES, P.C.
Brian R. Hazel
(KS #21804)
8621 E. 21st Street N., Suite 170
Wichita, Kansas 67206
(316) 684-7733
(316) 684-7766 (Fax)
Attorneys For Plaintiff (93471)
_______

(First published in The Mirror, Wednesday, June 17, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

HSBC Bank, USA as Trustee for MANA 2007-OAR1
Plaintiff,
vs.
Daniel E. Wills and
Trisha R. Wills, et al.
Defendants.

Case No. 09CV284
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 9, 2009, at 10:00 AM, the following real estate:

Lot 1, Block 1, Stone Creek Addition 4B, a subdivision in the City of Tonganoxie, Leavenworth County, Kansas, according to the recorded plat thereof, commonly known as 2201 Hidden Valley Drive, Tonganoxie, KS 66086 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

SOUTH &
ASSOCIATES, P.C.
Brian R. Hazel
(KS #21804)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (99798)
______

(First published in The Mirror, Wednesday, June 17, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

U.S. Bank, N.A.
Plaintiff,
vs.
Scott A. Oliver and
Jennifer R. Painter,
et al.
Defendants.

Case No. 09CV47
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 9, 2009, at 10:00 AM, the following real estate:

Lot 1, Spencer's Place Subdivision, City of Basehor, in Leavenworth County, Kansas, commonly known as 15439 Ripley Street, Basehor, KS 66007 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

SOUTH &
ASSOCIATES, P.C.
Brian R. Hazel
(KS #21804)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (95461)
_______

(First published in The Mirror, Wednesday, June 17, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

Countrywide Home Loans Servicing LP
Plaintiff,
vs.
Jonathan L. Schaber,
et al.
Defendants.

Case No. 09CV174
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 9, 2009, at 10:00 AM, the following real estate:

Lot 20, Block 5, South Park Addition No. 2, to the City of Tonganoxie, Leavenworth County, Kansas, according to the recorded plat thereof, commonly known as 121 Willis Drive, Tonganoxie, KS 66086 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

SOUTH &
ASSOCIATES, P.C.
Brian R. Hazel
(KS #21804)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (97856)
_______

(First published in The Mirror, Wednesday, June 17, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

M & I Bank, FSB,
Plaintiff,
vs.
Donald L. Olson aka Donald Lee Olson,
Nicole M. Olson
Mortgage Electronic Registration Systems, Inc. Mortgage Electronic Registration Systems, Inc., as Nominee for Capital One Home Loans, LLC
John Doe, tenant/ occupant
Jane Doe, tenant/ occupant
Defendant(s).

Case No. 08CV806
Div. No.
K.S.A. 60
Mortgage Foreclosure

NOTICE OF SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court of Leavenworth County, Kansas, to me the undersigned Sheriff of Leavenworth County, Kansas, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the 2nd floor main lobby of the Leavenworth County Courthouse at 601 S. 3rd Street, Leavenworth, Kansas, at 10:00 AM on July 9, 2009, the following real estate:

Lots 5, 6, 7 and 8, Block 36, City of Kickapoo, Leavenworth County, Kansas, except and subject to: easements, restrictions, reservation, and covenants now of record, all taxes, both general and special and now due and/or payable.
more specifically described as 34621 170 Street, Leavenworth, KS 66048

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court.

Sheriff of Leavenworth County, KS

PREPARED AND
SUBMITTED BY:
SINGER TARPLEY
& JONES, P.A.
Sheldon R. Singer
KS #10915
Linda S. Tarpley
#22357
Kenneth C. Jones
#10907
10484 Marty
Overland Park, KS 66212
Phone:(913) 648-6333
Fax: (913) 642-8742
ATTORNEY FOR PLAINTIFF

MICHAEL DOERING, ESQ.
Michael D. Doering
# 13832
10484 Marty
Overland Park, KS 66212
Phone: (913) 648-6333
Fax: (913) 642-8742
ATTORNEY FOR PLAINTIFF
______

(First published in The Mirror, Wednesday, June 17, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

Wells Fargo Bank, NA
Plaintiff,
vs.
Elizabeth J Thorne AKA J Smith AKA
Jain Thorne, et al.,
Defendants.

Case No. 08CV594
K.S.A. 60
Mortgage Foreclosure
Division 4

NOTICE OF
SHERIFF'S SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Leavenworth, State of Kansas, in a certain cause in said Court Numbered 08CV594, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 10:00 AM, on 07/09/2009, THE JUSTICE CENTER ON THE 2ND FLOOR LOBBY (street level), 601 S. 3rd Street, Leavenworth, KS 66048, the following described real estate located in the County of Leavenworth, State of Kansas, to wit:

LOT 1, BLOCK 4, FACKLER`S ADDITION, CITY OF LEAVENWORTH, LEAVENWORTH COUNTY, KANSAS.

SHERIFF OF
LEAVENWORTH COUNTY, KANSAS

Respectfully Submitted,
By:
Sara Knittel, # 23624
Erika Knapstein,
# 23882
Clinton P. Woerth,
# 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd.,
Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Send Court Returns to: Kansas@km-law.com
Attorney for Plaintiff
______

(First published in The Mirror, Wednesday, June 24, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

Wells Fargo Bank, NA
Plaintiff,
vs.
Yer Yang, et al.,
Defendants.

