(First published in The Olathe News, March 3, 2018) IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CIVIL COURT DEPARTMENT

Transcription

1 (First published in The Olathe News, March 3, 2018) IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CIVIL COURT DEPARTMENT IN THE MATTER OF THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN Case No. 18CV01038 CITY OF OLATHE, KANSAS, Division No. 14 A Municipal Corporation, Condemnor, v. Title to Real Estate Involved Tr. No. 15 HENDRIX PROPERTIES LLC, a Kansas Limited Liability Company Steven W. Hendrix W. 150 th Circle PARTY IN POSSESSION: OLYMPIC CAR WASH Clarence (Bud) Besch 350 N. Ridgeview Road LEINHOLDER: OLYMPIC CAR WASH OF OLATHE, INC. Clarence (Bud) Besch Westgate Street Olathe, KS 66213

2 EASEMENT HOLDERS: Tr. Nos. 15 & 16 KANSAS CITY POWER & LIGHT COMPANY 1200 Main Street Kansas City, MO KANSAS CITY POWER & LIGHT COMPANY c/o Corporation Service Company 2900 SW Wanamaker Drive, Suite 204 Topeka, KS KANSAS CITY POWER & LIGHT COMPANY Victoria Schatz Mail Drop 1KD-16B 1200 Main Street Kansas City, MO Tr. Nos. 15 & 16 WESTAR ENERGY, INC. c/o Larry Irick 818 S. Kansas Avenue Topeka, KS Tr. No. 16 KC OLATHE, LLC Paul Fingersh 2020 West 89 th Street, Suite 320 Leawood, KS KC OLATHE #2, LLC Kessinger Hunter 2600 Grand Boulevard, Suite 700 Kansas City, MO KC OLATHE #3, LLC Kessinger Hunter 2600 Grand Boulevard, Suite 700 Kansas City, MO KC OLATHE, LLC KC OLATHE #2, LLC KC OLATHE #3, LLC Kansas Corporation #2, Inc Somerset Drive, Suite 208 Prairie Village, KS 66208

3 PARTY IN POSSESSION: ASH & M, INC. d/b/a Meineke Car Care Center 1306 E. Santa Fe Street ASH & M, INC. Van Johnston Stone, Jr W. 95 th Street Lenexa, KS ADVANCE AUTO PARTS 1310 E. Santa Fe Street LEINHOLDER: ADVANCE STORES COMPANY, INCORPORATED ATTN: Real Estate Department 5008 Airport Road Roanake, VA ENTERPRISE BANK & TRUST Metcalf Avenue Overland Park, KS EASEMENT HOLDERS: ENTERPRISE BANK & TRUST 150 N. Meramec Clayton, MO UNION GAS SYSTEM, INC. n/k/a ATMOS ENERGY CORPORATION P. O. Box Dallas, TX UNION GAS SYSTEM, INC. n/k/a ATMOS ENERGY CORPORATION c/o The Prentice-Hall Corporation System, Kansas, Inc SW Wanamaker Drive, Suite 204 Topeka, KS KANSAS CITY POWER & LIGHT COMPANY

4 WESTAR ENERGY, INC. AND ANY TENANTS OF SUBJECT PROPERTIES; THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES, CREDITORS, AND ASSIGNS OF ANY DECEASED CONDEMNEES; THE UNKNOWN SPOUSES OF ANY CONDEMNEES; THE UNKNOWN OFFICERS, SUCCESSORS, TRUSTEES, CREDITORS AND ASSIGNS OF ANY CONDEMNEES THAT ARE EXISTING, DISSOLVED OR DORMANT CORPORATIONS; THE UNKNOWN EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES, CREDITORS, SUCCESSORS AND ASSIGNS OF ANY CONDEMNEES THAT ARE OR WERE PARTNERS OR IN PARTNERSHIP; THE UNKNOWN GUARDIANS, CONSERVATORS, AND TRUSTEES OF ANY CONDEMNEES THAT ARE MINORS OR ARE IN ANYWISE UNDER LEGAL DISABILITY, Condemnees. NOTICE OF EMINENT DOMAIN PROCEEDINGS Notice is hereby given to all interested persons that the City of Olathe, Kansas, has filed a Petition for Eminent Domain Proceedings in the District Court of Johnson County, Kansas, for the purpose of acquiring permanent road right-of-way and temporary construction easements for the purpose of widening, constructing, reconstructing and maintaining the Santa Fe & Ridgeview Geometric Improvements Project, PN 3-C , and for such other incidental work as needed thereto, involving the following described parcels of land:

5 SANTA FE & RIDGEVIEW GEOMETRIC IMPROVEMENTS TRACT NO. 15 OWNERSHIP: Hendrix Properties LLC, a Kansas Limited Liability Company PARTIES IN POSSESSION: Olympic Car Wash SITUS ADDRESS: 350 N. Ridgeview Road JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: Olympic Car Wash of Olathe, Inc. EASEMENT HOLDER: The Kansas City Power and Light Company Westar Energy, Inc. PERMANENT RIGHT-OF-WAY DESCRIPTION: Permanent Right-of-Way over part of Lot 1, OLYMPIC CAR WASH, a subdivision of land in the City of Olathe, Johnson County, Kansas, being more particularly described as follows: COMMENCING at the Southwest corner of said Lot 1; thence North East, along the South line of said Lot 1, a distance of feet, to the POINT OF BEGINNING, said point also being on the East Right-of-Way line of Ridgeview Road, as now established; thence North West, along said East Right-of- Way line, a distance of feet, to a point on the North line of said Lot 1; thence North East, departing said East Right-of-Way line, along said North Lot line, a distance of feet; thence South East, departing said North Lot line, a distance of feet, to a point on said South Lot line; thence South West, along said South Lot line, a distance of feet, to the POINT OF BEGINNING, containing 5, square feet or 0.13 acres, more or less. TOTAL PERMANENT RIGHT-OF-WAY AREA: 5, square feet, more or less.

