First Published: _____________

First Published: ______________

ORDINANCE NO. 8042

AN ORDINANCE CONDEMNING AND APPROPRIATING INTERESTS IN CERTAIN REAL ESTATE IN DOUGLAS COUNTY, KANSAS, FOR THE PURPOSE AND USE OF SAID CITY FOR THE LOCATION, CONSTRUCTION, OPERATION AND MANTENANCE OF A PUBLIC SANITARY SEWER COLLECTION AND MAIN SYSTEM AND ALL EQUIPMENT AND FACILITIES APPURTENANT THERETO AND DIRECTING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS AS PROVIDED BY LAW TO ACQUIRE SUCH INTERESTS.

BE IT ORDAINED BY THE CITY COMMISSION OF LAWRENCE, KANSAS:

1. The Commission has previously approved Resolution No. 6677 finding the necessity of exercising its power of eminent domain to acquire interests in real property necessary for the location, construction, operation and maintenance of a public sanitary sewer collection and main system, to be know as the Free State Interceptor, within Douglas County, Kansas, and authorizing and directing the City Manager to cause a survey and description of such parcels to be undertaken by a licensed land surveyor or a professional engineer who is competent to conduct a land survey, to thereafter cause such survey to be filed with the City Clerk, and to prepare this ordinance for submission to the City Commission authorizing the exercise of eminent domain; and

2. Such survey and description has been prepared and filed with the City Clerk; and

3. The interests in real estate to be taken for the purposes set forth in paragraph 1 herein are described as follows, to-wit: See Exhibit A, which is attached hereto and incorporated herein by reference.

4. It is hereby found that the costs of such project will be paid by the City of Lawrence, Kansas.

5. The City Attorney is hereby authorized and directed to forthwith file a verified petition in the District Court of Douglas County, Kansas, for the acquisition of the above-described interests in real property by eminent domain pursuant to the Eminent Domain Procedure Act, K.S.A. 26-501, et seq., and to do and perform all things which might be necessary and required by law to acquire such interests in real property as described herein.

6. This ordinance shall constitute the final order setting forth the condemnation of interests in the real estate described herein and the purpose for which the same shall be used.

7. This ordinance shall be in full force and effect from and after its passage and publication according to law.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, on the 10th day of October, 2006.

APPROVED

_______________________________

Honorable Mike Amyx

Mayor

ATTEST:

____________________________________

Frank S. Reeb

City Clerk

Approved as to form and legality:

__________________________________

Toni Ramirez Wheeler

Interim Director of Legal Services

Exhibit A

Tract # 2

Fee Simple Owners: Gerry Owen and Carol L. Owen

Interests to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

The south 75 feet of the west 95 feet of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas, except that part in existing road right-of-way, containing 4,875 square feet, more or less, excluding existing road right-of-way,

allowing the City of Lawrence and its agents, employees, contractors and assigns to enter upon and make use of the above-described area as may be required to locate, lay-out, and carry out the construction and installation of a public sanitary sewer collection and main system, the laying of sanitary mains lines and other sanitary collection lines, and all necessary above and below ground ancillary fixtures and equipment as may be necessary for the operation and maintenance of such system, including but not limited to grading, filling, and repairing the grounds within the area of the easement; removal of dirt, soils or other borrow material; removal of any improvements, personal property or growing things located thereon; and the movement and storage of vehicles, machines, materials, supplies and equipment; and the rights of ingress and egress for such purposes; at the conclusion of construction, the City shall grade the area disturbed by such activity to match the existing grade of the real property immediately abutting such area, with grass areas reseeded and cultivated established lawns re-sodded, without the obligation of subsequent maintenance.

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within the south 75 feet of the west 95 feet of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas,

for the location, laying-out, construction, installation, expansion, repair, maintenance, operation and use of a public sanitary sewer collection main system and all necessary above and below ground ancillary fixtures and equipment as may be necessary for the operation and maintenance of such system; reserving, however, to the Owner(s) the right use and enjoy the lands within the easement, provided that such use shall not interfere with or jeopardize City’s continued use, maintenance, repair and operation of such main, and further provided that no permanent above-ground or subterranean structures, materials, stockpiling, or building shall be erected, constructed or stored on the easement, except that roads, drives, parking lots, drainage facilities, whether paved or otherwise surfaced, curbs, walks, overhead utility wires, fence crossing at approximately right angles and underground utility conduit, pipes and sewers which are non-conflicting may be preserved, operated, constructed, maintained, repaired and utilized by the Owner(s), but notwithstanding such reservation in the event the City is required to, in exercising any right whatsoever acquired herein may temporarily excavate or cut through any road, drive, surface, fence, curb, walk or other structure permitted herein and but shall have no obligation of reconstructing or repairing any items disturbed by construction, but grass areas shall be reseeded and cultivated established lawns re-sodded, without the obligation of subsequent maintenance.