Case No. 09cv234
K.S.A. 60
Mortgage Foreclosure
Division 4

NOTICE OF
SHERIFF'S SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Leavenworth, State of Kansas, in a certain cause in said Court Numbered 09cv234, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 10:00 AM, on 07/16/2009, THE JUSTICE CENTER ON THE 2ND FLOOR LOBBY (street level), 601 S. 3rd Street, Leavenworth, KS 66048, the following described real estate located in the County of Leavenworth, State of Kansas, to wit:

LOT 14, BRIARWOOD ESTATES WEST, ACCORDING TO THE RECORDED PLAT THEREOF, IN LEAVENWORTH COUNTY, KANSAS

SHERIFF OF
LEAVENWORTH COUNTY, KANSAS

Respectfully Submitted,
By:
Sara Knittel, # 23624
Erika Knapstein,
# 23882
Clinton P. Woerth,
# 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd.,
Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Send Court Returns to: Kansas@km-law.com
Attorney for Plaintiff
_______

(First published in The Mirror, Wednesday, June 24, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc Trust 2006-NC4
Plaintiff,
vs.
Clint D Cooley , et al.,
Defendants.

Case No. 09CV18
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF'S SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Leavenworth, State of Kansas, in a certain cause in said Court Numbered 09CV18, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 10:00 AM, on 07/16/2009, THE JUSTICE CENTER ON THE 2ND FLOOR LOBBY (street level), 601 S. 3rd Street, Leavenworth, KS 66048, the following described real estate located in the County of Leavenworth, State of Kansas, to wit:

LOT 27, BLOCK 3, EWING, ROELOFSON & CO. SUBDIVISION, CITY OF LEAVENWORTH, COUNTY OF LEAVENWORTH, STATE OF KANSAS.

COMMONLY KNOWN AS; 402 NORTH 11TH ST, LEAVENWORTH, KS 66048

SHERIFF OF
LEAVENWORTH COUNTY, KANSAS

Respectfully Submitted,
By:
Sara Knittel, # 23624
Erika Knapstein,
# 23882
Clinton P. Woerth,
# 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd.,
Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Send Court Returns to: Kansas@km-law.com
Attorney for Plaintiff
_______

(First published in The Mirror, Wednesday, June 24, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

Countrywide Home Loans Servicing LP
Plaintiff,
vs.
Scott A. Simmons, et al.
Defendants.

Case No. 09CV160
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 16, 2009, at 10:00 AM, the following real estate:

Lot 49, Hickory Hills at Timber Lakes, according to the recorded plat thereof, in Leavenworth County, Kansas, commonly known as 14777 Oak Court, Bonner Springs, KS 66012 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

SOUTH &
ASSOCIATES, P.C.
Brian R. Hazel
(KS #21804)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (97378)
_______

(First published in The Mirror, Wednesday, June 24, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P.
Plaintiff,
vs.
Jeffrey B. Purcell a/k/a Jeffrey Boyd Purcell; Teresa M. Purcell a/k/a Teresa Marie Purcell, a/k/a Teresa Purcell; John Doe (Tenant/ Occupant); Mary Doe (Tenant/Occupant); Christian Agesen, Trustee, or Successor Trustee, Ralph K. Agesen Revocable Trust dated January 24, 1995; Jon Agesen, Trustee, or Successor Trustee, Ralph K. Agesen Revocable Trust dated January 24, 1995,
Defendants.

Case No. 09CV382
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SUIT

THE STATE OF KANSAS, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.

You are notified that a Petition has been filed in the District Court of Leavenworth County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:

Lot 6, Bluff Subdivision, City of Leavenworth, a subdivision in Leavenworth County, Kansas, according to the recorded plat thereof, commonly known as 1368 Sherman Avenue, Leavenworth, KS 66048 (the "Property")

and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 4th day of August 2009, in the District Court of Leavenworth County, Kansas. If you fail to plead, judgment and decree will be entered in due course upon the Petition.

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.

Brian R. Hazel
(KS Bar No. 21804)
SOUTH &
ASSOCIATES, P.C.
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
ATTORNEYS FOR PLAINTIFF
(101265)
_______

(First published in The Mirror, Wednesday, June 24, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

Wells Fargo Bank, NA
Plaintiff,
vs.
Vincent M Poff , et al.,
Defendants.

Case No. 09CV16
K.S.A. 60
Mortgage Foreclosure
Division 4

NOTICE OF
SHERIFF'S SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Leavenworth, State of Kansas, in a certain cause in said Court Numbered 09CV16, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 10:00 AM, on 07/16/2009, THE JUSTICE CENTER ON THE 2ND FLOOR LOBBY (street level), 601 S. 3rd Street, Leavenworth, KS 66048, the following described real estate located in the County of Leavenworth, State of Kansas, to wit:

THE NORTH 1/2 OF LOT 11, ALL OF LOT 12 AND 13 AND THE SOUTH 1/2 OF LOT 14, BLOCK 1, HACKERS REPLAT OF WOODLAND PLACE, IN THE CITY OF LEAVENWORTH, LEAVENWORTH COUNTY, KANSAS, ACCORDING TO THE RECORDED PLAT THEREOF.

