City of Holyrood vs. Frevert Family Trust et. al Case no. 2018-CV-000053

(First Published in the Ellsworth County Independent/
Reporter, January 31, 2019)

IN THE DISTRICT COURT
OF ELLSWORTH COUNTY, KANSAS

IN THE MATTER OF THE ACQUISITION
OF PROPERTY BY EMINENT DOMAIN BY
THE CITY OF HOLYROOD, KANSAS,         
A Municipal Corporation,
Plaintiff
v.                    
FREVERT FAMILY TRUST, TAMARA B.
DERLOSHON, JOHN D. BOYD, GLEN F. SNYDER
TRUST, LILA LOU HAMBILIN, MARY LEE FREVERT,
BENT ROYALTY, LLC, RED RIDGE, LLC,
KIRKPATRICK PROPERTIES LLC, RON HERALD,
AUDREY HEROLD, BILL WOODRAL, D & D
ENTERPRISE, COATS ENERGY, INC., GARY DYKES,
MELANIE PRAY, JANET KORBE, KEVIN & NANCY
WIRTH, RICK KIRKPATRICK, MJT OIL CO., DALE &
MAE SMITH REV. TRUST, SIMPSON OIL & GAS, LLC,
JASON OIL CO., LLC, CLEM KARLIN, WINELAND
OIL-LLC, FUNK OIL & OPERATING LLC, RF OIL, LLC,
OUTLAWS, LLC, BRIAN SCHROEDER, JAMES L.
LUTZ, JEFFREY A. BURK D/B/A PETERRA
ENERGY SERVICES, HAK OIL, LLC, MICHAEL
SCHAEFFER, AMY SCHAEFFER, MICHAEL T. KERN,
BICKLE ENERGIES, LLC,  ANY UNKNOWN TENANTS
OF SUBJECT PROPERTIES, THE UNKNOWN HEIRS,
EXECUTORS, ADMINISTRATORS, DEVISEES,
TRUSTEES, CREDITORS, AND ASSIGNS OF ANY,
DECEASED DEFENDANTS; THE UNKNOWN
SPOUSES OF ANY DEFENDANTS; THE UNKNOWN
OFFICERS, SUCCESSORS, TRUSTEES, CREDITORS
AND ASSIGNS OF ANY DEFENDANTS THAT ARE
EXISTING, DISSOLVED OR DORMANT CORPORATIONS;
 THE UNKNOWN EXECUTORS, ADMINISTRATORS,
DEVISEES, TRUSTEES, CREDITORS, SUCCESSORS
AND ASSIGNS OF ANY DEFENDANTS THAT ARE
OR WERE PARTNERS OR IN PARTNERSHIP; THE
UNKNOWN GUARDIANS, CONSERVATORS, AND
TRUSTEES OF ANY DEFENDANTS THAT ARE MINORS
OR ARE IN ANYWISE UNDER LEGAL DISABILITY.    
Defendants.
_____________________________________________
PURSUANT TO K.S.A. CH. 26

NOTICE OF APPRAISERS HEARING

Notice is hereby given that the appraisers listed below, appointed by the Court, will, in accordance with the provisions of K.S.A. 26-501 et seq., and amendments thereto, hold a public hearing on all matters pertaining to their appraisal of compensation and the assessment of damages for the taking of the lands or interests therein sought to be taken by the Plaintiff in the above entitled matter covering the following described lands:
TRACT:
    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.

    ALONG WITH A 40’ STRIP OF LAND FOR AN
    INGRESS/EGRESS EASEMENT LYING ALONG
    AND PARALLEL TO THE NORTH LINE OF THE
    TRACT SHOWN HEREON.

Such hearing will commence at 1:30 p.m. on the 15th day of February, 2019 at the Ellsworth County Courthouse, 3rd Floor Courtroom, or on the following day without further notice, and may be continued thereafter from day to day or place to place until the same is concluded with respect to all properties involved in the action.  Any party may appear in person or by an attorney and may present either oral or written testimony by the landowner or other witnesses at such hearing.  Further the appraisers will view the real estate described above at 9:00 a.m. on said date, meeting on the front steps of the Ellsworth County Courthouse before commencing such viewing.
The Court has set the 15th day of February, 2019 for the filing of the awards of these appraisers with the Clerk of the Court, and any party dissatisfied with the award may appeal therefrom as by law permitted within 30 days from the day of filing.

Appraisers:

Dan Johnson
Mark Kennedy
Scott Rolfs

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