ORDINANCE NO. 8943

 

AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF INTERESTS IN CERTAIN REAL PROPERTY IN LAWRENCE, KANSAS, FOR THE PURPOSE  AND USE OF SAID CITY IN THE CONSTRUCTION OF A MAIN TRAFFICWAY IMPROVEMENT PROJECT AND ALL FACILITIES APPURTENANT THERETO PURSUANT TO K.S.A. CHAPTER 26, ARTICLES 2 AND 5 AS AMENDED, AS THE SAME RELATE TO CONDEMNATION BY CITIES, AND PURSUANT TO K.S.A. 12-685, ET SEQ. AND RESOLUTION 7050 OF THE CITY OF LAWRENCE, KANSAS.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did, on the 19th day of  November, 2013, adopt Resolution No. 7050 thereby finding and determining it to be necessary and in the public interest to appropriate for public use and purpose, interests in certain real property in the City of Lawrence, Douglas County, Kansas needed for the use by the City of Lawrence, Kansas, in the construction and reconstruction of a main trafficway improvement project beginning generally at a point near the intersection of 23rd Street (Clinton Parkway) and Iowa Street and extending from each of the four corners of said intersection, all in the City of Lawrence, Douglas County, Kansas;

WHEREAS, the Governing Body of the City of Lawrence, Kansas, has heretofore authorized and ordered a survey of the interests in the lands to be condemned to be made by a licensed land surveyor or a competent engineer and said survey has been made and filed with the City Clerk for the City of Lawrence.

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

Section 1.       The above recitals are hereby adopted as if fully set forth herein.

Section 2.       That the Governing Body of the City of Lawrence, Kansas, hereby affirms all its prior orders and declarations of the necessity for the appropriation of certain real property interests for the use of said City for the purpose of the construction and reconstruction of a main trafficway improvement project for the purpose of constructing and maintaining streets, curb and guttering, sidewalks, stormwater facilities, landscaping and driveway improvements and all other uses appurtenant thereto, beginning generally at a point near the intersection of 23rd Street (Clinton Parkway) and Iowa Street and extending from each of the four corners of said intersection, all in the City of Lawrence, Douglas County, Kansas; 

Section 3.       The interests in real estate to be taken for such public purpose are described in the Exhibit A attached hereto.  Said Exhibit A is incorporated by reference as if fully set forth herein.

Section 4.       The interests in said real property described in Section 3 hereof are hereby ordered condemned for the purpose and use set forth in Section 1 hereof.

Section 5.       Attorneys for the City of Lawrence, Kansas, for and on behalf of the Governing Body of the City of Lawrence, Kansas, are hereby authorized and directed to file a verified petition in the District Court of Douglas County, Kansas, for the condemnation and appropriation of the interests in real estate described in Section 3 hereof, pursuant to the Eminent Domain Procedure Act, K.S.A. 2012 Supp. 26-501 et seq., and pursuant to K.S.A. 12-685, et seq., and Resolution No. 7050 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said interests in real estate for said public purpose and improvements.

Section 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. 

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

 

PASSED by the Governing Body this                    day of December,  2013.

 

 

 

                                                                                                                                                           

                                                                                    Michael Dever, Mayor

 

ATTEST:

 

 

 

                                                           

Diane Trybom, Acting City Clerk

 

 

Approved as to form and legality:

 

 

 

                                    ________                   

Toni R. Wheeler, City Attorney

 

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

 

Exhibit A

 

Tract One

 

Property Owner of Record: JNN, LLC

 