SHERIFF OF
LEAVENWORTH COUNTY, KANSAS

Respectfully Submitted,
By:
Sara Knittel, # 23624
Erika Knapstein,
# 23882
Clinton P. Woerth,
# 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd.,
Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Send Court Returns to: Kansas@km-law.com
Attorney for Plaintiff
_______

(First published in The Mirror, Wednesday, July 1, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P.
Plaintiff,
vs.
Kevin Kurre and
Kimberly Kurre, et al.
Defendants.

Case No. 09CV292
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 23, 2009, at 10:00 AM, the following real estate:

Lot 9, Cedar Crest Estates Subdivision, a subdivision in Leavenworth County, Kansas, according to the recorded plat thereof, commonly known as 18675 206th Street, Tonganoxie, KS 66086 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

SOUTH &
ASSOCIATES, P.C.
Kristen G. Stroehmann (KS #10551)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (99920)
______

(First published in The Mirror, Wednesday, June 24, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
PROBATE
DEPARTMENT

IN THE MATTER OF THE ESTATE of
ROBERT DALE JONES,
Deceased.

Case No. 2009 PR 83

NOTICE OF HEARING AND NOTICE
TO CREDITORS

THE STATE OF KANSAS TO ALL PERSONS CONCERNED:

You are hereby notified that on June 19, 2009, a Petition was filed in this Court by Clifton B. DeMoss, Jr., the Executor named in the Last Will and Testament of Robert Dale Jones, deceased, praying that the Will be admitted to probate and record and that Clifton B. DeMoss, Jr. be appointed as Executor and granted Letters Testamentary to serve without bond, as authorized in the Will.

You are required to file your written defenses thereto on or before July 17, 2009, at 9:00 o'clock A.M. in this Court, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course on the Petition.

All creditors are notified to exhibit their demands against the Estate within four (4) months from the date of the first publication of this notice, as provided by law, and if their demands are not thus exhibited, they shall be forever barred.

Clifton B. DeMoss, Jr.,
Petitioner

Clifton B. DeMoss, Jr.
Attorney at Law
#12964
16582 Douglas
Basehor, KS 66007
913-724-4010
Fax: 724-8352
Attorney for Petitioner
_______

(First published in The Mirror, Wednesday, July 1, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

Countrywide Home Loans Servicing LP
Plaintiff,
vs.
Robert W. McEachron and Mellissa L. GaMarsh, et al.
Defendants.

Case No. 09CV74
Court Number: 4
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 23, 2009, at 10:00 AM, the following real estate:

Lot 44, HICKORY HILLS AT TIMBER LAKES, according to the recorded plat thereof, and also Part of Lot 1 FOX RUN ESTATES, according to the recorded plat thereof, described as follows: Beginning at the Northwest corner of said Lot 44, HICKORY HILLS AT TIMBER LAKES: thence Northeasterly along the prolongation of the West line of said Lot 44, 40 feet thence Southeasterly deflecting 90 degrees to the right, 48.55 feet; thence along a curve to the left having a radius of 60.00 feet, 56.14 feet; thence Northwesterly along the North line of said Lot 44, 85.00 feet to the point of beginning, commonly known as 14757 Hickory Drive, Bonner Springs, KS 66012 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

SOUTH &
ASSOCIATES, P.C.
Brian R. Hazel
(KS #21804)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (53427)
_______

(First published in The Mirror, Wednesday, July 1, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

BAC HOME LOANS SERVICING, L.P., fka COUNTRYWIDE HOME LOANS SERVICING, L.P.,
Plaintiff,
v.
THOMAS V. BRADY, JR., et al.,
Defendants.

Case No. 2009-CV-324
TITLE TO REAL
ESTATE INVOLVED
(Pursuant to K.S.A. Chapter 60)

NOTICE OF SUIT

THE STATE OF KANSAS TO:

JOHN DOE (REAL NAME UNKNOWN; TENANT/OCCUPANT); JANE DOE (REAL NAME UNKNOWN; TENANT/OCCUPANT); AND THE UNKNOWN SPOUSES OF ANY OF THE DEFENDANTS AND ALL OTHER PERSONS WHO ARE OR MAY BE CONCERNED:

You are hereby notified that a Cross-Claim Petition has been filed in the District Court of Leavenworth County, Kansas, by First State Bank and Trust, praying for foreclosure of a real estate mortgage on the following-described real estate:

LOT 7, BLOCK 6, RAILROAD ADDITION, TO THE CITY OF TONGANOXIE, ACCORDING TO THE RECORDED PLAT THEREOF, IN LEAVENWORTH COUNTY, KANSAS,

which has a common street address of 109 E. 3rd Street, Tonganoxie, Kansas 66086,

and you are hereby required to answer or otherwise plead to the Cross-Claim Petition on or before August 12, 2009 in said Court. If you fail to answer or otherwise plead, the Cross-Claim Petition will be taken as true, and judgment and decree will be entered in due course upon the Petition.

Michael R. Munson, #22585
WONER, GLENN, REEDER,
GIRARD & RIORDAN, P.A.
5611 SW Barrington Court South
P.O. Box 67689
Topeka, KS 66607-0689
(785) 235-5330;
(785) 235-1615 Fax
Attorneys for First State Bank and Trust
_______

(First published in The Mirror, Wednesday, July 1, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

U.S. Bank, N.A.
Plaintiff,
vs.
Scott A. Garvin and
Rachel E. Garvin, et al.
Defendants.

