(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 12020 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 12353 Westgate Street Olathe, KS 66213
EASEMENT HOLDERS: Tr. Nos. 15 & 16 KANSAS CITY POWER & LIGHT COMPANY 1200 Main Street Kansas City, MO 64105 KANSAS CITY POWER & LIGHT COMPANY c/o Corporation Service Company 2900 SW Wanamaker Drive, Suite 204 Topeka, KS 66614 KANSAS CITY POWER & LIGHT COMPANY Victoria Schatz Mail Drop 1KD-16B 1200 Main Street Kansas City, MO 64105 Tr. Nos. 15 & 16 WESTAR ENERGY, INC. c/o Larry Irick 818 S. Kansas Avenue Topeka, KS 66612 Tr. No. 16 KC OLATHE, LLC Paul Fingersh 2020 West 89 th Street, Suite 320 Leawood, KS 66206 KC OLATHE #2, LLC Kessinger Hunter 2600 Grand Boulevard, Suite 700 Kansas City, MO 64108 KC OLATHE #3, LLC Kessinger Hunter 2600 Grand Boulevard, Suite 700 Kansas City, MO 64108 KC OLATHE, LLC KC OLATHE #2, LLC KC OLATHE #3, LLC Kansas Corporation #2, Inc. 4200 Somerset Drive, Suite 208 Prairie Village, KS 66208
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. 12300 W. 95 th Street Lenexa, KS 66215 ADVANCE AUTO PARTS 1310 E. Santa Fe Street LEINHOLDER: ADVANCE STORES COMPANY, INCORPORATED ATTN: Real Estate Department 5008 Airport Road Roanake, VA 24012 ENTERPRISE BANK & TRUST 12695 Metcalf Avenue Overland Park, KS 66213 EASEMENT HOLDERS: ENTERPRISE BANK & TRUST 150 N. Meramec Clayton, MO 63105 UNION GAS SYSTEM, INC. n/k/a ATMOS ENERGY CORPORATION P. O. Box 650205 Dallas, TX 54265-0205 UNION GAS SYSTEM, INC. n/k/a ATMOS ENERGY CORPORATION c/o The Prentice-Hall Corporation System, Kansas, Inc. 2900 SW Wanamaker Drive, Suite 204 Topeka, KS 66614 KANSAS CITY POWER & LIGHT COMPANY
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-083-15, and for such other incidental work as needed thereto, involving the following described parcels of land:
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: DP55370000 0001 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 87 46 20 East, along the South line of said Lot 1, a distance of 50.00 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 02 09 45 West, along said East Right-of- Way line, a distance of 265.00 feet, to a point on the North line of said Lot 1; thence North 87 46 20 East, departing said East Right-of-Way line, along said North Lot line, a distance of 21.67 feet; thence South 02 09 45 East, departing said North Lot line, a distance of 265.00 feet, to a point on said South Lot line; thence South 87 46 20 West, along said South Lot line, a distance of 21.67 feet, to the POINT OF BEGINNING, containing 5,742.55 square feet or 0.13 acres, more or less. TOTAL PERMANENT RIGHT-OF-WAY AREA: 5,742.55 square feet, more or less.
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 87 46 20 East, along the South line of said Lot 1, a distance of 71.67 feet, to the POINT OF BEGINNING; thence North 02 09 45 West, departing said South Lot line, a distance of 265.00 feet, to a point on the North line of said Lot 1; thence North 87 46 20 East, along said North Lot line, a distance of 14.00 feet; thence South 02 09 45 East, departing said North Lot line, a distance of 60.00 feet; thence North 87 46 20 East, a distance of 51.00 feet; thence South 02 09 45 East, a distance of 205.00 feet, to a point on said South Lot line; thence South 87 46 20 West, along said South Lot line, a distance of 65.00 feet, to the POINT OF BEGINNING, containing 14,165.00 square feet or 0.33 acres, more or less. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 14,165.00 square feet, more or less.
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: DP69000000 0001 & DP69000000 0002 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 87 46 20 East, along the North line of said Lot 2, a distance of 20.00 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 87 46 20 East, continuing along said
SANTA FE & RIDGEVIEW GEOMETRIC IMPROVEMENTS TRACT NO. 16 (continued) North Lot line, a distance of 21.67 feet; thence South 02 09 45 East, departing said North Lot line, a distance of 186.03 feet; thence South 19 05 31 East, a distance of 24.46 feet; thence South 59 24 15 East, a distance of 33.34 feet; thence South 87 28 44 East, a distance of 6.87 feet; thence North 87 49 40 East, a distance of 216.33 feet, to a point on the East line of said Lot 2; thence South 02 09 45 East, along said East Lot line, a distance of 11.21 feet, to a point on the North Right-of-Way line of Santa Fe Street, as now established; thence South 87 46 20 West, along said North Right-of-Way line, a distance of 175.00 feet; thence North 02 09 45 West, continuing along said North Right-of-Way line, a distance of 9.50 feet; thence South 87 46 20 West, continuing along said North Right-of-Way line, a distance of 80.00 feet; thence North 41 59 41 West, along the transition for said North Right-of-Way line and said East Right-of-Way line, a distance of 39.03 feet; thence North 02 09 45 West, along said East Right-of-Way line, a distance of 200.00 feet, to the POINT OF BEGINNING, containing 7,230.56 square feet or 0.17 acres, more or less. TOTAL PERMANENT RIGHT-OF-WAY AREA: 7,230.56 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 87 46 20 East, along the North line of said Lot 2, a distance of 41.67 feet, to the POINT OF BEGINNING; thence North 87 46 20 East, continuing along said North Lot line, a distance of 65.00 feet; thence South 02 09 45 East, departing said North Lot line, a distance of 10.00 feet; thence South 87 46 20 West, a distance of 17.00 feet; thence South 02 09 45 East, a distance of 105.00 feet; thence North 87 46 20 East, a distance of 32.00 feet; thence South 02 09 45 East, a distance of 83.12 feet; thence North 87 49 40 East, a distance of 33.33 feet; thence South 02 09 45 East, a distance of 17.00 feet; thence North 87 49 40 East, a distance of 85.00 feet; thence North 02 09 45 West, a distance of 10.00 feet; thence North 87 49 40 East, a distance of 60.00 feet, to a point on the East line of said Lot 2; thence South 02 09 45 East, along said East Lot line, a distance of 23.00 feet; thence South 87 49 40 West, departing said East Lot line, a distance of 216.33 feet; thence North 87 28 44 West, a distance of 6.87 feet; thence North 59 24 15 West, a distance of 33.34 feet; thence North 19 05 31 West, a distance of 24.46 feet; thence North 02 09 45 West, a distance of 186.03 feet, to the POINT OF BEGINNING, containing 17,736.54 square feet or 0.41 acres, more or less. TOTAL TEMPORARY CONSTRUCTION EASEMENT AREA: 17,736.54 square feet, more or less.
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. 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