6 SANTA FE & RIDGEVIEW GEOMETRIC IMPROVEMENTS TRACT NO. 15 (continued) TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: Temporary Construction Easement over part of Lot 1, OLYMPIC CAR WASH, a subdivision of land in the City of Olathe, Johnson County, Kansas, being more particularly described as follows: COMMENCING at the Southwest corner of said Lot 1; thence North East, along the South line of said Lot 1, a distance of feet, to the POINT OF BEGINNING; thence North West, departing said South Lot line, a distance of feet, to a point on the North line of said Lot 1; thence North East, along said North Lot line, a distance of feet; thence South East, departing said North Lot line, a distance of feet; thence North East, a distance of feet; thence South East, a distance of feet, to a point on said South Lot line; thence South West, along said South Lot line, a distance of feet, to the POINT OF BEGINNING, containing 14, square feet or 0.33 acres, more or less. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 14, square feet, more or less.

7 SANTA FE & RIDGEVIEW GEOMETRIC IMPROVEMENTS TRACT NO. 16 OWNERSHIP: KC Olathe, LLC, a Kansas Limited Liability Company KC Olathe #2, LLC, a Kansas Limited Liability Company KC Olathe #3, LLC, a Kansas Limited Liability Company PARTIES IN POSSESSION: Unknown Tenant Meineke Car Care Center Advance Auto Parts SITUS ADDRESS: 1300 E. Santa Fe Street 1310 E. Santa Fe Street JOHNSON COUNTY PARCEL ID NUMBER: DP & DP LIENHOLDER: Enterprise Bank & Trust EASEMENT HOLDER: Union Gas System, Inc. n/k/a Atmos Energy Corporation The Kansas City Power and Light Company Westar Energy, Inc. PERMANENT RIGHT-OF-WAY DESCRIPTION: Permanent Right-of-Way over part of Lot 1 and 2, SCOTTDALE, a subdivision of land in the City of Olathe, Johnson County, Kansas, being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 2; thence North East, along the North line of said Lot 2, a distance of feet, to the POINT OF BEGINNING, said point also being on the East Right-of-Way line of Ridgeview Road, as now established; thence North East, continuing along said

8 SANTA FE & RIDGEVIEW GEOMETRIC IMPROVEMENTS TRACT NO. 16 (continued) North Lot line, a distance of feet; thence South East, departing said North Lot line, a distance of feet; thence South East, a distance of feet; thence South East, a distance of feet; thence South East, a distance of 6.87 feet; thence North East, a distance of feet, to a point on the East line of said Lot 2; thence South East, along said East Lot line, a distance of feet, to a point on the North Right-of-Way line of Santa Fe Street, as now established; thence South West, along said North Right-of-Way line, a distance of feet; thence North West, continuing along said North Right-of-Way line, a distance of 9.50 feet; thence South West, continuing along said North Right-of-Way line, a distance of feet; thence North West, along the transition for said North Right-of-Way line and said East Right-of-Way line, a distance of feet; thence North West, along said East Right-of-Way line, a distance of feet, to the POINT OF BEGINNING, containing 7, square feet or 0.17 acres, more or less. TOTAL PERMANENT RIGHT-OF-WAY AREA: 7, square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: Temporary Construction Easement over part of Lot 1 and 2, SCOTTDALE, a subdivision of land in the City of Olathe, Johnson County, Kansas, being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 2; thence North East, along the North line of said Lot 2, a distance of feet, to the POINT OF BEGINNING; thence North East, continuing along said North Lot line, a distance of feet; thence South East, departing said North Lot line, a distance of feet; thence South West, a distance of feet; thence South East, a distance of feet; thence North East, a distance of feet; thence South East, a distance of feet; thence North East, a distance of feet; thence South East, a distance of feet; thence North East, a distance of feet; thence North West, a distance of feet; thence North East, a distance of feet, to a point on the East line of said Lot 2; thence South East, along said East Lot line, a distance of feet; thence South West, departing said East Lot line, a distance of feet; thence North West, a distance of 6.87 feet; thence North West, a distance of feet; thence North West, a distance of feet; thence North West, a distance of feet, to the POINT OF BEGINNING, containing 17, square feet or 0.41 acres, more or less. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 17, square feet, more or less.

9 THEREFORE, on the 20th day of March, 2018, at 1:45 o'clock PM, in Division No. 14 of the District Court of Johnson County, Kansas, said Court will take up and consider this petition, as provided by K.S.A , et. seq., and all amendments thereto. At that time the Court will examine the petition and if the Court finds that the Condemnor has the power of eminent domain and that this taking is necessary to Condemnor's lawful purposes, then three disinterested residents of Johnson County will be appointed and a date set for filing of the Appraisers' Report. CITY OF OLATHE, KANSAS, A Municipal Corporation By: /s/ Ronald R. Shaver Ronald R. Shaver KS #22418 City Attorney 100 East Santa Fe PO Box 768 Olathe, KS Phone: rshaver@olatheks.org ATTORNEY FOR CONDEMNOR