Case No. 08CV621
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SALE

Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Leavenworth County, Kansas, the undersigned Sheriff of Leavenworth County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the Justice Center, 2nd Floor Lobby Leavenworth County, Kansas, on July 23, 2009, at 10:00 AM, the following real estate:

Lots 1, 2 and 3, Block 4, Hackers Re-Plat of Woodland Place, a subdivision in the City of Leavenworth, Leavenworth County, Kansas, commonly known as 1724 Cherokee Street, Leavenworth, KS 66048 (the "Property")

to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com .

David Zoellner, Sheriff
Leavenworth County, Kansas

Prepared By:
SOUTH &
ASSOCIATES, P.C.
Kristen G. Stroehmann (KS #10551)
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (91404)
_______

(First published in The Mirror, Wednesday, July 1, 2009)

The City of Tonganoxie is searching for volunteers to serve on the Tonganoxie Planning Commission as a City Representative. Applications are available online at www.tonganoxie.org or at the City Hall, 321 S. Delaware, Monday - Friday from 8:00 am. - 4:30 pm. 913-845-2620.
_______

(First published in The Mirror, Wednesday, July 1, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
Probate Division

In the Matter of the
Estates of:
Peggy Joyce Abramovitz, Deceased.

Case No. 2009 PR 88

NOTICE OF HEARING

The State of Kansas to All Persons Concerned:

You are hereby notified that a petition has been filed in this Court by Brian Abramovitz, heir of Peggy Joyce Abramovitz, deceased, praying that descent be determined of her interest in the following described real estate situated in Leavenworth County, Kansas:

A tract of land in the Northwest 1/4 of Section 10, Township 10, Smith, Range 22 East, more fully described as follows: Beginning at a point 405.90 feet West of the Northeast corner of the Northwest 1/4 of said Section; thence South 1320.00 feet to a point; thence West 660.00 feet to a point; thence North 1320.00 feet to the North line of said Northwest 1/4; thence East 660.00 feet to the point of beginning, containing 20.00 acres, more or less.

Less the following:
A tract of land in the Northwest 1/4 of Section 10, Township 10 South, Range 22 East, more fully described as follows:
Beginning at a point 802.90 feet West of the Northeast corner of the Northwest 1/4 of said Section; thence South 415.00 feet to a point; thence West 263.0 feet to a point; thence North 415.00 feet to the North line of said Northwest 1/4; thence East 263.00 feet to the point of beginning, according to the recorded plat thereof.

Plus the following:
A tract of land in the Northwest 1/4 of Section 10, Township 10 South, Range 22 East, Piore fully described as follows:
Beginning at a point 802.90 feet West of the Northeast corner of the Northwest 1/4 of said section; thence South 415 feet to a point; thence West 263 feet to a point; thence North 415 feet to the North line of said Northwest 1/4; thence East 263 feet to the point of beginning

and all personal property and other Kansas real estate owned by decedent at the time of decedent's death.

You are required to file your written defenses thereto on or before the 24th day of July, 2009, at 10:00 o'clock a.m. of said day, in said Court, in the City of Leavenworth, Leavenworth County, Kansas, at which time and place said cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the petition.

Brian Abramovitz,
Petitioner

Respectfully submitted by:
Gary A. Nelson, P.A.
/s/ Gary A. Nelson
GARY A. NELSON, #13696
1000 South 4th Street,
Suite B
Leavenworth, Kansas 66048
Phone: (913) 758-9260
Fax: (913)758-9290
email: garyanelson@
garyanelson.com
Attorney for Petitioner
_______

(First published in The Mirror, Wednesday, June 10, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

NATIONAL CITY MORTGAGE COMPANY
PLAINTIFF
-vs-
TROY A. LETOURNEAU, et. al.; DEFENDANTS

No. 08CV581
Div. No.
K.S.A. 60
Mortgage
Foreclosure

NOTICE OF
SHERIFF'S SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Leavenworth, in a certain cause in said Court Numbered 08CV581, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the 2nd Floor lobby (street level) of the Justice Center in the City of Leavenworth in said County, on July 2, 2009, at 10:00 a.m., of said day the following described real estate located in the County of Leavenworth, State of Kansas, to wit:

PARCEL 10 A PORTION OF LOT 67, PRAIRIE GARDENS-2ND PLAT, IN THE CITY OF BASEHOR, LEAVENWORTH COUNTY, KANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 90 DEGREES 00' 00" EAST, 136.52 FEET ALONG THE SOUTH LINE AND NORTH 00 DEGREES 00' 00" EAST 33.80 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 67; THENCE NORTH 17 DEGREES 15' 02" WEST, 64.90 FEET; THENCE NORTH 72 DEGREES 44' 58" EAST, 82.40 FEET; THENCE SOUTH 17 DEGREES 15' 02" EAST, 64.90 FEET; THENCE SOUTH 72 DEGREES 44' 58" WEST, 82.40 FEET TO THE POINT OF BEGINNING. Commonly known as 16037-16043 Prairie, Basehor, Kansas 66007

This is an attempt to collect a debt and any information obtained will be used for that purpose.

