IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CIVIL COURT DEPARTMENT

Transcription

1 IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CIVIL COURT DEPARTMENT IN THE MATTER OF THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN CITY OF OLATHE, KANSAS, A Municipal Corporation, Condemnor, Case No. 17CV03388 v. Division No. 14 Tr. No. 3 CAYOT S CORNER, a General Partnership, et al. Condemnees. Title to Real Estate Involved NOTICE OF APPRAISERS HEARING Notice is hereby given that the undersigned appraisers appointed by the Court, will, in accordance with the provisions of K.S.A et seq., and amendments thereto, hold a public hearing on all matters pertaining to their appraisal of compensation and the assessment of damages for the taking of the lands or interests therein sought to be taken by the Condemnor in the above-entitled matter covering the following described lands: 1

2 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 OWNERSHIP: Cayot s Corner, a General Partnership PARTIES IN POSSESSION: BK Olathe, LLC n/k/a CVS Health SITUS ADDRESS: 1785 S. Mur-Len Road Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: Metcalf Bank EASEMENT HOLDER: Kansas City Power & Light Company Capitol Federal Savings and Loan Association OTV Enterprises, Inc. n/k/a Lifepointe Church, Inc. Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated Communications, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones Communications of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink Communications, LLC f/k/a Qwest Communications Company, LLC 2

3 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 TW Telecom of Kansas City LLC n/k/a Level 3 Communications Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD 83. TOTAL RIGHT-OF-WAY AREA: 1,352 square feet, more or less. 3

4 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 PERMANENT UTILITY EASEMENT DESCRIPTION: The bearings used in this description are Grid North based on the Kansas State Plane Coordination System, North Zone, NAD 83. TOTAL PERMANENT UTILILTY EASEMENT AREA: 7,640 square feet, more or less. 4

5 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: 5

6 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 TOTAL TEMPORARY CONSTRUCTION EASEMENT Area: 4,421 square feet, more or less. 6

7 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 8 OWNERSHIP: CRE Heritage Square, LLC, a Delaware Limited Liability Company PARTIES IN POSSESSION: Pride Cleaners Crazy Good Eats SITUS ADDRESS: W. 151 st Street Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: General American Life Insurance Company assigned to John Hancock Life Insurance Company EASEMENT HOLDER: Terra Venture Partners, a Kansas General Partnership Carl Wondersome, Jr. Pauline Wenderson Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated Communications, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones Communications of Missouri, Inc. Google Fiber Kansas, LLC 7

8 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 8 Sprint a/k/a Centurylink Communications, LLC f/k/a Qwest Communications Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Communications Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: All that part of Lot 2, HERITAGE SQUARE, a subdivision in the City of Olathe, Johnson County, Kansas, described as follows: Beginning at the Northwest corner of said Lot 2; thence South 02 13'48" East, along the West line of said Lot 2, a distance of feet to the Southwest corner thereof; thence North 87 43'07" East, along the South line of said Lot 2, a distance of feet; thence North 02 13'48" West, along the East line of the West feet of said Lot 2, a distance of feet; thence North 33 39'48" East a distance of feet to a point on the North line of said Lot 2; thence South 87 43'46" West, along the North line of said Lot 2, a distance of feet to the Point of Beginning. Containing 1,681 square feet, more or less. The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD83. TOTAL RIGHT-OF-WAY AREA: 1,681 square feet, more or less. 8

9 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 8 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: All that part of Lot 2, HERITAGE SQUARE, a subdivision in the City of Olathe, Johnson County, Kansas, described as follows: Commencing at the Northwest corner of said Lot 2; thence North 87 43'46" East, along the North line of said Lot 2, a distance of feet to the Point of Beginning; thence South 33 39'48" West a distance of feet; thence South 02 13'48" East, along the East line of the West feet of said Lot 2, a distance of feet to a point on the South line of said Lot 2; thence North 87 43'07" East, along the South line of said Lot 2, a distance of 5.00 feet; thence North 02 13'48" West, along the East line of the West feet of said Lot 2, a distance of feet; thence North 36 24'51" East a distance of feet to a point on the North line of said Lot 2; thence South 87 43'46" West, along the North line of said Lot 2, a distance of feet to the Point of Beginning. Containing 857 square feet, more or less. The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD83. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 857 square feet, more or less. 9