TEMPORARY CONSTRUCTION EASEMENT (2309 Iowa St, Douglas County Plate No. U11256)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE DAYS INN ADDITION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT ONE (SAID POINT OF COMMENCING BEING: S.88°06’26”W. 520.00 FEET AND S.1°35’45”E. 80.00 FEET FROM THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE 6TH P.M.); THENCE ALONG A NORTH LINE OF SAID LOT ONE N.88°06’26”E. (SAID DAYS INN ADDITION: N.89°37’34”E.) 15.46 FEET; THENCE ALONG A NORTH LINE OF SAID LOT ONE N.36°28’23”E. (SAID DAYS INN ADDITION: N.38°17’09”E.) 27.93 FEET; THENCE N.88º06'26"E. 251.28 FEET; THENCE S.77º41'46"E. 52.60 FEET TO A POINT ON THE EAST LINE OF SAID LOT ONE (SAID POINT BEING: 15.34 FEET S.1º35'45"E. FROM THE NORTHEAST CORNER OF SAID LOT ONE); THENCE ALONG THE EAST LINE OF SAID LOT ONE S.1º35'45"E. (SAID DAYS INN ADDITION: S.0º03'26"E.) 9.00 FEET; THENCE N.80º36'02"W. 50.55 FEET; THENCE S.88º06'26"W. 175.00 FEET; THENCE S.54º10'04"W. 42.81 FEET; THENCE S.88º06'26"W. 75.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT ONE; THENCE ALONG THE WEST LINE OF SAID LOT ONE N.1º35'45"W. (SAID DAYS INN ADDITION: N.0º03'26"W.) 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.129 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF: S.88°06’26”W. AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF:  S.1°35’45”E.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2014, whichever shall first occur.

ALSO:

A PERMANENT AND PERPETUAL PEDESTRIAN EASEMENT (2309 Iowa St, Douglas County Plate No. U11256)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE DAYS INN ADDITION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE NORTHWEST CORNER OF SAID LOT ONE (SAID POINT OF COMMENCING BEING: S.88°06’26”W. 520.00 FEET AND S.1°35’45”E. 80.00 FEET FROM THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE 6TH P.M.); THENCE ALONG THE NORTH LINES OF SAID LOT ONE N.88°06’26”E. (SAID DAYS INN ADDITION: N.89°37’34”E.) 15.46 FEET; THENCE N.36°28’23”E. (SAID DAYS INN ADDITION: N.38°17’09”E.) 27.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINES AND EAST LINE OF SAID DAYS INN ADDITION THE FOLLOWING FIVE COURSES (1)N.36°28’21”E. (SAID DAYS INN ADDITION: N.38°17’09”E.)  4.09 FEET; THENCE (2)N.77°02’52”E. 51.05 FEET (SAID DAYS INN ADDITION: N.78°18’58”E. 50.99 FEET); THENCE (3)N.88°06’27”E. (SAID DAYS INN ADDITION: N.89°37’34”E.)  200.00 FEET; THENCE (4)S.79°53’38”E. (SAID DAYS INN ADDITION: S.78°16’45”E.)  50.81 FEET; THENCE (5)S.1°35’45”E. (SAID DAYS INN ADDITION: S.0°03’26”E.)  15.34 FEET; THENCE N.77°41’46”W. 52.60 FEET; THENCE S.88°06’27”W. 251.28 FEET TO THE POINT OF BEGINNING, CONTAINING 0.086 ACRES

 

BEARINGS HEREIN ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF: S.88°06’26”W. AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF:  S.1°35’45”E.

 

Tract Two

 

Property Owner of Record: GET Properties, LLC

 

TEMPORARY CONSTRUCTION EASEMENT (2301 Iowa St, Douglas County Plate No. U11257)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE 6TH P.M. IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE EAST LINE OF LOT ONE IN DAYS INN ADDITION A SUBDIVISION IN THE SAID CITY OF LAWRENCE (SAID POINT OF BEGINNING BEING: S.88°06’26”W. 184.98 FEET AND S.1°35’45”E. 71.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 11); THENCE N.88°06’26”E. 109.40 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 59 (IOWA STREET) A PUBLIC STREET IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID US HIGHWAY 59 THE FOLLOWING TWO COURSES (1)S.61°50’33"E. 17.95 FEET; THENCE (2)S.1º35'45"E. 26.43 FEET; THENCE S.88º24'15"W. 15.00 FEET; THENCE N.1º35'45"W. 31.68 FEET; THENCE S.88°14’04”W. 109.98 FEET TO A POINT ON THE EAST LINE OF SAID LOT ONE; THENCE ALONG THE EAST LINE OF SAID LOT ONE N.1°35’45”W. (SAID DAY INN ADDITION: N.0º03'26"W.) 3.42 FEET TO THE POINT OF BEGINNING, CONTAINING 0.020 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF: S.88°06’26”W. AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF:  S.1°35’45”E.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2014, whichever shall first occur.