David A. Zoellner
SHERIFF OF
LEAVENWORTH
COUNTY, KANSAS

SHAPIRO & MOCK, LLP
Attorneys for Plaintiff
6310 Lamar- Ste. 240
Overland Park, KS
66202
(913)831-3000
Fax No. (913)831-3320
Our File No. 08-100760/src
______

(First published in The Mirror, Wednesday, June 10, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

Liquidation
Properties Inc.,
Plaintiff,
vs.
Billy Mcclain , et al.,
Defendants.

Case No. 08CV661
K.S.A. 60
Mortgage Foreclosure
Division 4

NOTICE OF
SHERIFF'S SALE

Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Leavenworth, State of Kansas, in a certain cause in said Court Numbered 08CV661, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 10:00 AM, on 07/02/2009, THE JUSTICE CENTER ON THE 2ND FLOOR LOBBY (street level), 601 S. 3rd Street, Leavenworth, KS 66048, the following described real estate located in the County of Leavenworth, State of Kansas, to wit:

A TRACT OF LAND IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 9 SOUTH, RANGE 22 EAST OF THE 6TH P.M., LEAVENWORTH COUNTY, KANSAS, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 610.92 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE SOUTH 89 DEGREES 10 MINUTES 00 SECONDS WEST 290.00 FEET; THENCE SOUTH 160.86 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 00 SECONDS EAST 290.00 FEET; THENCE NORTH 169.86 FEET TO THE POINT OF BEGINNING, EXCEPT PART TAKEN OR USED FOR ROAD.

SHERIFF OF
LEAVENWORTH COUNTY, KANSAS

Respectfully Submitted,
By:
Sara Knittel, # 23624
Erika Knapstein,
# 23882
Clinton P. Woerth,
# 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd.,
Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Send Court Returns to: Kansas@km-law.com
Attorney for Plaintiff
_______

(First published in The Mirror, Wednesday, June 10, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

NATIONAL CITY REAL ESTATE SERVICES, LLC SBM NATIONAL CITY MORTGAGE, INC. FKA NATIONAL CITY MORTGAGE CO.
PLAINTIFF
vs.
TRACY L. BARTELS
DEFENDANTS

Case No. 09CV352
Div. No.
K.S.A. 60
Mortgage
Foreclosure

NOTICE OF SUIT

The State of Kansas to: TRACY L. BARTELS; JOHN DOE (REAL NAME UNKNOWN); MARY DOE (REAL NAME UNKNOWN); NEBRASKA FURNITURE MART, INC.

and the unknown heirs, executors, administrators, devisees, trustees, creditors, and assigns of such of the defendants as may be deceased; the unknown spouses of the defendants; the unknown officers, successors, trustees, creditors and assigns of such defendants as are existing, dissolved or dormant corporations; the unknown guardians and trustees of such of the defendants as are minors or are in anywise under legal disability; and all other persons who are or may be concerned:

You are hereby notified that a petition has been filed in the District Court of Leavenworth County, Kansas, by National City Real Estate Services, Llc Sbm National City Mortgage, Inc. Fka National City Mortgage Co. for judgment in the sum of $53,595.74, plus interest, costs and other relief; judgment that plaintiff's lien is a first lien on the said real property and sale of said property to satisfy the indebtedness, said property described as follows, to wit:

A PART OF LOT 1, BLOCK 51, IN RAILROAD ADDITION TO THE CITY OF TONGANOXIE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 51, RAILROAD ADDITION TO TONGANOXIE, THENCE SOUTH ON THE WEST LINE OF SAID LOT 1, 128.44 FEET; THENCE EAST 100 FEET; THENCE NORTH 128.44 FEET TO THE NORTH LINE OF LOT 1; THENCE WEST ON THE NORTH LINE OF LOT 1, 100 FEET TO THE POINT OF BEGINNING, IN LEAVENWORTH COUNTY, KANSAS. Commonly known as 604 E. 8th St., Tonganoxie, Kansas 66086

and you are hereby required to plead to said petition in said Court at Leavenworth, Kansas on or before the 24th day of July, 2009.

Should you fail therein judgment and decree will be entered in due course upon said petition.

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

SHAPIRO &
MOCK, LLP
Attorneys for Plaintiff
6310 Lamar - Ste. 240
Overland Park, KS 66202-4287
(913) 831-3000
Fax No. (913) 831-3320
Our File No. 09-101610/sk
_______

(First published in The Mirror, Wednesday, June 10, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS

IN THE MATTER OF THE APPLICATION OF
MARK STEVEN MITCHENER
For CHANGE OF NAME

case no. 2009 CV 252

Pursuant to K.S.A. Chapter 60

THE STATE OF KANSAS TO all persons who are or may be concerned:

You are hereby notified that a petition has been filed in the District Court of Leavenworth County, Kansas by Mark Steven Mitchener, praying for a change of his name to Mitch Mitchener and you are hereby required to plead to said petition on or before the 22nd day of July, 2009 in said Court in Leavenworth, Kansas. Should you fail therein, judgment and decree will be entered in due course upon said petition.