The above-described sanitary sewer main shall be located, constructed and installed so that the entire forty (40) foot wide Permanent Sanitary Sewer Easement lies within the area of the Temporary Construction Easement described above. Within 60 days following completion of the initial installation and location of such sanitary sewer main, the City of Lawrence shall prepare a legal description of the portion of the real property subject to the Permanent Sanitary Sewer Main Easement, and shall thereafter file a Report with the Douglas County Register of Deeds describing the location of such Permanent Sanitary Sewer Main Easement.

Tract # 3

Fee Simple Owners: Lawrence W. Sinks and Carrie E. Sinks

Interests to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 1, Block 1, Bauer Brook Estates No. 3, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

Beginning at the southeast corner of said Lot 1; thence along the south line of said Lot 1 on an assumed bearing of S88°12’52”W, 137.30 feet; thence N80°09’45”W, 231.86 feet to the west line of said Lot 1; thence along said west line N01°48’13”W, 101.52 feet; thence S82°21’23”E, 14.88 feet; thence S80°09’45”E, 227.30 feet; thence N88°12’49”E, 127.09 feet to the east line of said Lot 1; thence along said east line S01°48’13”E, 100.00 feet to the point of beginning, containing 36,923 square feet, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 1, Block 1, Bauer Brook Estates No. 3, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

And

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

The East 50 feet, except the South 100 feet, and the West 150 feet of the East 200 feet of the North 360 feet of said Lot 1, containing 1.880 acres, more or less,

Tract # 4

Fee Simple Owners: Julie K. Lintecum, Trustee of the Julie K. Lintecum Trust dated November 12, 2003

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 1, Block 1, Bauer Brook Estates No. 2, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

Commencing at the southeast corner of said Lot 1; thence along the east line of said Lot 1 on an assumed bearing of N01°48’13”W, 46.72 feet, to the point of beginning; thence N80°09’45”W, 3.71 feet; thence N82°21’23”W, 349.97 feet; thence S66°42’12”W, 75.56 feet to the west line of said Lot 1; thence along said west line N10°48’39”E, 120.77 feet; thence N66°42’12”E, 35.52 feet; thence S82°21’23”E, 364.68 feet to the east line of said Lot 1; thence along said east line S01°48’13”E, 101.52 feet to the point of beginning, containing 41,471 square feet, more or less.

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 1, Block 1, Bauer Brook Estates No. 2, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

Tract # 5

Fee Simple Owners: David A. Freeman and Kathleen Freeman

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 2, Block 1, Bauer Brook Estates No. 5, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

Commencing at the southeast corner of said Lot 2; thence along the east line of said Lot 2 on an assumed bearing of N10°48’39”E, 79.00 feet, to the point of beginning; thence S66°42’12”W, 210.26 feet to the south line of said Lot 2; thence along said south line S88°12’49”W, 163.04 feet; thence N59°35’33’W, 239.74 feet to the west line of said Lot 2; thence along said west line N31°36’27”E, 101.74 feet; thence S42°17’16”E, 5.78 feet; thence S59°35’33”E, 203.23 feet; thence N88°12’49”E, 115.18 feet; thence N66°42’12”E, 258.99 feet to the east line of said Lot 2; thence along said east line S10°48’39”W, 120.77 feet to the point of beginning, containing 1.373 acres, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 2, Block 1, Bauer Brook Estates No. 5, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

Tract # 6

Fee Simple Owners: Bradford T. Sanders and Linda L. Sanders

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 1, Block 1, Bauer Brook Estates No. 5, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

