(First published in The Olathe News, July 1, 2017) 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. 17CV03621 v. Division No. 4 Tract No. L GVG OLATHE PORTFOLIO, LLC, an Company, as to an undivided 16.2500% interest, RAF WAGON 3, LLC, an Oregon Limited Liability Company, as to an undivided 10.8333% interest, JACA OLATHE PORTFOLIO, LLC, an Company, as to an undivided 5.4167% interest, PC OLATHE PORTFOLIO, LLC, an Company, as to an undivided 10.8333% interest, and WI OLATHE PORTFOLIO, LLC, a Kansas Limited Liability Company, as to an undivided 56.6667% interest, Lienholders: MUTUAL OF OMAHA BANK ARBOR COMMERCIAL FUNDING, LLC FANNIE MAE
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. 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 easements for constructing missing links in sidewalks in the Ridgeview Elementary School neighborhood for the Safe Routes to School Improvement Project, PN 3-C-092-14, and for such other incidental work as needed thereto, involving the following described parcel of land:
SAFE ROUTES TO SCHOOL TRACT NO. L OWNERSHIP: GVG Olathe Portfolio, LLC, an undivided 16.2500% interest, RAF Wagon 3, LLC, an Oregon Limited Liability Company, as to an undivided 10.8333% interest, JACA Olathe Portfolio, LLC, an undivided 5.4167% interest, PC Olathe Portfolio, LLC, an undivided 10.8333% interest, and WI Olathe Portfolio, LLC, a Kansas Limited Liability undivided 56.6667% interest. PARTIES IN POSSESSION: Unknown SITUS ADDRESS: 400 S. Central Street Olathe, KS 66061 JOHNSON COUNTY PARCEL ID NUMBER: DP63000004 0001 LIENHOLDER: Mutual of Omaha Bank Arbor Commercial Funding, LLC Fannie Mae EASEMENT HOLDER: None
SAFE ROUTES TO SCHOOL TRACT NO. L (continued) PERMANENT SIDEWALK AND UTILITY EASEMENT DESCRIPTION: A Tract of land for Permanent Easement purposes located in Lot 1, Block 4, RIDGEVIEW ADDITION TO THE CITY OF OLATHE, KANSAS, BLOCK 1 TO 4 INCLUSIVE, a subdivision in the City of Olathe, Johnson County, Kansas and according to the Recorded Plat thereof, Bearings are referenced to Grid North of the Kansas State Plane Coordinate System, NAD 83 (2011Adj.), North Zone, and more particularly described as follows: BEGINNING at the Northwest Corner of said Lot 1, Block 4, also being a point on the South Right-of-way line of East Elm Street, as now established; Thence N87 45 36 E along said South Right-of-way line, a distance of 5.00 feet; Thence S42 48 51 W, a distance of 7.08 feet to a point on the East Right-of-way line of South Central Street, as now established; Thence N02 07 54 W along said East Right-of-way line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 12 square feet, more or less. Total Permanent Sidewalk & Utility Easement Area: 12 square feet, more or less
THEREFORE, on the 26th day of July, 2017, at 3:30 o'clock PM, in Division No. 4 of the District Court of Johnson County, Kansas, said Court will take up and consider this petition, as provided by K.S.A. 26-501, 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 66051-0768 Phone: (913) 971-8938 rshaver@olatheks.org ATTORNEY FOR CONDEMNOR