ALSO:

A PERMANENT AND PERPETUAL PEDESTRIAN AND UTILITY EASEMENT (2301 Iowa St, Douglas County Plate No. U11257)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE 6TH P.M. IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHEAST CORNER OF LOT ONE IN DAYS INN ADDITION A SUBDIVISION IN THE SAID CITY OF LAWRENCE AND ON THE SOUTH RIGHT-OF-WAY LINE OF TWENTY-THIRD STREET A PUBLIC STREET IN THE SAID CITY OF LAWRENCE (SAID POINT OF BEGINNING BEING: S.88°06’26”W. 184.98 FEET AND S.1°35’45”E. 55.67 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 11); THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID TWENTY-THIRD STREET THE FOLLOWING THREE COURSES (1)S.79°50’16”E. 20.76 FEET; THENCE (2)N.88°06’26”E. 70.00 FEET; THENCE (3)S.61°50’33”E. 21.97 FEET; THENCE S.88°06’26”W. 109.40 FEET TO A POINT ON THE EAST LINE OF SAID LOT ONE; THENCE ALONG THE EAST LINE OF SAID LOT ONE N.1°35’45”W. (SAID DAY INN ADDITION: N.0º03'26"W.) 15.34 FEET TO THE POINT OF BEGINNING, CONTAINING 0.026 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF: S.88°06’26”W. AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AS HAVING A BEARING OF:  S.1°35’45”E.

 

Tract Three (2340 Iowa)

 

Property Owner of Record: Donald K. Stephan, Robin R. Abourizk, Fred E. Stevens, Trustees

 

TEMPORARY CONSTRUCTION EASEMENT (2340 Iowa St, Douglas County Plate No. U12604A)

 

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

 

A TRACT OF LAND IN LOT 1 SOUTHRIDGE ADDITION NUMBER 4, A SUBDIVISION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 1, SAID POINT OF BEGINNING BEING 53.82 FEET N.1º35'45"W. FROM THE SOUTHWEST CORNER OF SAID LOT 1 AND ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 59 (IOWA STREET) A PUBLIC STREET IN SAID CITY OF LAWRENCE; THENCE ALONG THE WEST LINE OF SAID LOT 1 AND THE EAST RIGHT-OF-WAY LINE OF SAID US HIGHWAY 59 N.1º35'45"W. 46.18 FEET TO A NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG A NORTH LINE OF SAID LOT 1 N.87º39'56"E. 5.43 FEET; THENCE PARALLEL TO AND 5.43 FEET EASTERLY OF (MEASURED PERPENDICULAR TO) THE WEST LINE OF SAID LOT 1 S.1º35'45"E. 46.26 FEET; THENCE S.88º24'15"W. 5.43 FEET TO THE POINT OF BEGINNING, CONTAINING 0.006 ACRES

 

BEARINGS HEREIN ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST, AS HAVING A BEARING OF: S.1°35’45”E.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2014, whichever shall first occur.

