ORDINANCE NO BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

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1 ORDINANCE NO AN ORDINANCE APPROVING THE DESCRIPTION AND SURVEY OF LANDS NECESSARY FOR WIDENING, CONSTRUCTING, RECONSTRUCTING AND MAINTAINING 151 ST STREET AND MUR-LEN ROAD GEOMETRIC IMPROVEMENTS WITH SIGNAL PROJECT, DESIGNATED IN RESOLUTION NO , PASSED AND APPROVED BY THE GOVERNING BODY ON THE 2 ND DAY OF MAY, 2017, PROJECT NO. 3-C BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS: SECTION ONE: The description and survey of lands necessary to acquire permanent road right-of-way, permanent utility easements, and temporary construction easements for widening, constructing, reconstructing and maintaining the 151 st Street and Mur-Len Road Geometric Improvements with Signal Project as prepared by the City Engineer and filed with the City Clerk pursuant to Resolution No , adopted by the Governing Body of the City of Olathe, Kansas, on the 2 nd day of May, 2017, is hereby approved. SECTION TWO: The action of the Governing Body of the City of Olathe, Kansas, in acquiring permanent road right-of-way, permanent utility easements, and temporary construction easements for widening, constructing, reconstructing and maintaining the 151 st Street and Mur-Len Road Geometric Improvements with Signal Project has been declared necessary by the Governing Body. SECTION THREE: The acquisition of permanent road right-of-way, permanent utility easements, and temporary construction easements for the widening, constructing, reconstructing and maintaining the 151 st Street and Mur-Len Road Geometric Improvements with Signal Project is all in accordance with and under the provisions of Chapter 26 of the Kansas Statutes Annotated. SECTION FOUR: That there is hereby declared to be public necessity to acquire by Eminent Domain Proceedings for the purpose of widening, constructing, reconstructing and maintaining the 151 st Street and Mur-Len Road Geometric Improvements with Signal Project the land hereinafter described: 1

2 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 1 OWNERSHIP: Trustees of the First Baptist Church of Olathe, Kansas PARTIES IN POSSESSION: Trustees of the First Baptist Church of Olathe, Kansas SITUS ADDRESS: 2024 E. 151 st Street Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: 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, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. 2

3 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 1 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: All of the North 10 feet of the South 30 feet of the East 70 feet of Lot 9, FIRST BAPTIST CHURCH ADDITION, a subdivision in the City of Olathe, Johnson County, Kansas, described as follows: TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 700 square feet, more or less. 3

4 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 2 OWNERSHIP: Capitol Federal Savings and Loan Association PARTIES IN POSSESSION: Capitol Federal Savings and Loan Association SITUS ADDRESS: 2100 E. 151 st Street Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP B LIENHOLDER: None EASEMENT HOLDER: Cayot s Corner OTV Enterprises, Inc. n/k/a Lifepointe Church, Inc. Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC 4

5 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 2 TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: All that part of Lot 5, CAYOT'S CORNER, a subdivision in the City of Olathe, Johnson County, Kansas, described as follows: Commencing at the Southwest comer of said Lot 5; thence North O 1 51 'l 3" West, along the West line of said Lot 5, a distance of feet to the Point of Beginning; thence North 01 51'13" West, continuing along the West line of said Lot 5, a distance of feet to a point on the North line of the South feet thereof; thence North 87 09'27" East, along the North line of the South feet of said Lot 5, a distance of feet; thence South 02 50'33" East, departing the North line of the South feet of said Lot 5, a distance of feet; thence North 87 09'27" East a distance of feet; thence South 02 50'33" East a distance of 3.87 feet to a point on the North line of 10-feet wide right-of way granted to the City of Olathe, filed with the Johnson County, Kansas Register of Deeds on August 15, 1986, as Instrument No , in Volume 2404 at Page 963; thence South 84 17'29" West, along the North line of said 10-feet wide right-of-way, a distance of feet; thence South 87 09'27" West, continuing along the North line of said 10-feet wide right-of-way, a distance of feet to the Point of Beginning. The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD 83. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 1,564 square feet, more or less. 5

6 151 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 (Easement & Maintenance Agreement with Cayot s Corner same as on Tract #2) OTV Enterprises, Inc. n/k/a Lifepointe Church, Inc. Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC 6

7 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 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. 7

8 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 4 OWNERSHIP: Kenneth Walterman PARTIES IN POSSESSION: Kenneth Walterman SITUS ADDRESS: W. 150 th Terrace Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: MERS as Nominee for Capwest Mortgage Corporation EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. 8

9 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 4 RIGHT-OF-WAY DESCRIPTION: TOTAL RIGHT-OF-WAY AREA: 901 square feet, more or less. PERMANENT UTILITY EASEMENT DESCRIPTION: TOTAL PERMANENT UTILITY EASEMENT AREA: 311 square feet, more or less. 9

10 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 4 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 1,131 square feet, more or less. 10

11 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 5 OWNERSHIP: Joseph P. Sullivan, Jr. and Michelle R. Sullivan, husband and wife PARTIES IN POSSESSION: Joseph P. Sullivan, Jr. and Michelle R. Sullivan SITUS ADDRESS: W. 150 th Terrace Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: MERS as Nominee for Quicken Loans, Inc. EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC 11

12 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 5 TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: TOTAL RIGHT-OF-WAY AREA: 990 square feet, more or less. PERMANENT UTILITY EASEMENT DESCRIPTION: TOTAL PERMANENT UTILITY EASEMENT AREA: 302 square feet, more or less. 12

13 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 5 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 1,278 square feet, more or less. 13