Mark Steven Mitchener, Petitioner

Michael E. Kelly,
S. Ct. No. 10438
512 E. Fourth Street.
Tonganoxie, Kansas 66086
(913) 845-8780
Attorney for Petitioner
_______

(First published in The Mirror, Wednesday, June 24, 2009)

IN THE DISTRICT COURT OF
LEAVENWORTH COUNTY, KANSAS
CIVIL DEPARTMENT

BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P.
Plaintiff,
vs.
Jeffrey B. Purcell a/k/a Jeffrey Boyd Purcell; Teresa M. Purcell a/k/a Teresa Marie Purcell, a/k/a Teresa Purcell; John Doe (Tenant/ Occupant); Mary Doe (Tenant/Occupant); Ralph K. Agesen Revocable Trust dated 1/24/95; Ralph K. Agesen Revocable Trust dated 1/24/95,
Defendants.

Case No. 09CV376
Court Number:
Pursuant to K.S.A. Chapter 60

NOTICE OF SUIT

THE STATE OF KANSAS, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.

You are notified that a Petition has been filed in the District Court of Leavenworth County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:

Lot 6, LINDA SUBDIVISION, City of Leavenworth, a subdivision in Leavenworth County, Kansas, according to the recorded plat thereof, commonly known as 1312 Sanders Street, Leavenworth, KS 66048 (the "Property")

and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 4th day of August 2009, in the District Court of Leavenworth County, Kansas. If you fail to plead, judgment and decree will be entered in due course upon the Petition.

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.

Kristen G. Stroehmann (KS Bar No. 10551)
SOUTH &
ASSOCIATES, P.C.
6363 College Boulevard, Suite 100
Overland Park, Kansas 66211
ATTORNEYS FOR PLAINTIFF
(101268)
_______

(First published in The Mirror, Wednesday, June 24, 2009)

ORDINANCE NO 1280

SECTION XVI, ARTICLE 2. SECTION 16-201 ZONING AND SUBDIVISION REGULATIONS, INCORPORATED BY REFERENCE IS HEREBY AMENDED AS FOLLOWS.

WHEREAS, under the "ZONING ORDINANCE AND SUBDIVISION REGULATIONS OF THE CITY OF TONGANOXIE, KS, 2003," the Governing Body of the City of Tonganoxie, Kansas is given the power to amend, supplement or change existing regulations; and

WHEREAS, the City Planning Commission, after fully complying with the requirements of the City of Tonganoxie, held a public hearing on the 4th day of June, 2009, at 7:00 p.m. in the Tonganoxie City Hall Council Chambers, the official date set out as was published in the Tonganoxie Mirror newspaper; and

WHEREAS, upon a motion made and duly seconded and passed, the Planning Commission resolved to amend the Zoning Ordinance, Section 22 (Special Uses) and Section 32 (Definitions)

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

Zoning Ordinance Regulation Amendments

Section 22 Use Regulations shall read as follows:

22-010 HOME OCCUPATIONS
Home occupations are accessory uses to a residence of a service character, having no outwardly appearance that the building or premises is being used for any use except for dwelling purposes and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character, thereof. Home occupations are permitted as an accessory use to a residence subject to the following provisions:

a.Purpose and intent. The regulations of this section are primarily intended to ensure that home occupations in residential zoning districts will not be a detriment to the character and livability of the surrounding residential neighborhood. The regulations are also intended to ensure that the home occupation remains subordinate to the residential use, and that the residential viability of the dwelling is maintained. The regulations also recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood.

b.Uses Permitted. The following uses are permitted in residential districts accessory to a residence in accordance with the provisions of this section. Other home occupation uses accessory to a residence not included in the following list of uses may be permitted upon approval of a Special Use Permit in accordance with Section 22-020 if determined compatible with the surrounding neighborhood.
1.Artist and artisan
2.Beauty, barber, and cosmetology services having not more than one (1) operator.
3.Computer programmer, analyst, or consultant.
4.Composer or musician.
5.Graphic artist or designer.
6.Mail-order or internet sales businesses, which does not involve volumes of stock or merchandise being distributed at the site and where customers will not come to the property.
7.Photographer or Photography Studio.
8.Professional offices for:
a)accountants,
b)architects,
c)artist
d)bookkeepers,
e)counselor,
f)dentist,
g)doctor,
h)engineers,
i)insurance agents,
j)landscaping or lawn care,
k)lawyers,
l)planners,
m)real estate,
n)tax practitioner.

9.Repair of small appliances and small engines, but not including the repair or assembly of vehicles or large appliances.

c.Area of use. Home occupations shall be entirely contained within the interior of a residence, or within a garage or accessory structure associated on the same site as the residential structure where the home occupation operator resides. No visible evidence of the business shall be apparent from the street or the surrounding area. A home occupation shall use no more than twenty-five percent (25%) of the gross dwelling unit floor area or 400 square feet of gross floor area, which ever is less. Those home occupations which require occasional meetings using more than twenty-five percent (25%) of the floor area may be permitted, provided such meetings do not occur more frequently than once per month.

d.Number of Employees.
1.The home occupation shall not employ more than one (1) nonresident employee.