Tract Three (2330 Iowa)

 

Property Owner of Record: Marvin S. Robinson Charitable Remainder Annuity Trust, Dennis A. Mullin, Trustee

 

TEMPORARY CONSTRUCTION EASEMENT (2330 Iowa St, Douglas County Plate No. U12604B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE MARVIN'S ADDITION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT ONE, SAID POINT OF BEGINNING BEING 11.50 FEET N.87º38'44"E. (BEING AN ASSUMED BEARING) FROM THE NORTHWEST CORNER OF SAID LOT ONE AND ON THE SOUTH LINE OF SOUTHRIDGE PLAZA A SUBDIVISION IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE NORTH LINE OF SAID LOT ONE AND THE SOUTH LINE OF SAID SOUTHRIDGE PLAZA N.87º38'33"E. 8.00 FEET; THENCE S.1º35'45"E. 133.71 FEET; THENCE S.88º24'15"W. 4.50 FEET; THENCE S.19º38'42"E. 26.42 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT ONE; THENCE ALONG THE SOUTH LINE OF SAID LOT ONE S.87º39'56"W. 5.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE  N.18º30'25"E. 18.91 FEET; THENCE N.1º35'45"W. 75.38 FEET; THENCE N.2º47'33"E. 65.34 FEET TO THE POINT OF BEGINNING, CONTAINING 0.040 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST, AS HAVING A BEARING OF: S.1°35’45”E.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2014, whichever shall first occur.

ALSO:

A PERMANENT AND PERPETUAL PEDESTRIAN EASEMENT (2330 Iowa St, Douglas County Plate No. U12604B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE MARVIN'S ADDITION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT ONE, SAID POINT OF BEGINNING BEING 5.00 FEET N.87º38'34"E. (BEING AN ASSUMED BEARING) FROM THE NORTHWEST CORNER OF SAID LOT ONE AND ON THE SOUTH LINE OF SOUTHRIDGE PLAZA A SUBDIVISION IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE NORTH LINE OF SAID LOT ONE AND THE SOUTH LINE OF SAID SOUTHRIDGE PLAZA N.87º38'33"E. 6.50 FEET; THENCE S.2º47'33"W. 65.34 FEET; THENCE S.1º35'45"E. 75.38 FEET; THENCE S.18º30'25"W. 18.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT ONE AND THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 59 (IOWA STREET), A PUBLIC STREET IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE WEST LINE OF SAID LOT ONE AND THE EAST RIGHT-OF-WAY LINE OF SAID US HIGHWAY 59 N.1º35'45"W. 93.14 FEET; THENCE N.2º47'54"E. 65.26 FEET TO THE POINT OF BEGINNING, CONTAINING 0.022 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST, AS HAVING A BEARING OF: S.1°35’45”E.

 

ALSO:

A PERMANENT AND PERPETUAL RIGHT OF WAY EASEMENT  (2330 Iowa St, Douglas County Plate No. U12604B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE MARVIN'S ADDITION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT ONE SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SOUTHRIDGE PLAZA, A SUBDIVISION IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE NORTH LINE OF SAID LOT ONE AND THE SOUTH LINE OF SAID SOUTHRIDGE PLAZA N.87º38'34"E. (BEING AN ASSUMED BEARING)(SAID MARVIN'S ADDITION: N.89º12'56"E.) 5.00 FEET; THENCE S.2º47'54"W. 65.26 FEET TO A POINT ON THE WEST LINE OF SAID LOT ONE AND THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 59 (IOWA STREET) A PUBLIC STREET IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE WEST LINE OF SAID LOT ONE AND THE EAST RIGHT-OF-WAY LINE OF SAID US HIGHWAY 59 N.1º35'45"W. 65.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.004 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST,  AS HAVING A BEARING OF: S.1°35’45”E.

