(First published in The Olathe News, June 24, 2017) v. Division No. 14

Transcription

1 (First published in The Olathe News, June 24, 2017) 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 c/o Varnum Armstrong & Deeter, LLC College Boulevard Overland Park, KS Party in Possession: Lienholder: BK OLATHE, LLC n/k/a CVS Health 1785 S. Mur-Len Road Olathe, KS Tr. No. 3 METCALF BANK 7840 Metcalf P. O. Box 4249 Overland Park, KS Easement Holders: Tr. Nos. 3, 8, 9, 13 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 64105

2 Tr. Nos. 3, 8, 9, 13 SUREWEST KANSAS OPERATIONS, LLC a/k/a Surewest Kansas Holdings, Inc. n/k/a Consolidated Communications, Enterprise Services, Inc. c/o Kevin Kastor Manager Regulatory & Legislative Affairs 350 S. Loop 336 W Conroe, TX SUREWEST KANSAS OPERATIONS, LLC Rachel Lipman Reiber 214 S. Chestnut, Suite 3 Olathe, KS Tr. Nos. 3, 8, 9, 13 ATMOS ENERGY CORPORATION P. O. Box Dallas, TX ATMOS ENERGY CORPORATION c/o The Prentice-Hall Corporation System, Kansas, Inc SW Wanamaker Drive, Suite 204 Topeka, KS Tr. Nos. 3, 8, 9, 13 SOUTHWESTERN BELL TELEPHONE COMPANY d/b/a AT&T Kansas 208 S. Akard Street Dallas, TX SOUTHWESTERN BELL TELEPHONE COMPANY c/o The Corporation Company, Inc. 112 SW 7 th Street, Suite 3C Topeka, KS Tr. Nos. 3, 8, 9, 13 COMCAST OF MISSOURI, INC. f/k/a Jones Communications of Missouri, Inc John F. Kennedy Boulevard Pennsylvania, PA COMCAST OF MISSOURI, INC. c/o The Corporation Company, Inc. 112 SW 7 th Street, Suite 3C Topeka, KS Tr. Nos. 3, 8, 9, 13 GOOGLE FIBER KANSAS LLC Legal Department 1600 Amphitheatre Parkway Mountain View, CA GOOGLE FIBER KANSAS LLC c/o Corporation Service company 2900 SW Wanamaker Drive, Suite 204 Topeka, KS 66614

3 Tr. Nos. 3, 8, 9, 13 SPRINT A/K/A CENTURYLINK Communications, LLC f/k/a Qwest Communications 6200 Sprint Parkway Overland Park, KS SPRINT CORPORATION c/o Corporation Service Company 2900 SW Wannamaker Drive, Suite 204 Topeka, KS Tr. Nos. 3, 8, 9, 13 TW TELECOM OF KANSAS CITY, LLC n/k/a Level 3 Communications c/o The Corporation Company 112 S.W. 7 th Street, Suite 3C Topeka, KS Tr. Nos. 3, 8, 9, 13 ZAYO GROUP, LLC f/k/a American Fiber Systems, Inc. c/o Charles Forst th Street, Suite 101 Denver, CO ZAYO GROUP, LLC c/o The Corporation Company, Inc. 112 SW 7 th Street, Suite 3C Topeka, KS Tr. No. 3 CAPITOL FEDERAL SAVINGS & LOAN ASSOCIATION 2100 E. 151 st Street Olathe, KS Tr. No. 3 OTV ENTERPRISES, INC. n/k/a Lifepointe Church, Inc. c/o Christene Norris King Street, Suite 237 Overland Park, KS Tr. Nos. 8 & 9 CRE HERITAGE SQUARE, LLC, A Delaware Limited Liability Company Victoria Haugrud 4600 Wells Fargo Center 90 South 7 th Street Minneapolis, MN 55402

4 CRE Heritage Square, LLC c/o The Corporation Company 112 SW 7 th Street, Suite 3C Topeka, KS Parties in Possession: Lienholder: Tr. No. 8 PRIDE CLEANERS B W. 151 st Street Olathe, KS Tr. No. 8 CRAZY GOOD EATS A W. 151 st Street Olathe, KS Tr. Nos. 8 & 9 GENERAL AMERICA LIFE INSURANCE COMPANY ASSIGNED TO JOHN HANCOCK LIFE INSURANCE COMPANY Reference Loan No T-56, John Hancock Place 200 Clarendon Street Boston, MA Easement Holders: Tr. Nos. 8 & 9 TERRA VENTURE PARTNERS CARL WOODERSON, JR. PAULINE WOODERSON Tr. No ELEVEN, a Texas Corporation 1722 Routh St., Suite 1000 Dallas, TX Eleven, Inc. c/o Corporate Creations Network, Inc E. Douglas Avenue, #700 Wichita, KS Eleven, Inc E. 151 st Street Olathe, KS AND ANY TENANTS OF SUBJECT

5 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. Title to Real Estate Involved 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, permanent utility easements and temporary easements for the purpose of widening, constructing, reconstructing, and maintaining the 151 st Street and Mur-Len Road Geometric Improvements with Signal Project, PN 3-C , and for such other incidental work as needed thereto, involving the following described parcels of land:

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 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

7 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 (continued) 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.

8 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 (continued) 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.

9 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 (continued) TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION:

10 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 3 (continued) Total Temporary Construction Easement Area: 4,421 square feet, more or less.

11 151 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 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

12 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 8 (continued) 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.

13 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 8 (continued) 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.

14 151 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

15 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 9 (continued) 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.

16 151 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.

17 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 (continued) 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.

18 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 (continued) 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:

19 151 ST & MUR-LEN GEOMETRIC IMPROVEMENTS TRACT NO. 13 (continued) TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 4,516 square feet, more or less.

20 THEREFORE, on the 12th day of July, 2017, at 11:45 o'clock A.M., 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: (913) rshaver@olatheks.org ATTORNEY FOR CONDEMNOR