Holyrood Ordinance Condemnation of Land for Wastewater Treatment System
(First Published in the Ellsworth County Independent/
Reporter, October 18, 2018)
ORDINANCE NO. 610
AN ORDINANCE AUTHORIZING AND PROVIDING
FOR THE ACQUISITION OF LANDS BY
CONDEMNATION FOR THE PUBLIC PURPOSE
OF CONSTRUCTING AND MAINTAINING A NEW WETLAND CELL FOR THE CITY SANITARY WASTEWATER TREATMENT SYSTEM OUTSIDE THE CORPORATE
LIMITS OF THE CITY OF HOLYROOD,
ELLSWORTH COUNTY KANSAS.
WHEREAS, the Governing Body of the City of Holyrood, Kansas did by Resolution No. 609, declare the necessity for, and authorize a survey and description of lands or interests therein to be acquired by the City for the following:
Constructing, improving, repairing rehabilitating and extending the wastewater treatment system.
The project includes construction of a new wetland cell, condemnation costs; preliminary and final engineering; survey; staking; grading; erosion control; appraisal fees; construction supervision/inspection; testing; and other related improvements to be constructed with the main improvement; City administrative costs; legal fees; and costs associated with any necessary bonds, interest expense associated with financing the improvement and other necessary appurtenances; and
WHEREAS, said surveys and descriptions were prepared and are maintained at the Holyrood City Hall.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOLYROOD, KANSAS:
SECTION ONE: It is hereby authorized and provided that the lands or interests therein, hereafter described, be acquired for the following improvement:
Constructing, improving, repairing rehabilitating and extending the wastewater treatment system.
The project includes construction of a new wetland cell, condemnation costs; preliminary and final engineering; survey; staking; grading; erosion control; appraisal fees; construction supervision/inspection; testing; and other related improvements to be constructed with the main improvement; City administrative costs; legal fees; and costs associated with any necessary bonds, interest expense associated with financing the improvement and other necessary appurtenances; and
INTEREST TO BE ACQUIRED: The City of Holyrood is seeking to acquire fee simple surface rights to the property. In addition, the City of Holyrood is seeking to acquire the right of any party to access the minerals beneath the surface by and though the surface of the property, and the right of any other party to interfere with the City of Holyrood’s use of the surface rights of the property. The City of Holyrood is specifically not seeking to acquire any rights to the existing or future production of minerals from the property.
SURFACE OWNERS/CONDEMNEES:
Frevert Family Trust
Tamara B. “Tammy” Derloshon
John D. Boye, a/k/a J.D. Boye
Glen F. Snyder Trust
SITUS ADDRESS: A tract of land in the West Half of Section 11, Township 17 South, Range 10 West in Holyrood, Ellsworth County, Kansas.
MAILING ADDRESSES: Frevert Family Trust, 1227 N. Ridge Ave, Liberty MO 64068-1359;
Tamara B. “Tammy” Derloshon, 17034 W. 67th Circle, Arvada CO 80007-3887;
John D. Boye, a/k/a J.D. Boye, 15984 E. Loyola Dr., Aurora, CO 80013;
Glen F. Snyder Trust, 1004 Pumpkin Ridge, Gardner KS 66030;
Lila Lou Hambilin, 980 E. Betsy Ln., Gilbert, AZ 85296-9774;
Mary Lee Frevert, 13691 Marina Dr., #103, Aurora, CO 80014
LIEN HOLDERS: NONE
MINERAL OWNERS/LEASEHOLDERS: Frevert Family Trust, 1227 N. Ridge Ave, Liberty MO 64068-1359;
Tamara B. “Tammy” Derloshon, 17034 W. 67th Circle, Arvada CO 80007-3887;
John D. Boye, a/k/a J.D. Boye, 15984 E. Loyola Dr., Aurora, CO 80013;
Glen F. Snyder Trust, 1004 Pumpkin Ridge, Gardner KS 66030;