14 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 6 OWNERSHIP: Rodney M. Pierce and Robin G. Pierce, husband and wife PARTIES IN POSSESSION: Rodney M. Pierce and Robin G. Pierce, husband and wife SITUS ADDRESS: W. 150 th Terrace Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: MERS as Nominee for NBH Bank, N.A. EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 14

15 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 6 Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: TOTAL RIGHT-OF-WAY AREA: 493 square feet, more or less. PERMANENT UTILITY EASEMENT DESCRIPTION: TOTAL PERMANENT UTILITY EASEMENT AREA: 104 square feet, more or less. 15

16 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 6 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 1,395 square feet, more or less. 16

17 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 7 OWNERSHIP: Kelly Ward Roberts and Patricia L. Roberts, husband and wife PARTIES IN POSSESSION: Kelly Ward Roberts and Patricia L. Roberts SITUS ADDRESS: S. Bradley Drive Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: First Horizon Home Loan Corporation d/b/a First Horizon Lending Center assigned to U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC 17

18 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 7 TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 533 square feet, more or less. 18

19 151 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 Wooderson, Jr. Pauline Wooderson Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. 19

20 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 8 Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 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. 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: 20

21 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 8 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. 21

22 151 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, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC 22

23 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 9 Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 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. 23

24 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 10 OWNERSHIP: Raymond Dean Dees PARTIES IN POSSESSION: Raymond Dean Dees SITUS ADDRESS: 2142 E. 151 st Terrace Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: MERS as Nominee for Nationstar Mortgage LLC EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. 24

25 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 10 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 1,150 square feet, more or less. 25

26 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 11 OWNERSHIP: 151st Street DMP LLC, a Kansas Limited Liability Company PARTIES IN POSSESSION: Austin s Bar & Grill Q Cleaners Long Life Foot Massage High Plains Supply Harvest Moon 31 st Century Niche Jewelry Bella Nails Younger Liquor KAT Tae Kawn Do Mr. Goodcents Enchanted Gifts SITUS ADDRESS: 2103 E. 151 st Street Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: Bank of Kansas City, N.A. EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC 26

27 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 11 Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: TOTAL RIGHT-OF-WAY AREA: 97 square feet, more or less. 27

28 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 11 PERMANENT UTILITY EASEMENT DESCRIPTION: TOTAL PERMANENT UTILITY EASEMENT AREA: 204 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: 28

29 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 11 The bearings used in this description are Grid North based on the Kansas State Plane Coordinate System, North Zone, NAD 83. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 2,492 square feet, more or less. 29

30 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 12 OWNERSHIP: 151st Street DMP LLC, a Kansas Limited Liability Company PARTIES IN POSSESSION: Pizza Hut Dr. Cory Koch, Chiropractic Lifestyle Center E-Care Dentistry AHI Insurance Group Surya Yoga A Tender Touch SITUS ADDRESS: 2137 E. 151 st Street Olathe, KS JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: Bank of Kansas City, N.A. EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC 30

31 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 12 TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: TOTAL RIGHT-OF-WAY AREA: 582 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: 31

32 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 12 TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 1,999 square feet, more or less. 32

33 151 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, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 Zayo Group, LLC f/k/a American Fiber Systems, Inc. 33

34 151 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. PERMANENT UTILITY EASEMENT DESCRIPTION: 34

35 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 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: 35

36 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 4,516 square feet, more or less. 36

37 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 14 OWNERSHIP: Crown Development, a Kansas Partnership PARTIES IN POSSESSION: Crown Realty Debbie Swinney State Farm Insurance Agency SITUS ADDRESS: No Situs Address JOHNSON COUNTY PARCEL ID NUMBER: DP LIENHOLDER: Miami County National Bank of Paola assigned to Great Southern Bank EASEMENT HOLDER: Kansas City Power & Light Company Surewest Kansas Operations, LLC a/k/a/ Surewest Kansas Holdings, Inc. n/k/a Consolidated, Inc. Atmos Energy Corporation Southwestern Bell Telephone Company d/b/a AT&T Kansas Comcast of Missouri, Inc. f/k/a Jones of Missouri, Inc. Google Fiber Kansas, LLC Sprint a/k/a Centurylink, LLC f/k/a Qwest Company, LLC TW Telecom of Kansas City LLC n/k/a Level 3 37

38 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 14 Zayo Group, LLC f/k/a American Fiber Systems, Inc. RIGHT-OF-WAY DESCRIPTION: TOTAL RIGHT-OF-WAY AREA: 956 square feet, more or less. PERMANENT UTILITY EASEMENT DESCRIPTION: 38

39 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 14 TOTAL PERMANENT UTILITY EASEMENT AREA: 2,109 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 818 square feet, more or less. 39

40 SECTION FIVE: The City Attorney for the City of Olathe, Kansas, is hereby directed, authorized and instructed to make proper application to a Judge of the District Court of Johnson County, Kansas, for the acquisition of permanent road right-of-way, permanent utility easements, and temporary construction easements for the widening, constructing, reconstructing and maintaining the 151 st Street and Mur-Len Road Geometric Improvements with Signal Project, praying for condemnation thereof and the appointment of three disinterested residents of the county to assess, determine the damages and compensation resulting from such condemnation and for such other proceedings as may be required by law. SECTION SIX: This Ordinance shall take effect and be in force from and after its passage and publication as provided by law. PASSED by the Governing Body this 16th day of May, SIGNED by the Mayor this 16th day of May, ATTEST: Michael E. Copeland Mayor David F. Bryant, III Deputy City Clerk (SEAL) APPROVED AS TO FORM: Ronald R. Shaver City Attorney Publish one time and return one Proof of Publication to the City Clerk, one to Public Works, and one to the City Attorney. 40