 

Tract Four(A) (2300 Iowa)

 

Property Owner of Record: Lynx Associates, LP

 

TEMPORARY CONSTRUCTION EASEMENT (2300 Iowa St, Douglas County Plate No. U11740B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE SOUTHRIDGE PLAZA, A SUBDIVISION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT ONE, SAID POINT OF BEGINNING BEING 11.50 FEET N.87º38'34"E. (BEING AN ASSUMED BEARING) FROM THE SOUTHWEST CORNER OF SAID LOT ONE; THENCE PARALLEL TO AND 11.50 FEET EASTERLY OF (MEASURED PERPENDICULAR TO) THE WEST LINE OF SAID LOT ONE N.1º35'45"W. 135.59 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT ONE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT ONE AND THE SOUTHERLY RIGHT-OF-WAY LINE OF TWENTY-THIRD STREET, A PUBLIC STREET IN THE SAID CITY OF LAWRENCE N.34º33'12"E. 7.79 FEET; THENCE S.1º47'28"E. 100.36 FEET; THENCE N.88º24'15"E. 2.77 FEET; THENCE S.1º35'45"E. 41.42 FEET TO THE SOUTH LINE OF SAID LOT ONE; THENCE ALONG THE SOUTH LINE OF SAID LOT ONE S.87º38'34"W. 7.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.018 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST, AS HAVING A BEARING OF: S.1°35’45”E.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2014, whichever shall first occur.

ALSO:

A PERMANENT AND PERPETUAL PEDESTRIAN EASEMENT (2300 Iowa St, Douglas County Plate No. U11740B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE SOUTHRIDGE PLAZA, A SUBDIVISION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT ONE, SAID POINT OF BEGINNING BEING 5.00 FEET N.87º38'34"E. (BEING AN ASSUMED BEARING) FROM THE SOUTHWEST CORNER OF SAID LOT ONE; THENCE PARALLEL TO AND 5.00 FEET EASTERLY OF (MEASURED PERPENDICULAR TO) THE WEST LINE OF SAID LOT ONEN.1º35'45"W. 126.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT ONE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT ONE AND THE SOUTHERLY RIGHT-OF-WAY LINE OF TWENTY-THIRD STREET, A PUBLIC STREET IN THE SAID CITY OF LAWRENCE N.34º33'12"E. 11.02 FEET; THENCE PARALLEL TO AND 11.50 FEET EASTERLY OF (MEASURED PERPENDICULAR TO) THE WEST LINE OF SAID LOT ONE S.1º35'45"E. 135.59 FEET TO THE SOUTH LINE OF SAID LOT ONE; THENCE ALONG THE SOUTH LINE OF SAID LOT ONE S.87º38'34"W. 6.50 FEET TO THE POINT OF BEGINNING, CONTAINING 0.020 ACRES.

 

ALSO:

A PERMANENT AND PERPETUAL RIGHT OF WAY EASEMENT (2300 Iowa St, Douglas County Plate No. U11740B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE SOUTHRIDGE PLAZA, A SUBDIVISION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT ONE AND ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 59 (IOWA STREET) A PUBLIC STREET IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE WEST LINE OF SAID LOT ONE AND THE EAST RIGHT-OF-WAY LINE OF SAID US HIGHWAY 59 N.1º35'45"W. 120.00 FEET; THENCE CONTINUING ALONG A WESTERLY LINE OF SAID LOT ONE AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID US HIGHWAY 59 N.34º33'12"E. 8.48 FEET; THENCE PARALLEL TO AND 5.00 FEET EASTERLY OF (MEASURED PERPENDICULAR TO) THE WEST LINE OF SAID LOT ONE S.1º35'45"E. 126.78 FEET TO THE SOUTH LINE OF SAID LOT ONE; THENCE ALONG THE SOUTH LINE OF SAID LOT ONE S.87º38'34"W. 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.014 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST,  AS HAVING A BEARING OF: S.1°35’45”E.

