IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CIVIL COURT DEPARTMENT THE CITY OF OVERLAND PARK, KANSAS, A Municipal Corporation Case No. 16-CV-5797 Plaintiff/Condemnor, Division 11 vs. HAROLD AND ANNA SCHLAGEL FAMILY LIMITED PARTNERSHIP, et al. Action involves title to real estate Proceedings pursuant to K.S.A. 26-501, et seq. Defendant/Landowners. AMENDED NOTICE OF APPRAISERS HEARINGS AND VIEWINGS Notice is hereby given that, in accordance with the provisions of the Kansas Eminent Domain Procedure Act, K.S.A. 26 501, et seq., the Court-appointed appraisers will hold a public hearing in the Council Chambers of Overland Park City Hall, 8500 Santa Fe Drive, Overland Park, Kansas, 66212, on Tuesday, January 10, 2017, at 9:00 a.m. The court-appointed appraisers will conduct their viewing immediately after the hearing. The Court-appointed appraisers may hold hearings on the following day without further notice, and may continue the hearings thereafter from day to day or place to place until the hearings are concluded with respect to all properties involved in the action. Any party may present either oral or written testimony at the respective hearing. At the hearings, the appraisers will hear evidence and testimony on all matters pertaining to the appraisal of compensation and the assessment of damages for the taking of the lands or interests therein sought to be acquired by the City in the aboveentitled matter covering the following described lands: TRACT 1: Page 1 of 5
CONDEMNEES: SITUS ADDRESS: Harold and Anna Schlagel Family Limited Partnership No Situs Address Tax Property ID: NF241427-1001 MAILING ADDRESS: Harold and Anna Schlagel Family Limited Partnership PO Box 10 Olathe, KS 66051 RESIDENT AGENT: COPY TO: George J. Schlagel 101 E. Park, Suite 8 Duggan Shadwick Doerr & Kurlbaum, LLC c/o Andrew Spitsnogle 11040 Oakmont Overland Park, Kansas 66210 LIENHOLDERS OF RECORD: EASEMENT HOLDERS OF RECORD: None Consolidated Main Sewer District c/o Johnson County Wastewater 11811 S. Sunset Drive, Suite 2500 Book 200812 at Page 000279 Water District No. 1 of Johnson County, Kansas 10747 Renner Blvd. Lenexa, KS 66219 Book 1021 at Page 172 INTERESTED PARTIES: Miller Brothers Production Company 1300 S. Frazier Street, Suite 102 Conroe, TX 77302 Page 2 of 5
RESIDENT AGENT: Scott H. Miller 427 S. Parker Robert E. Miller 1300 S. Frazier, St. 102 Conroe, TX 77301 Ronald E. Martin Scott H. Miller 427 S. Parker Douglass F. Miller Charles C. Miller Kipley B. Miller J. Paul Burney P.O. Box 159 Conroe, TX 77305-0159 and/or J. Paul Burney 901 N Thompson St. Conroe, TX 77301-2554 Cheyenne 1983 LTD., a Texas limited Partnership By terms and provisions of Oil and Gas Lease as set forth in Book 1781 at Page 330 and assigned in Book 1807 at Page Page 3 of 5
314, and in Book 1853 at Page 163, and in Book 1856 at Page 815. Thomas G. Franzen Johnson County Treasurer 111 S. Cherry Street, Suite 1500 Olathe, Kansas 66061 COPY TO: Robert A. Ford Assistant County Counselor 111 S. Cherry Street, Suite 3200 Olathe, Kansas 66061 FEE SIMPLE ESTATE All that part of the Northwest Quarter of Section 27, Township 14 South, Range 24 East, in the City of Overland Park, Johnson County, Kansas, described as follows: Commencing at the North Quarter corner of said Section 27; thence South 02 29'49" East, along the East line of the Northwest Quarter of said Section 27, a distance of 60.00 feet to the Point of Beginning; thence continuing South 02 29'49" East, along the East line of the Northwest Quarter of said Section 27, a distance of 643.45 feet to its intersection with the Northeasterly line of 179th Street as established by a Deed of Dedication recorded March 20, 1998 as Document Number 2805920 in Book 5509 at Page 382 at the Johnson County Register of Deeds Office; thence Northwesterly along said Northeasterly right-of-way line, around a curve to the left that is non-tangent with the exit of the last described course, having an initial tangent bearing of North 36 34'24" West, a central angle of 19 29'22", a radius of 1,722.44 feet, an arc distance of 585.90 feet to the Southeasterly right-of-way line of 175th Street as established by said Deed of Dedication recorded March 20, 1998; thence North 31 47'42" East, along said Southeasterly right-of-way line, a distance of 59.02 feet; thence Northeasterly along said Southeasterly right-of-way line, around a curve to the right that is tangent with the exit of the last described course, having a central angle of 56 11'10", a radius of 399.28 feet, an arc distance of 391.55 feet; thence North 87 58'52" East, along the Southerly right-of-way line of 175th Street as established by said Deed of Dedication recorded March 20, 1998, a distance of 37.27 feet to the Point of Beginning. Containing 3.25 acres or 141,595 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. Page 4 of 5
Respectfully Submitted, The Prier Law Firm, L.L.C. By: /s/ Jason B. Prier Jason B. Prier, KS # 21921 Patrick R. Watkins, KS #23947 832 Pennsylvania Lawrence, Kansas 66044 913-214-6737 (phone) jprier@prierlaw.com pwatkins@prierlaw.com ATTORNEY FOR THE PLAINTIFF/CONDEMNOR THE CITY OF OVERLAND PARK, KANSAS CERTIFICATE OF SERVICE AND PUBLICATION The undersigned attorney certifies that on December 9, 2106, he mailed a copy of this pleading to each of the named Defendants, interested parties, and all counsel of record. He also certifies that he sent a copy of this pleading to the Legal Record on December 9, 2016, for publication on December 13, 2016. /s/ Jason B. Prier Jason B. Prier Page 5 of 5