2.Persons engaged in building trades or similar fields, using their residential premises as an office for business activities conducted off the premises, may have more employees if they are not employed on the premises. However, businesses where employees come to the site and are dispatched to other locations shall not be permitted.

e.Sales, repairs and leasing.
1.The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and members of the general public shall not be permitted on the premises of a home occupation. "Members of the general public" shall not include persons in the home by prior individualized invitation. Visitations by such person must be in accordance with the terms of 22-010.i.
2.Visitations generated to or from a home occupation by customers with items to be, or which have been repaired, must be in accordance with the terms of 22-010.i.
3.The exchange of items in a lease agreement between the proprietor of a home occupation or an employee and a customer shall not occur on the premises of a home occupation.

f.Traffic and parking. No parking in the public right-of-way shall occur as a result of the home occupation except for occasional meetings. If parking for a home occupation occurs in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best operated in a commercial district rather than as a home occupation, and will no longer be permitted as an accessory use.

g.Changes to exterior. The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations of building material, size or color, lighting fixtures or intensity, parking area, or any other exterior change should neither cause the structure to lose its residential character nor detract from the residential character of the neighborhood.

h.Nuisance controls. A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting which would be in excess of that created by a single residential dwelling. The production, dumping, or storage of combustible or toxic substances shall not be permitted on site. Additionally, a home occupation shall not create interference with, or fluctuations of, radio or television transmissions.

i.Visitation. A home occupation may attract patrons, students or any business-related individuals only between the hours of 6:00 a.m. and 9:00 p.m. At any time during the day or evening, the parking standards in this Section shall apply to the activity generated by the home occupation. A home occupation shall not have more than 2 customers present at any one time and shall not generate more than six business-related visitations per day, consisting of six arrivals and six departures by vehicle. These standards shall not be construed so as to prohibit occasional group gatherings, recitals or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the visitation hours specified in this Section.

j.Signage. No signage or other forms of advertising pertaining to the home occupation may be placed or painted onto the exterior of the residence or in the yard of a residence, except as permitted by Section 25-015.

k.Complaints and appeals. Complaints against home occupations shall be made to the Code Enforcement Officer, or may be initiated by City staff members. Any person found to be in violation of the provisions of this Section relating to home occupations shall be notified in writing by the Code Enforcement Officer, or his or her designee. Any person who is aggrieved by a determination that a violation exists may appeal that determination to the City Planning Commission. Any appeal must be filed within ten (10) days of the date on which the written notification was issued. If an appeal is filed, the City Planning Commission shall hold a hearing to review the notice of violation within thirty (30) days of the filing date of the appeal. The City Planning Commission shall uphold or reverse the determination that a home occupation violation exists within thirty (30) days of the date of the hearing. Any further appeals by any aggrieved party may be made to the District Court of Leavenworth County, Kansas, pursuant to K.S.A. 60-2101(d), or amendments thereto.

l.Presumption of Violation. If an occupant of a residence is repairing a motor vehicle, trailer, camper or boat not registered to that address, then a presumption shall be made that the work is being done for compensation and that a home occupation violation is occurring. This presumption can be rebutted if the occupant can document that the repair work in question is not being done for compensation.

m.Other regulations. Home occupations shall comply with all other local, state or federal regulations, licensing and inspection requirements pertinent to the activity pursued, and the imposition of requirements under this Section shall not be construed as an exemption from such regulations.

22-020 SPECIAL USES
a.Delegation of Power. The following uses may be located in any district by ordinance under such conditions as the Governing Body may impose after review and recommendation of the City Planning Commission and after public hearing in accordance with Section 27, as amended, provided that in their judgment such use will not seriously injure the appropriate use or safety of neighboring property and will conform to the general intent and purpose of this ordinance and shall comply with the height and area regulations of the district in which it may be located. The governing Body shall decide whether special use permits shall be granted only after having received a recommendation from the Planning Commission. In no event shall a special use permit be granted where the proposed use is not authorized by the terms of these regulations, or where the standards of this article are not found to exist.

The Special Use Permit is issued to the specific business use and if the business is to change hands, the special use shall continue; provided that the following two conditions are met. First, the business must remain open continually during the change. Secondly, no additions or alterations may be made without filing a new site and Special Use Permit application.

Special Use Permits in Residential Districts: In no event shall special use permits in residential districts be transferable from an owner applicant to a subsequent owner of the subject real estate or structure.

b.Standards for Issuance Of Special Use Permits. Generally, before any permit shall be granted, the Planning Commission shall make written findings certifying that adequate provision has been made for the following:
1.The location and size of the proposed use in relation to the site and to adjacent sites and uses of property, and the nature and intensity of operations proposed thereon.

2.Accessibility of the property to police, fire, and refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.

3.Utilities and services, including water, sewer, drainage, gas and electricity, with particular reference to location, availability, capacity and compatibility.

4.The location, nature and height of structures, walls, fences, and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.

5.The adequacy of required yard and open space requirements and sign provisions.

6.The general compatibility with adjacent properties, other properties in the district, and the general safety, health and comfort and general welfare of the community and surrounding neighborhood.

c.Special Uses Designated. The following uses shall be subject to approval of a special use permit by the Governing Body and all applicable development, performance and special standards, unless said use is an allowed use in the zoning district for which it would be located.