Commencing at the southeast corner of said Lot 1; thence along the east line of said Lot 1 on an assumed bearing of N31°36’27”E, 152.99 feet, to the point of beginning; thence N59°35’33”W, 7.57 feet; thence N42°17’16”W, 351.54 feet to the westerly line of said Lot 1; thence along said westerly line N44°45’52”E, 100.13 feet; thence S42°17’16”E, 335.69 feet to the east line of said Lot 1; thence along said east line S31°36’27”W, 101.74 feet to the point of beginning, containing 34,746 square feet, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 1, Block 1, Bauer Brook Estates No. 5, an Addition in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, in Douglas County, Kansas described as follows:

Tract # 7

Fee Simple Owners: Roger A. Morningstar and Linda A. Morningstar

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 5A as shown by lot split of Lot 5, Block 1 in Bauer Brook Estates filed in Plat Book P-17, Page 394 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian described as follows:

Commencing at the south corner of said Lot 5A; thence along the southeasterly line of said Lot 5A on an assumed bearing of N44°45’52”E, 28.75 feet to the point of beginning; thence N42°17’16”W, 6.57 feet; thence N46°58’55”W, 203.60 feet; thence N58°36’29”W, 150.12 feet to the southwesterly line of said Lot 5A; thence along said southwesterly line N47°08’20”W, 106.96 feet to the west corner of said Lot 5A; thence along the northwesterly line of said Lot 5A N62°21’10”E, 91.81 feet; thence S58°36’29”E, 217.89 feet; thence S46°58’55”E, 217.88 feet; thence S42°17’16”E, 5.52 feet to the southeasterly line of said Lot 5A; thence along said southeasterly line S44°45’52”W, 100.13 feet to the point of beginning, containing 1.026 acres, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 5A as shown by lot split of Lot 5, Block 1 in Bauer Brook Estates filed in Plat Book P-17, Page 394 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian described as follows:

Tract # 8

Fee Simple Owners: Gale W. Bogard and Jill R. Bogard

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 5B of a Lot Split of Lot 5, Block 1, Bauer Brook Estates, filed in Plat Book P-17, Page 394 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, described as follows:

Beginning at the northwest corner of said Lot 5B; thence along the north line of said Lot 5B on an assumed bearing of N74°02’49”E, 90.75 feet; thence S47°42’03”E, 378.52 feet; thence S58°36’29”E, 26.16 feet to the south line of said Lot 5B; thence along said south line S62°21’10”W, 91.81 feet to the south corner of said Lot 5B; thence along the westerly line of said Lot 5B N47°08’20”W, 420.50 feet to the point of beginning, containing 32,740 square feet, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 5B of a Lot Split of Lot 5, Block 1, Bauer Brook Estates, filed in Plat Book P-17, Page 394 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, described as follows:

Tract # 9

Fee Simple Owners: North Folks 160, L.L.C.

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Those parts of Tract A, Bauer Brook Estates No. 5, a Subdivision in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas described as follows:

Beginning at the northeast corner of said Tract A; thence along the east line of said Tract A on an assumed bearing of S47°08’20”E, 527.46 feet; thence N58°36’29”W, 93.30 feet; thence N47°42’03”W, 411.23 feet; thence N69°53’49”W, 55.94 feet to the north line of said Tract A; thence along said north line N74°02’49”E, 51.70 feet to the point of beginning;

together with:

Commencing at the northwest corner of said Tract A; thence along the north line of said Tract A on an assumed bearing of N74°02’49”E, 57.72 feet to the point of beginning; thence continuing along said north line N74°02’49”E, 111.06 feet; thence S09°41’28”W, 410.99 feet; thence S29°24’16”W, 156.59 feet to the west line of said Tract A; thence along said west line N01°52’33”W, 234.35 feet; thence N09°37’39”E, 280.75 feet to the point of beginning;

and together with:

Beginning at the southwest corner of said Tract A; thence along the west line of said Tract A on an assumed bearing of N01°52’33”W, 68.73 feet; thence S42°17’44”E, 90.40 feet to the south line of said Tract A; thence along said south line S88°12’49”W, 58.61 feet to the point of beginning;

all together containing 1.266 acres, more or less.