 

Tract Four(B) (2300 Iowa)

 

Property Owner of Record: Lynx Associates, LP

 

TEMPORARY CONSTRUCTION EASEMENT (2300 Iowa St, Douglas County Plate No. U11740B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT ONE SOUTHRIDGE PLAZA, A SUBDIVISION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT ONE, SAID POINT OF BEGINNING BEING 5.00 FEET S.1º35'44"E. (BEING AN ASSUMED BEARING) FROM THE SOUTHWEST CORNER OF SAID LOT ONE; THENCE PARALLEL TO AND 5.00 FEET SOUTHERLY OF (MEASURED PERPENDICULAR TO) THE NORTH LINE OF SAID LOT ONE S.87º38'33"W. 303.69 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT ONE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT ONE AND THE SOUTHERLY RIGHT-OF-WAY LINE OF TWENTY-THIRD STREET, A PUBLIC STREET IN THE SAID CITY OF LAWRENCE S.34º33'12"W. 7.50 FEET; THENCE PARALLEL TO AND 11.00 FEET SOUTHERLY OF (MEASURED PERPENDICULAR TO) THE NORTH LINE OF SAID LOT ONE N.87º38'33"E. 283.11 FEET; THENCE S.1º35'45"E. 15.00 FEET; THENCE N.87º38'33"E. 25.00 FEET TO THE EAST LINE OF SAID LOT ONE; THENCE ALONG THE EAST LINE OF SAID LOT ONE N.1º35'44"W. 21.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.051 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST, AS HAVING A BEARING OF: N.87°38’33”E.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2014, whichever shall first occur.

ALSO:

A PERMANENT AND PERPETUAL PEDESTRIAN AND UTILITY EASEMENT (2300 Iowa St, Douglas County Plate No. U11740B)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

A TRACT OF LAND IN LOT ONE SOUTHRIDGE PLAZA, A SUBDIVISION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT ONE AND ON THE SOUTH RIGHT-OF-WAY LINE OF TWENTY-THIRD STREET A PUBLIC STREET IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE NORTH LINE OF SAID LOT ONE AND THE SOUTH RIGHT-OF-WAY LINE OF SAID TWENTY-THIRD STREET S.87º38'33"W. 300.00 FEET; THENCE CONTINUING ALONG A NORTHWESTERLY LINE OF SAID LOT ONE AND THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID TWENTY-THIRD STREET S.34º33'12"W. 6.25 FEET; THENCE PARALLEL TO AND 5.00 FEET SOUTHERLY OF (MEASURED PERPENDICULAR TO) THE NORTH LINE OF SAID LOT ONE N.87º38'33"E. 303.69 FEET TO THE EAST LINE OF SAID LOT ONE; THENCE ALONG THE EAST LINE OF SAID LOT ONE N.1º35'44"W. 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.035 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST, AS HAVING A BEARING OF: N.87º38'33"E.

 

Tract Five (1819 W 23rd Street)

 

Property Owner of Record: La Liona Corporation

 

TEMPORARY CONSTRUCTION EASEMENT (1819 West 23rd St, Douglas County Plate No. U12450-01)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND IN LOT 1 IN MCBIZ SUBDIVISION, A SUBDIVISION IN THE CITY OF LAWRENCE DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 AND ON THE SOUTH RIGHT-OF-WAY LINE OF TWENTY-THIRD STREET A PUBLIC STREET IN THE SAID CITY OF LAWRENCE; THENCE ALONG THE NORTH LINE OF SAID LOT ONE AND THE SOUTH RIGHT-OF-WAY LINE OF SAID TWENTY-THIRD STREET N.87º38'33"E. 25.00 FEET; THENCE PARALLEL TO AND 25.00 FEET EASTERLY OF (MEASURED PERPENDICULAR TO) THE WEST LINE OF SAID LOT 1 S.1º35'45"E. 26.00 FEET; THENCE PARALLEL TO AND 26.00 FEET SOUTHERLY OF (MEASURED PERPENDICULAR TO) THE NORTH LINE OF SAID LOT 1 S.87º38'33"W. 25.00 FEET TO THE WEST LINE OF SAID LOT 1; THENCE ALONG THE WEST LINE OF SAID LOT 1 N.1º35'45"W. 26.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.015 ACRES.

 

BEARINGS HEREIN ARE BASED ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, TOWNSHIP 13 SOUTH, RANGE 19 EAST, AS HAVING A BEARING OF: N.87º38'33"E.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2014, whichever shall first occur.