1.Amusement parks, commercial baseball or athletic fields, racetracks, circuses, carnivals or fairgrounds.
2.Aviation fields or airports.
3.Automobile or boat detailing
4.Bed and Breakfast Facility
5.Buildings or the use of premises for public utility services which are necessary for public convenience and welfare.
6.Camping areas including minor and incidental concession facilities for patrons only.
7.Cemetery, mausoleum, or crematory.
8.Clubs-Private (establishments which dispense alcoholic beverages).
9.Communication Towers, radio antennas, and similar appurtenances.
10.Conservation or flood control projects.
11.Dance Studios.
12.Day nursery or preschool, and daycare facility.
13.Extraction of raw materials such as ore, rock, gravel, sand, clay and the like, including screening, crushing, washing or storage.
14.Federally licensed firearms dealer
15.Golf driving ranges, commercial.
16.Group homes, adult day care centers, and boarding homes for the elderly and/or infirm.
17.Gun clubs, skeet shoots or target ranges.
18.Hospitals, clinics, correctional institutions and nursing homes.
19.In-Home Beauty Salon
20.Nurseries and greenhouses. (Wholesale or retail)
21.Parking lots on land within two hundred (200) feet of and serving multiple families, commercial and industrial development.
22.Philanthropic or eleemosynary (charitable organizations) institutions.
23.Riding stables and commercial dog kennels.
24.Senior Citizens Center
25.Sewage, refuse, garbage disposal plants and sanitary land fills.
26.Water Reservoirs, water wells, water tower, filter beds or water supply plants.
27.Any use located within the flood plain as defined on the official Flood Insurance Rate Map of the City as issued by the Federal Emergency Management Agency.
28.Uses requiring special permit as enumerated in Section 18 - "I-H" Heavy Industrial District.
29.The use of an accessory building for any use other than as defined in Section 23 and which requires the extension of public water or sanitary sewer service.

d.Signs. Refer to Section 25 of this Zoning Ordinance for sign regulations.

e.Procedures.

1.Application: Special Use Permits shall only be considered upon the applicant's submittal of a completed application. A written application for a special use permit shall be filed with the Planning and Zoning Department and shall include a statement indicating the section of the ordinance which the permit is sought, the grounds upon which it is requested, and sufficient evidence to show that the use will conform to the standards set forth in this Zoning Ordinance. The application shall include an area map, site plan and timeline of the subject property. The applicant shall submit a site plan along with his application, which shall show the uses and location of uses with respect to the existing buildings and uses in the surrounding area. The site plan will be used to determine what effect such use will have on the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare.

2.Fees: Every application for a special use permit shall be subject to a filing fee which is in effect at the time of application and as established by the Governing Body.

3.Procedures for Considering Application: All applications for special use permits shall be considered in accordance with the same procedures for amending zoning district boundaries stated in Section 27-011, and the Planning Commission and Governing Body shall make findings based on the criteria stated in Section 22-020.b, but shall not be precluded from consideration of other factors which may be relevant to a particular application.

4.Findings: In making a recommendation to the Governing Body, the Planning Commission shall specify the particular grounds relied upon and their relation to the proposed use and shall make affirmative that the proposed use conforms with the general standards set forth in this article. In no case shall an exception be granted if the proposed use will constitute a nuisance, public health, or safety hazard to adjacent properties or to the community at large.

5.Action by Governing Body: The Governing Body shall consider the Planning Commission's recommendation at the next regular scheduled Governing Body meeting after a 14 day waiting period for which the agenda item can be docketed. The Governing Body shall consider the recommendation of the Planning Commission and act in accordance with the procedures for amending zoning district boundaries.

6.Publication: The final decision by the Governing Body, if approved, must be published in the official city newspaper within 30 days.

f.Time Limit.
1.Sunset: A special use permit shall expire unless a building permit is taken within 12 months to effectuate such specially permitted use; or if no building permit is required, evidence of use is filed with building inspector.

2.Abandonment: Once a specially permitted use ceases or is abandoned for a period of more than 12 months, the special use permit shall expire.

3.Home Occupation: A special use permit for a home occupation shall not be transferable to a new owner of the real estate.

g.Revocation of Special Use Permits.
1.Basis for revocation: Any special use permit granted under the authority of this chapter is subject to revocation for any or all of the following reasons:
(a)Noncompliance with any applicable requirement set forth in this Section.
(b)Noncompliance with any special conditions imposed at the time of approval of the special use permit.
(c)Violation of any provisions of the Municipal Code pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the owner or agents of the owner.
(d)Where conditions in the neighborhood or surrounding property have changed to the extent that approval of the permit would be clearly unwarranted if being applied for at the time of revocation.

2.Procedure for revocation:
a)Revocation proceedings may be initiated by a majority vote of the Governing Body or Planning Commission in accordance with the procedural requirements specified in the Planning Commission bylaws.
b)An appeal of any decision of the Governing Body to revoke a special use permit may be filed in the District Court of Leavenworth County, Kansas, pursuant to KSA. 12-760, or amendments thereto. Any appeal taken shall not suspend the order of revocation during the pendency of the appeal, unless so ordered by the District Court.

And Section 32 Definitions shall read as follows:

Artisan: On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include woodworking and cabinets, ceramics, jewelry manufacturing and similar types of arts and crafts or very small- scale hand manufacturing uses that have no negative external impacts on surrounding properties.

Home Occupations: An accessory use of a service character, having no outwardly appearance that the building or premises is being used for any use except for dwelling purposes and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character, thereof; and subject to the provisions set forth in Section 22.

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, THIS 22nd DAY OF JUNE, 2009
/s/ Michael Vestal
Michael Vestal,
Mayor

Attest:
/s/ Kathy Y. Bard
Kathy Y. Bard,
City Clerk
_______