Lila Lou Hambilin, 980 E. Betsy Ln., Gilbert, AZ 85296-9774;
Mary Lee Frevert, 13691 Marina Dr., #103, Aurora, CO 80014
Bent Royalty, LLC, 1321 Farmstead, Wichita KS 67208;
Red Ridge, LLC, 508 W. 24th Street, Hays KS 67601-3012;
Kirkpatrick Properties LLC, HRC 14 NE 100 Ave., Ellinwood KS 67526;
Ron and Audrey Herold, 210 W. 22nd, Hays KS 67601;
Bill Woodral, P.O. Box 321, Great Bend KS 67530;
D & D Enterprise, P.O. Box 1438, Great Bend KS 67530;
Coats Energy, Inc., P.O. Box 744, Wichita KS 67201-0744;
Gary Dykes, P.O. Box 213, Great Bend KS 67530;
Melanie Pray, 220 South Pioneer Ave, Lyons KS 67554;
Janet Korbe, 2212 10th Street, Great Bend KS 67530;
Kevin & Nancy Wirth, 2150 NE 110 Ave., Claflin KS 67525;
Rick Kirkpatrick, 14 NE 100 Ave., Ellinwood KS 67526;
MJT Oil Co., P.O. Box 112, Gorham KS 67640;
Dale & Mae Smith Rev. Trust, 3210 26th Street, Great Bend KS 67530;
Simpson Oil & Gas, LLC, 1515 Commerce Parkway, Hays KS 67601;
Jason Oil Co., LLC, P.O. Box 701, Russell KS 67663;
Clem Karlin, 1582 Buckeye Rd., Hays KS 67601;
Wineland Oil-LLC, 3704 Thunderbird Dr., Hays KS 67601;
Funk Oil & Operating LLC, 127 Eaves Dr., Russell KS 67663;
RF Oil, LLC, 805 W 31st, Hutchison KS 67502;
Outlaws, LLC, P.O. Box 1485, Great Bend KS 67530;
Brian Schroeder, 2511 Morton St., Great Bend KS 67530;
James L. Lutz, 8430 Hollynn Lane, Apt. 109, Lincoln NE 68512;
Jeffrey A. Burk d/b/a Peterra Energy Services, 110 S. Main Suite 510, Wichita KS 67202;
HAK Oil, LLC, 1219 Turkey Creek Dr., McPherson KS 67460;
Michael and Amy Schaeffer, 4101 Truman Circle, Hays KS 67601;
Michael T. Kern, 546 SE 50 Rd., Ellinwood, KS 67526;
Bickle Energies, LLC, 2052 250th Ave., Hays KS 67601.
LEGAL DESCRIPTION OF THE PROPERTY TO BE ACQUIRED:
A TRACT OF LAND IN THE WEST HALF OF SECTION 11, TOWNSHIP 17 SOUTH, RANGE 10 WEST IN HOLYROOD, ELLSWORTH COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 11, TOWNSHIP 17 SOUTH, RANGE 10 WEST; THENCE ALONG THE WEST LINE OF SAID SECTION 11 NORTH 00° 05’ 54” EAST, 149.84 FEET; THENCE LEAVING SAID WEST LINE NORTH 89° 41’ 32” EAST, 30 FEET TO THE EAST RIGHT OF WAY LINE OF 5TH ROAD; THENCE LEAVING SAID EAST RIGHT OF WAY LINE AND CONTINUING NORTH 89° 41’ 32” EAST, 612.32 FEET; THENCE NORTH 00° 03’ 56” EAST, 216.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 83° 47’ 39” EAST, 214.62 FEET; THENCE 346.13 FEET ALONG A 1878.79 FOOT RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 89° 09’ 11” EAST, 345.64 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE SOUTH 00° 01’ 43” WEST, 952.55 FEET; THENCE NORTH 89° 20’ 26” WEST, 559.58 FEET; THENCE NORTH 00° 03’ 56” EAST, 917.80 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND THE POINT OF BEGINNING. ALL LYING IN THE WEST HALF OF SECTION 11, TOWNSHIP 17 SOUTH, RANGE 10 WEST IN HOLYROOD, ELLSWORTH COUNTY, KANSAS. CONTAINING 12.13 ACRES, MORE OR LESS. BEARINGS ARE ASSUMED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 17 SOUTH, RANGE 10 WEST. SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
SECTION TWO: It is further authorized and provided that, as soon as practicable after the passage of this ordinance, action be initiated to exercise the power of eminent domain in accordance with K.S.A. 26-501 et seq., the Eminent Domain Procedure Act, to condemn all lands and interests therein hereinbefore described.
SECTION THREE: This ordinance shall take effect and be in force from and after its publication in the official City newspaper.
PASSED by the City Council this 15TH day of October, 2018.
CITY OF HOLYROOD, KANSAS
Kenny A. Schepmann, Mayor
[SEAL]
ATTEST:
Stephanie Petermann, City Clerk
1t 10/18
