ORDINANCE NO. 9100
SPECIAL USE PERMIT NO. SUP-15-00019
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR A RECYCLING PROCESSING CENTER AND A SCRAP AND SALVAGE OPERATION ON THAT REAL PROPERTY, COMMONLY KNOWN AS 1006 AND 1010 EAST 11TH STREET, LAWRENCE, DOUGLAS COUNTY, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. In accordance with City of Lawrence, Kan., Code §§ 20-1306 and 20-1307(c)(2) (Jan. 1, 2015), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-15-00019, for that real property, commonly known as 1006 and 1010 East 11th Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
Lot 1, BLOCK 1, A FINAL PLAT OF CONSOLIDATED LUMBER ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS
and
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 20 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 01°30'49" WEST ALONG THE WEST LINE OF SAID QUARTER SECTION, 385.06 FEET AND SOUTH 76°53'35" EAST, 292.11 FEET FROM THE SOUTHWEST CORNER OF SAID QUARTER SECTION, SAID POINT BEING ON A LINE PARALLEL WITH AND 25.0 FEET NORTH OF THE CENTERLINE OF THAT CERTAIN TRACK DESIGNATED IN THE RECORDS OF THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY AS TRACK NUMBER 11 AT LAWRENCE, KANSAS; THENCE SOUTH 76°53'35" EAST ALONG SAID PARALLEL LINE, 398.2 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN 22,383 SQUARE FEET PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, RECORDED IN VOLUME 326, PAGE 1405, DOUGLAS COUNTY REGISTER OF DEEDS; THENCE NORTH 51°37'23" WEST ALONG THE SOUTHWESTERLY LINE OF SAID 22,383 SQUARE FEET PARCEL AND ALONG THE SOUTHWESTERLY BOUNDARY OF THAT CERTAIN 4.88 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE KANSAS CITY, TOPEKA & WESTERN RAILROAD COMPANY, RECORDED IN BOOK 28, PAGE 560, DOUGLAS COUNTY REGISTER OF DEEDS, 642.02 FEET; THENCE SOUTH 38°22'37" WEST, 63.5 FEET; THENCE SOUTH 51°37'23" EAST, 203.51 FEET; THENCE SOUTH 02°00'39" WEST, 132.24 FT TO THE POINT OF BEGINNING; LESS AND EXCEPT THAT TRACT OF LAND DEEDED IN TRUSTEE’S DEED RECORDED JANUARY 3, 2003, AT BOOK 823, PAGES 1709 AND 1710, IN THE OFFICE OF THE REGISTER OF DEEDS OF DOUGLAS COUNTY, KANSAS
and
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 20 EAST OF THE SIXTH PRINCIPAL MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE NORTH 01°30'49" WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, 385.06 FEET TO THE SOUTH LINE of LoT 1, BLocK 1, of CONSOLIDATED LUMBER ADDition, a subdivision in the city of lawrence, douglas county, kansas; THence South 76°53'35" East ALONG the South LINE of SaiD LoT 1, 292.11 FeeT TO the SouthEast CORner of SaiD LoT 1 FOR a PoinT of BEGinning, Said PoinT ALSO BEING ON the North right of way line of the AT&SF Railway TRack no. 11; thence north 02°00’39” east along the east line of said lot 1, 132.24 feet; thence north 38°22’37” east, 63.50 feet to the south right of way line of the at&sf railway main track; thence south 51°37’23” east along the south right of way line of the at&sf main track, 438.51 feet to the north right of way line of the at&sf railway track no. 11; thence north 76°53’35” west along the north right of way line of the at&sf railway track no. 11, 398.20 feet to the point of beginning, all in the city of lawrence, douglas county, kansas
permitting that real property to have those special uses set forth in Section 2, infra, subject to the conditions established in Section 3, infra.
SECTION 2. The City hereafter permits the subject real property, as granted in Section 1, supra, in accordance with Special Use Permit, No. SUP-15-00019, to have the following special uses: Recycling Processing Center and Scrap and Salvage Operation.
SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special uses described in Section 2, supra, in addition to being subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, as amended, is also subject to the following special conditions:
(a) Execution of a Site Plan Performance Agreement.
(b) Submission of a revised Site Plan to include the following note: “All manholes shall be maintained clear of all storage materials in order to allow the City access to those manholes, as may be necessary.”
SECTION 4. Failure of the applicant, owner, or any successor or assign to abide by the requirements of Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, as amended, or the special conditions established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. SUP-15-00019, in accordance with City of Lawrence, Kan., Code § 20-1605 (Jan. 1, 2015), as amended.
SECTION 5. 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 6. 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 April, 2015.
APPROVED:
___________________________________
Mike Amyx
Mayor
ATTEST:
__________________________________
Diane Trybom
Acting City Clerk
APPROVED AS TO FORM:
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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.