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

together with:

and together with:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

That part of Tract A, Bauer Brook Estates No. 5, a Subdivision in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas described as follows:

Commencing at the southwest corner of said Tract A; thence along the south line of said Tract A on an assumed bearing of N88°12’49”E, 440.62 feet to the point of beginning; thence N01°50’03”W, 301.71 feet; thence N67°31’04”W, 433.44 feet; thence N29°24’16”E, 50.37 feet; thence S67°31’04”E, 600.23 feet; thence N01°50’03”W, 480.99 feet; thence S47°42’03”E, 69.66 feet; thence S01°50’03”E, 708.76 feet to the south line of said Tract A; thence along said south line S88°12’49”W, 228.11 feet to the point of beginning, containing 2.616 acres, more or less,

Tract # 11 & 12

Fee Simple Owners: John C. Zaricky, III and Klee A. Zaricky, Trustees of the John C. Zaricky, III and Klee A. Zaricky Revocable Living Trust dated May 4, 1994.

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 1B of a lot split of Lot 1, Block 1, Bauer Brook Estates No. 4, filed in Plat Book P-17, Page 655 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, described as follows:

Beginning at the northwest corner of said Lot 1B; thence along the north line of said Lot 1B on an assumed bearing of S84°54’50”E, 199.99 feet; thence S02°15’49”E, 356.24 feet; thence S69°54’38”E, 275.61 feet; thence S47°42’03”E, 43.97 feet to the south line of said Lot 1B; thence along said south line S74°02’49”W, 142.45 feet; thence departing said south line N69°53’49”W, 175.64 feet; thence S09°50’13”W, 114.81 feet to said south line; thence along said south line S74°02’49”W, 111.06 feet; thence departing said south line N09°50’13”E, 222.16 feet; thence N02°15’49”W, 373.77 feet; thence S88°09’26”W, 98.56 feet to the west line of said Lot 1B; thence along said west line N01°52’33”W, 31.20 feet to the point of beginning, containing 1.999 acres, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 1B of a lot split of Lot 1, Block 1, Bauer Brook Estates No. 4, filed in Plat Book P-17, Page 655 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, described as follows:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 1A of a lot split of Lot 1, Block 1, Bauer Brook Estates No. 4, filed in Plat Book P-17, Page 655 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, described as follows:

Beginning at the southwest corner of said Lot 1A; thence along the west line of said Lot 1A on an assumed bearing of N01°52’33”W, 68.80 feet; thence N88°09’26”E, 118.53 feet; thence N24°58’00”E, 320.15 feet; thence N00°52’46”W, 205.79 feet to the north line of said Lot 1A; thence along said north line S66°17’13”E, 108.50 feet; thence S00°52’46”W, 185.02 feet; thence S24°58’00”W, 362.38 feet; thence S02°15’49”E, 29.17 feet to the south line of said Lot 1A; thence along said south line N84°54’50”W, 199.99 feet to the point of beginning, containing 1.542 acres, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 1A of a lot split of Lot 1, Block 1, Bauer Brook Estates No. 4, filed in Plat Book P-17, Page 655 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, described as follows:

Tract # 13

Fee Simple Owners: Douglas J. Compton and Lara Chase Compton

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

Lot 3A as shown by a lot split of Lot 3, Block 1 in Bauer Brook Estates as filed in Plat Book P-17, Page 135 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, and being a strip of land 100 feet wide, lying 50 feet on both sides of a centerline described as follows:

Commencing at the northwest corner of said Lot 3A; thence along the north line of said Lot 3A on an assumed bearing of N88°09’19”E, 387.91 feet to the point of beginning of said centerline; thence S10°14’07”E, 59.80 feet; thence S10°22’19”W, 301.71 feet; thence S00°52’46”W, 222.62 feet to the point of termination of said centerline, being a point on the south line of said Lot 3A, 356.92 feet southeast of the southwest corner of said Lot 3A as measured along the south line thereof; the side lines of said strip being extended or shortened to terminate at the north and south lines of said Lot 3A, containing 1.340 acres, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within Lot 3A as shown by a lot split of Lot 3, Block 1 in Bauer Brook Estates as filed in Plat Book P-17, Page 135 in the Office of the Register of Deeds in Douglas County, Kansas, being in the Northeast Quarter of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian, and being a strip of land 100 feet wide, lying 50 feet on both sides of a centerline described as follows:

Tract # 14

Fee Simple Owners: Westwood, L.L.C.

