Ordinance 833 passed 10/17/2022 De-annexation certain property from city limits of City of Lecompton

ORDINANCE NO. 833

AN ORDINANCE GRANTING PETITION TO DE-ANNEX PROPERTY WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF LECOMPTON, KANSAS.

WHEREAS, Richard Nichols, the owner of certain property described herein below, petitioned the City pursuant to K.S.A. 12-504 et seq. to de-annex his property from the corporate boundaries of the City of Lecompton, Kansas; and

WHEREAS, in accordance with K.S.A. 12-504(a), the City Council designated that the public hearing on the de-annexation petition shall be conducted by the Lecompton Planning Commission; and

WHEREAS, notice of a public hearing on the petition for de-annexation was published in the official City newspaper, and a public hearing was held on August 24, 2022, all in accordance with the requirements of K.S.A. 12-504 et seq.; and

WHEREAS, at the conclusion of the public hearing, the Lecompton Planning Commission voted in favor of recommending that the de-annexation petition be granted and submitted such recommendation to the City Council; and

WHEREAS, on October 3, 2022, the City Council considered the de-annexation petition and hereby enacts this Ordinance, all in accordance with the requirements of K.S.A. 12-504 et seq.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LECOMPTON, KANSAS:

SECTION 1. Findings. In accordance with K.S.A. 12-505, the City Council finds and concludes that no private rights will be injured or endangered by such exclusion of land from the corporate boundaries of the City, that the public will not suffer loss or inconvenience because of such exclusion, and that justice to the owner requires that the petition ought to be granted and the de-annexation of the land be ordered.

SECTION 2. De-annexation. The City Council hereby grants said petition and the following described property is hereby de-annexed from the corporate boundaries of the City of Lecompton, Kansas:

TRACT 1.
The East One-Half (½) of Section Ten (10), Township Twelve (12) Range Eighteen (18) East in Douglas County, Kansas.

Less:

Beginning at the Southeast Corner of Section Ten (10), Township Twelve (12), South, Range Eighteen (18) East, of the 6th P.M., thence North 330 feet, thence West 1320 feet, thence South 330 feet, thence East 1320 feet to the point of beginning in Douglas County, Kansas.

Also Less:

A tract of land in the Northeast Quarter of Section Ten (10), Township Twelve (12) South, Range Eighteen (18) East of the 6th P.M., described as follows:

Beginning at a point on the East line, 1308.00 feet North of the Southeast corner of said Quarter Section; thence South 00˚00’38” East (assumed bearing), along said East line, 330.00 feet; thence South 89˚52’22” West, 660.00 feet; thence North 00˚00’38” West, 330.00 feet; thence North 89˚52’22” East, 660.00 feet to the point of beginning, all in Douglas County, Kansas.

Also Less:

Beginning at a point 330 feet North of the Southeast corner of the Northeast Quarter of Section Ten (10), Township Twelve (12) South, Range Eighteen (18) East of the 6th P.M.; thence North 330 feet; thence West 660 feet; thence South 330 feet; thence East 660 feet to the point of beginning, containing approximately 5 acres.

Also Less:

A tract of land in the Northeast Quarter of Section Ten (10), Township Twelve (12) South, Range Eighteen (18) East of the 6th P.M., Douglas County, Kansas, more particularly described as follows:

Beginning at a point 330 feet North and 660 feet West of the Southeast corner of the Northeast Quarter of Section Ten (10), thence North parallel with the East Quarter section line 330 feet; thence West 50 feet; thence South parallel with the East Quarter section line 330 feet; thence East 50 feet to the point of beginning, containing .378 acres, more or less.

TRACT 2:
Beginning at the Southeast corner of the Southeast Quarter of Section Three (3), Township Twelve (12) South, Range Eighteen (18) East of the 6th P.M., in Douglas County, Kansas; thence North 65 rods; thence West 98½ rods; thence South 65 rods; thence East 98½ rods to the place of beginning; containing 40 acres; also,

Beginning at a point 406 feet South of the Northeast corner of the Southeast Quarter of Section Three (3), Township Twelve (12) South, Range Eighteen (18) East of the 6th P.M., in Douglas County, Kansas; thence West 833 feet; thence South 1154 feet to D.M. Hills’ North line; thence East 833 feet; thence North along the Lawrence Road 1154 feet to the place of beginning.

TRACT 3:
Beginning at a point 406 feet South of the Northwest corner of the Southwest Quarter of Section Two (2), Township Twelve (12) South, Range Eighteen (18) East of the 6th P.M., in Douglas County, Kansas; thence South 585 feet to the Lecompton and Lawrence Middle Road; thence East along said Road 998 feet; thence North 611 feet; thence West 990 feet, more or less, to the place of beginning.

SECTION 3. Recording. The City Clerk shall deliver a certified copy of this Ordinance to the Douglas County Register of Deeds so that the de-annexation is properly recorded and the excluded land is designated as no longer being within the corporate boundaries of the City of Lecompton.

SECTION 4. All ordinances or parts or sections of ordinances in conflict herewith are hereby repealed.

SECTION 5. This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 17th day of October, 2022.

_________
THE HONORABLE JIMMY WILKINS, Mayor

ATTEST:

LYNLEY SANFORD, City Clerk