Details for Case #2019-CV-000027.Land Condemnation

(Published in the Hiawatha World 7/12/19)

IN THE TWENTY-SECOND JUDICIAL DISTRICT
DISTRICT COURT, BROWN COUNTY, KANSAS
CIVIL DEPARTMENT


IN THE MATTER OF THE ACQUISITION OF
PROPERTY BY EMINENT DOMAIN,

WESTAR ENERGY, INC.,
Plaintiff,

v.


WOLF RIVER FARMS, LLC; UNITED TELEPHONE COMPANY OF KANSAS F/K/A UNITED TELEPHONE COMPANY OF KANSAS, INC.; ROCKIES EXPRESS PIPELINE LLC; TRANSCANADA KEYSTONE PIPELINE LP; PLATTE PIPE LINE COMPANY, LLC F/K/A PLATTE PIPE LINE COMPANY; FRONTIER FARM CREDIT; TRUSTEES RICHARD AND PAMELA TESORIERO FOR THE RICHARD AND PAMELA TESORIERO FAMILY TRUST, DATED OCTOBER 5, 2012; TRUSTEES MICHAEL AND LISA HERDA FOR THE HERDA FAMILY TRUST, DATED DECEMBER 31, 2012; TRUSTEE KEM IDOL FOR THE KEM S. IDOL REVOCABLE TRUST AGREEMENT, DATED FEBRUARY 15, 2002; RURAL WATER DISTRICT NO. 2 BROWN COUNTY; VAN AND DAWN LARSON; KENT AND ANN LARSON; JOSEPH YAUSSI; TRUSTEE KENT C LARSON FOR THE JAMES J. LARSON AND LOIS E. LARSON REVOCABLE LIVING TRUST, DATED AUGUST 17, 2004; TRUSTEE VAN J. LARSON FOR THE JAMES J. LARSON AND LOIS E. LARSON REVOCABLE LIVING TRUST, DATED AUGUST 17, 2004; TRUSTEE THOMAS L. LOCKWOOD FOR THE THOMAS L. LOCKWOOD & JOYCE E. LOCKWOOD REVOCABLE LIVING TRUST, DATED JUNE 21, 2012; RAINBOW TELECOMMUNICATIONS ASSOCIATION, INC. F/K/A RAINBOW TELEPHONE CO-OP ASSN, INC.; CAROLYN L. SCHAAF; PAUL TWOMBLY; LORI K. HENRY & COREY S. HENRY; JODI M. TWOMBLY; TRUSTEE WILLIS PAPE FOR THE WILLIS J. PAPE REVOCABLE TRUST DATED MARCH 28, 2008; EVA SMITH; ALLISON SMITH; CHARLES SMITH; WENDY SMITH; ERIC SMITH; MAYLEIA REDMON; JOHN MICHAEL REDMON; BROWN COUNTY CONSERVATION DISTRICT F/K/A BROWN COUNTY SOIL CONSERVATION DISTRICT; STATE OF KANSAS, KANSAS DEPT. OF AGRICULTURE; LITTLE DELAWARE – MISSION CREEK WATERSHED JOINT DISTRICT NO. 5 OF BROWN COUNTY; WEGENER FAMILY FARMS, LLC;

and the unknown heirs, executors, administrators, devisees, legatees, trustees, creditors and assigns of such of the above-named defendants as may be deceased; the unknown spouses of each of the above-named defendants; the unknown officers, successors, trustees, creditors and assigns of such of the above-named defendants as are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of such of the above-named defendants as are or were partners or in any partnership; the unknown guardians, conservators and trustees of such of the above-named defendants as are minors or otherwise under legal disability; any owners, lienholders, leaseholders or persons in possession who are not recorded in a public record on a property at issue; any person who does not disclose his/her/its interest as an owner, lienholder, leaseholder or possessor of a property at issue; any person who may assert an equitable right to a property at issue; and all other persons who are or may be concerned.
Defendants.

Case No.: 2019-CV-000027

Proceeding Under K.S.A. Chapter 26
Title to Real Estate Involved

NOTICE OF PROCEEDING TO CONDEMN LAND
The defendants are hereby notified that Westar Energy, Inc. filed a Petition for Condemnation in the District Court of Brown County, Kansas, seeking the condemnation of certain easements upon lands, or interests or rights therein, and other property and rights necessary for the purpose described in the Petition for Condemnation. The Court has ordered that the Petition for Condemnation and the appointment of appraisers be considered by the Court on Tuesday, August 6, 2019 at 9:00 a.m. in the Brown County Courthouse, 601 Oregon, Hiawatha, Kansas before the Honorable James A. Patton, District Court Judge.
The properties to be affected are as follows:

TRACT BR-011
Southeast Quarter of Section 15, Township 4, Range 17, Brown County, Kansas.

TRACT BR-012
All the following described real estate in the County of Brown, and the State of Kansas, to-wit: Lots 3 and 4 also described as the East Half (1/2) of the Southwest Quarter (1/4) of Section 15, Township 4 South, Range 17 containing 90 acres more or less

TRACT BR-013.1
All the following described real estate in the County of Brown and the State of Kansas, to-wit: The North 5 acres of Lot 1 in Section 15, in Township 4 South, Range 17 East of the 6th P.M.

TRACT BR-015
That certain real property located in Brown County, Kansas described as; The East ½ of the Northeast ¼ of section 15, township 4, south, range 17 East of the Sixth Principal Meridian, containing 80 acres, more or less.

TRACT BR-021
All the following described real estate in the County of Brown and the State of Kansas, to-wit: Lots 3 and 4 in Section 10, in Township 4 South, Range 17 East of the 6th P.M.

