ORDINANCE NO. 8999

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, EXCLUDING CERTAIN LANDS FROM THE CITY OF LAWRENCE, KANSAS, VACATING A PLAT THEREOF, RESERVING CERTAIN RIGHTS IN DEDICATED RIGHTS OF WAY, AND REPEALING ORDINANCE NO. 7205.

WHEREAS, by way of City of Lawrence, Kan., Ord. No. 7205 (Apr. 4, 2000), effective April 17, 2000, the City of Lawrence, Kansas, annexed that real property described in Section 2, infra, into the City of Lawrence, Kansas;

WHEREAS, that real property was subsequently platted and certain rights of way were dedicated to the City;

WHEREAS, the owner of that real property described in Section 3, infra, has filed with the City a petition seeking that such real property be excluded from the boundaries of the City;

WHEREAS, the owner of that real property described in Section 3, infra, has also requested the City to vacate the plat of the real property;

WHEREAS, on May 19, 2014, the Lawrence-Douglas County Planning Commission, after giving due and lawful notice in accordance with K.S.A. 12-504 et seq., conducted a public hearing on the owner's petition to exclude that real property described in Section 3, infra, from the boundaries of the city and the request to vacate the plat of said real property;

WHEREAS, at the May 19, 2014, the Lawrence-Douglas County Planning Commission considered the report and recommendation of City Staff, the evidence and testimony adduced at the hearing, and, after deliberations, voted unanimously (9-0) to recommend exclusion of the real property from the boundaries of the City of Lawrence, Kansas, and recommend that the City Commission vacate the plat of the property, but that said exclusion and vacation be made subject to those rights of way dedicated to the City in the plat be retained by the City; and

WHEREAS, on June 3, 2014, the Governing Body considered the recommendations of the Lawrence-Douglas County Planning Commission.

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

SECTION 1. The above-stated recitals are herein adopted and incorporated herein by reference.

SECTION 2. Pursuant to K.S.A. 12-504 et seq., the Governing Body hereby finds that:

            (a)        it has jurisdiction of the subject matter of the petition;

            (b)        due and lawful notice was given by publication as required by law;

            (c)        no private rights will be injured or endangered by the exclusion;

            (d)        the public will suffer no loss or inconvenience by the exclusion; and

(e)        it accepts the recommendation of the Lawrence-Douglas Planning Commission that the petition to exclude the real property from the boundaries of the City and that the plat thereof be vacated subject to the performance of and observance of the regulations, conditions, and restrictions set forth in Section 4, infra.

SECTION 3. Pursuant to K.S.A. 12-504 et seq., the Governing Body orders that the following described real property, to-wit:

LOT ONE, BLOCK ONE, A FINAL PLAT OF EAST HILLS BUSINESS PARK EAST, AN ADDITION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS;

AND

LOT ONE, BLOCK ONE, A FINAL PLAT OF EAST HILLS BUSINESS PARK EAST NO. 2, AN ADDITION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

The above described contains 86.992 acres, more or less.

be excluded from the boundaries of the City, subject to the condition set forth in Section 5, infra.

SECTION 4.   Pursuant to K.S.A. 12-512b, the Governing Body orders that the plat of that real property described in Section 3, supra, be vacated, subject to the condition set forth in Section 5, infra.

SECTION 5. The exclusion of land from the boundaries of the City and the vacation of the plat thereof are hereby made conditioned upon the reservation and retention in the City of all public rights of way dedicated to the City in the plat of the subject property, including the dedicated  rights of way for Noria Road and East 23rd Street that are adjacent to the subject property.

SECTION 6. Ordinance No. 7205 is hereby repealed in its entirety.

SECTION 7. The City Clerk shall file a certified copy of this Ordinance with the Clerk of Douglas County, Kansas, the Register of Deeds for Douglas County, Kansas, and the County Election Commissioner of Douglas County, Kansas.

SECTION 8. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 9.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____ day of June, 2014.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.