10 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 9 OWNERSHIP: CRE Heritage Square, LLC, a Delaware Limited Liability Company PARTIES IN POSSESSION: Unknown SITUS ADDRESS: W. 151 st Street Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: General American Life Insurance Company assigned to John Hancock Life Insurance Company EASEMENT HOLDER: Terra Venture Partners, a Kansas General Partnership Carl Wooderson, Jr. Pauline Wooderson Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated Communications, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones Communications of Missouri, Inc. Google Fiber Kansas, LLC 10

11 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 9 Sprint a/k/a Centurylink Communications, LLC f/k/a Qwest Communications Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Communications Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: All of the West feet of Lot 1, HERITAGE SQUARE, a subdivision in the City of Olathe, Johnson County, Kansas. Containing 5,020 square feet, more or less. TOTAL RIGHT-OF-WAY AREA: 5,020 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: All that part of Lot 1, HERITAGE SQUARE, a subdivision in the City of Olathe, Johnson County, Kansas, described as follows: Commencing at the Northwest corner of said Lot 1; thence North 87 43'07" East, along the North line of said Lot 1, a distance of feet to the Point of Beginning; thence South 02 13'48" East, along the East line of the West feet of said Lot 1, a distance of feet; thence North 36 58'57" East a distance of feet; thence North 02 13'48" West, along the East line of the West feet of said Lot 1, a distance of feet; thence South 87 46'12" West a distance of feet; thence North 02 13'48" West, along the East line of the West feet of said Lot 1, a distance of feet; thence South 87 46'12" West a distance of feet; thence North 02 13'48" West, along the East line of the West feet of said Lot 1, a distance of feet to a point on the North line of said Lot 1; thence South 87 43'07" West, along the North line of said Lot 1, a distance of 5.00 feet to the Point of Beginning. Containing 4,088 square feet, more or less. The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD83. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 4,088 square feet, more or less. 11

12 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 OWNERSHIP: 7-Eleven, Inc., a Texas Corporation PARTIES IN POSSESSION: 7-Eleven, Inc. SITUS ADDRESS: 2151 E. 151 st Street Olathe, KS JOHNSON COUNTY PARCEL ID NUMBERS: DP & DP LIENHOLDER: None EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated Communications, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones Communications of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink Communications, LLC f/k/a Qwest Communications Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Communications Zayo Group, LLC f/k/a American Fiber Systems, Inc. 12

13 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 RIGHT-OF-WAY DESCRIPTION: The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD 83. TOTAL RIGHT-OF-WAY AREA: 2,040 square feet, more or less. 13

14 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 PERMANENT UTILITY EASEMENT DESCRIPTION: The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD 83. TOTAL PERMANENT UTILITY EASEMENT AREA: 4,971 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: 14

15 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 4,516 square feet, more or less. 15

16 Such hearing will commence at 9:00 o'clock a.m. on the 10th day of August, 2017, in the City Council Chamber at the Olathe City Hall, 100 East Santa Fe, Olathe, Kansas, or on the following day without further notice, and may be continued thereafter from day to day or place to place until the same is concluded with respect to all properties involved in the action. Any party may appear in person or by an attorney and may present either oral or written testimony by the landowner or other witnesses at such hearing. You are further notified that the Court has set the 31st day of August, 2017, for the filing of the awards of these appraisers with the clerk of the court, and any party dissatisfied with the award may appeal therefrom as by law permitted within thirty (30) days from the filing. Al Donoho Tom Slack Barry Martin Appraisers 16