TRACT BR-029
The North Half (N ½) of the South East Quarter (SE ¼) Section Number Nine, Township Number Four (4), Range Number Seventeen (17), Brown County, Kansas.

TRACT BR-040
All the following described real estate in the County of Brown and the State of Kansas, to-wit: The North Half of the Southeast Quarter of Section 5 in Township 4 South of Range 17 East of the 6th P.M.; AND Commencing at the corner of Sections 4, 5, 8, and 9 in Township 4 South of Range 17 East of the 6th P.M.; thence running North on section line between Sections 4 and 5, 20 chains according to Government Survey; thence West 20 and 8/100 chains; thence South 16 and 46/100 chains to the South line of the Missouri Pacific Railroad right-of-way; thence Southeast along the right-of-way to a point one chain West of the corner of Sections 4, 5, 8, and 9; thence East on the section line between Sections 5 and 8 to place of beginning, containing 36 and 63/100 acres, more or less, excepting therefrom the right-of-way of the Missouri Pacific Railroad.

TRACT BR-042
All the following described real estate in the County of Brown and State of Kansas, to-wit: The East One-third of the Southwest Quarter of Section 32, Township 3, Range 17 and the Southeast Quarter of Section 32, Township 3, Range 17, containing approximately 213 acres, more or less.
LESS
A tract of land containing 3.41 acres, located in the Southeast Quarter of Section 32, Township 3 South, Range 17 East of the 6th P.M., described as follows: Commencing at the Southeast corner of said Section 32, thence North 0°08'00" East along the East line of said Southeast Quarter 1,346.54 feet; thence North 89°52'00" West 43.98 feet to the True Point of Beginning, said point being on the Westerly right-of-way of U.S. Highway 73; thence South 1°14'00" East along said right-of-way 408.00 feet; thence North 89°58'00" West along said right-of-way 25.00 feet; thence South 0°11'00" East along said right-of-way 50.00 feet; thence South 89°35'58" West 214.51 feet; thence North 0°08'00" East 95.00 feet; thence North 89°52'00" West 115.00 feet; thence North 0°08'00" East 364.93 feet; thence South 89°52'00" East 344.50 feet to the POINT OF BEGINNING, subject to any easements of record;
A tract of land containing 3.85 acres, located in the Southeast Quarter of Section 32, Township 3 South, Range 17 East of the 6th P.M.; described as follows: Commencing at the Southeast corner of said Section 32; thence North 0°08'00" East along the East line of said Southeast Quarter 1346.54 feet; thence North 89°52'00" West 43.98 feet to the True Point of Beginning, said point being on the Westerly right-of-way of U.S. Highway 73; thence South 1°14'00" East along said right-of-way 408.00 feet; thence North 89°58'00" West along said right-of-way 25.00 feet; thence South 0°11'00" East along said right-of-way 140.00 feet; thence North 89°52'00" West 215.00 feet; thence North 0°08'00" East 183.00 feet; thence North 89°52'00" West 115.00 feet; thence North 0°08'00" East 364.93 feet; thence South 89°52'00" East 344.50 feet to the POINT OF BEGINNING, subject to any easements of record.

TRACT BR-043
The West Half of the Northeast Quarter of Section 32, Township 3 South, Range 17, Brown County, Kansas.
TRACT BR-056

All the following described real estate in the County of Brown and the State of Kansas, to-wit: the Northwest Fractional Quarter of Section Nineteen, Township Three South, Range Seventeen East of the 6th P.M.

TRACT BR-059
The Southwest Quarter of Section 18, Township 3, Range 17 East of the 6th P.M.; LESS a tract containing 16.79 acres and described as follows, to wit: Commencing at the Southwest Corner of said Section 18; thence N 00°00'28” E and along the West line of said Southwest One-Quarter a distance of 941.38 feet to the Point of Beginning; thence N 00º00’28” E and along the West line of said Southwest One Quarter a distance of 650.83 feet; thence N 75º16’30” E a distance of 723.31 feet; thence N 56º05’27” E a distance of 310.39 feet; thence along the arc of a curve to the right whose center bears S 22º07’52” W, having a radius of 221.50 feet and a central angle of 35º20’29” for an arc length of 136.63 feet; thence S 32º31’39” E a distance of 46.36 feet; thence along the arc of a curve to the right having a radius of 221.50 feet and a central angle of 30º08’27” for an arc length of 116.52 feet; thence S 02º23’11” E a distance of 138.97 feet; thence along the arc of a curve to the right having a radius of 371.50 feet and a central angle of 61º25’02” for an arc length of 98.22 feet; thence S 59º01’50” W a distance of 195.46 feet; thence S 75º10’16” W a distance of 453.91 feet; thence S 66º08’34” W a distance of 205.71 feet; thence N 89º59’32” W a distance of 151.29 feet to the Point of Beginning.

TRACT BR-060
All the following described real estate in the County of Brown and the State of Kansas, to-wit: The South Half of the Northwest Quarter of Section 18, Township 3, Range 17, LESS 60 rods off the North Side.

TRACT BR-064
All the following described real estate in the County of Brown and the State of Kansas, to-wit:

The North 60 acres of the East Half of the Southeast Quarter and The West Half of the Southeast Quarter of Section 7, Township 3 South, Range 17 East of the 6th P.M.

Respectfully submitted,

/s/ Christopher F. Burger
Christopher F. Burger, KS 16056
STEVENS & BRAND, L.L.P.
900 Massachusetts St., Ste. 500
P. O. Box 189
Lawrence, KS 66044-0189
(785) 843 0811 – Phone (785) 843-0341 – Fax
cburger@stevensbrand.com

Categories