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

A tract of land in the Northwest Quarter of Section 28, Township 12 South, Range 16 East of the Sixth Principal Meridian, in the City of Lawrence, Douglas County Kansas described as follows:

Beginning at a point on the east line of said Northwest Quarter, said point being the northeast corner of Westwood Hills Addition; thence west along the north line of Westwood Hills 95 feet; thence north, parallel with said east line, 50 feet; thence east parallel with said north line 95 feet to said east line; thence south along said east line, 50 feet to the point of beginning, containing 4,750 square feet, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location in the Northwest Quarter of Section 28, Township 12 South, Range 16 East of the Sixth Principal Meridian, in the City of Lawrence, Douglas County Kansas described as follows:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

A tract of land in the Northwest Quarter of Section 28, Township 12 South, Range 16 East of the Sixth Principal Meridian, in the City of Lawrence, Douglas County Kansas described as follows:

Commencing at a point on the east line of said Northwest Quarter, said point being the northeast corner of Westwood Hills Addition; thence along the north line of Westwood Hills, on an assumed bearing of S88°09’18”W, 95.00 feet to the point of beginning; thence continuing along said north line S88°09’18”W, 310.61 feet; thence N01°52’39”W, 400.00 feet; thence N88°09’18”E, 161.00 feet; thence S01°52’39”E, 350 feet; thence N88°09’18”E, 149.61 feet to a point being 95 feet west of said east line; thence S01°52’39”E, 50.00 feet to the point of beginning, containing 71,880 square feet, more or less,

Tract # 19

Fee Simple Owners: Janette McCullough, Trustee of the Janette McCullough Living Trust

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

A tract of land in the East 10 acres of the West 30 acres of the Northwest Quarter of the Southeast Quarter and in the West Half of the Northwest Quarter of the Southeast Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas being a strip of land 100 feet wide lying 50 feet on both sides of a centerline described as follows:

Commencing at the northwest corner of the Northwest Quarter of said Southeast Quarter; thence along the north line of said Northwest Quarter on an assumed bearing of N88°11’19”E, 613.86 feet to the point of beginning of said centerline; thence S02°01’16”E, 203.83 feet; thence S27°43’26”W, 313.50 feet; thence S07°18’24”W, 435.09 feet; thence S01°35’50”E, 414.04 feet; thence S14°55’23”W, 3.45 feet to a point on the south line of said Northwest Quarter, 385.83 feet east of the southwest corner of said Northwest Quarter as measured along said south line and being the point of termination of said centerline. The side lines of said strip being extended or shortened to terminate at the south and north lines of said Northwest Quarter, containing 3.145 acres, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location in the East 10 acres of the West 30 acres of the Northwest Quarter of the Southeast Quarter and in the West Half of the Northwest Quarter of the Southeast Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas being a strip of land 100 feet wide lying 50 feet on both sides of a centerline described as follows:

Commencing at the northwest corner of the Northwest Quarter of said Southeast Quarter; thence along the north line of said Northwest Quarter on an assumed bearing of N88°11’19”E, 613.86 feet to the point of beginning of said centerline; thence S02°01’16”E, 203.83 feet; thence S27°43’26”W, 313.50 feet; thence S07°18’24”W, 435.09 feet; thence S01°35’50”E, 414.04 feet; thence S14°55’23”W, 3.45 feet to a point on the south line of said Northwest Quarter, 385.83 feet east of the southwest corner of said Northwest Quarter as measured along said south line and being the point of termination of said centerline; the side lines of said strip being extended or shortened to terminate at the south and north lines of said Northwest Quarter,

Tract # 25

Fee Simple Owners: North Forty, L.C.

Interest to be acquired:

A Temporary Construction Easement expiring on April 30, 2008 over, across, upon and under the surface of a tract of land described as follows:

That part of the South Half of the Northwest Quarter of Section 22, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas, described as follows:

Commencing at the southwest corner of said Northwest Quarter; thence along the west line of said Northwest Quarter on an assumed bearing of N01°33’37”W, 663.50 feet to the point of beginning; thence continuing along said west line N01°33’37”W, 438.61 feet; thence N38°01’12”E, 288.50 feet to the north line of said South Half; thence along said north line N88°19’24E, 129.97 feet; thence S38°01’12”W, 335.53 feet; thence S01°33’37”E, 323.52 feet; thence S50°05’36”W, 127.51 feet to the point of beginning, containing 1.591 acres, more or less,

A Permanent Sanitary Sewer Easement over, across, upon and under the surface of a tract of land described as follows:

Twenty (20) feet on either side of the centerline of a sanitary sewer main to be installed at a location within that part of the South Half of the Northwest Quarter of Section 22, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas, described as follows:

Tract # 27