4095 Protest Country Club Estat
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PROTEST PETITION
fiLED
'95 FEB 13 Pr1 3 21
This protest Petition is being filed in opposñHI~W~QAth~, KS
CITY CLERK'S OffiCE
Petition #4093 and Resolution 94-4838 for Public Improvements,
streets and utilities in Country Club Estates Addition Number 3
filed by Lee Haworth Construction company, Inc. and Shawn and
Renee O'Leary.
This Protest petition is being filed in the
Office of the city Clerk within fourteen (14) days after the date
of the conclusion of the public hearings on February 6, 1995 and
is signed by owners of 51.8% of the total area.
By way of background, Shawn O'Leary, Assistant city
Engineer, bought Lots six (6), Seven (7), and Eight (8), of
country Club Estates Addition Number 3 along with a home at 123
South Eastboraugh Road for the sum of $160,000.00.
Shawn O'Leary sold to Lee Haworth Construction Company all
of said Lots 6, 7,
& 8 except the North Five Feet of Lot six, a
few days after he purchased them.
The purpose of Shawn O'Leary in retaining the North Five
Feet of Lot Six is of interest.
It appears that this was done to
attempt to manipulate and defeat the rights of adjoining
landowners.
The question is posed as to why Shãwn O'Leary wishes
to retain ownership
of five feet of a lot and what use he
intended to have for such a small narrow piece of land.
Another question is~whether the city of Salina is involved
in such maneuvering.
---~-
~ ~ u
Greg Bengston, attorney, prepared the contract between
o'Learys and Haworth Construction company Inc. for the sale of
the lots.
Greg Bengston is also city Attorney for the city of Salina.
There have been statements made that if certain conditions
are not successfully completed that the contract for the sale of
the lots will be rescinded.
public disclosure of the contract
between Shawn O'Leary and Haworth Construction Company, Inc. is
necessary to determine this issue.
Maynard E. Nelson owns an undivided one-half interest in Lot
9, Block 1 Country Club Estates Addition Number 3 and Dr.
Charlotte C. Nelson owns an undivided one-half interest in Lot 9,
Block 1 Country Çlub Estates Addition Number 3.
A deep creek or ~ater drainage easement runs between Lot 9,
Block 1 and Lots 6, 7, & 8, Block 1 County Club Estates Addition
Number 3.
The petitioners, Lee Haworth Construction Company, Inc. and
Shawn O'Leary and Renee O'Leary, joint tenancy owners of the
North Five Feet of Lot six, have petitioned the City for public
improvements, streets and utilities which include paving or
surfacing a 270 feet street with a cuI de sac to serve the two
homes which Haworth Construction Company, Inc. desires to build.
These lots are in the flood plain.
The þenefit district is comprísed of Lots 6, 7, 8, and 9,
Block 1.
Because of the drainage easement and creek between the
properties involved, Maynard E. Nelson and Dr. Charlotte C.
-2~
Nelson have no access to the public improvements proposed by
the Lee Haworth Construction Company and shawn and Renee O'Leary.
The Engineering Department of the City of Salina has
allocated the expenses for the requested improvements and has
made, in part, the following assessments:
Lot 9, Block 1
$9,846.75
city at Large
9,240.00
The logical question arises as to why Maynard E. Nelson and
Charlotte c. Nelson who have no access to these improvements and
who do not benefit from them, should be charged 18.8% of the
cost, and why the City at Large is paying 17.6% of the cost.
It appears that there is a substantial conflict of interest
involved.
Maynard E. Nelson and Charlotte C. Nelson have constructed
the house on Lot 9, Block 1 which is on the southeast side of the
deep creek and drainage easement.
In order to build, it was necessary for them to construct a
roadway 160 feet in length,
extend the water service to the lot,
and to extend the sewer service to the lot.
All of the costs for
these services were paid by Maynard E. Nelson and Charlotte C.
Nelson.
Dennis Kissenger, city Manager, has forwarded to Mr. and
Mrs. Nelson a copy of K.S.A. 12-6a04, "Initiation of
Improvements; Notice in Hearing, When; Resolution determining
advisability of."
Section (2) (f) states in part:
"Such petitions may be found sufficient if signed
-3-
by (iii) the owners of record (whether resident or
not) of more than one-half of the area liable to be
assessed under the propos a 1. "
The area to be assessed under the proposal consists of Lots
6, 7, 8 and 9.
Lots 6, 7 and 8 contain 48.2% of the area.
The undivided
one-half interest in Lot 9 owned by Maynard Nelson is 25.9% of
the area and the undivided one-half interest owned by Charlotte
E. Nelson is 25.9% of the area making a total of 51.8%.
The petitioners for the public improvements, do not own more
than one-half of the area to be assessed as required by K.S.A.
16-6a04.
Another concern is in the establishment of the benefit
district which excludes the land which abuts the entire west side
of the proposed street extension.
The city Engineering
Department determines the benefit district.
Why was this land
which directly benefits excluded from payment of any cost?
Perhaps it was excluded to prevent opposition.
Was a conflict of
interest involved?
Dennis Kissenger, the city Manager, has stated that he
personally caused the Nelson property to be included in the
benefit district.
The city Manager of the city of Salina has taken a personal
interest in this project which benefits Shawn O'Leary.
Shawn O'Leary, Assistant city Engineer has purchased the
property for $160,000.00 and within days after the purchase was
-4-
completed, sold to the Lee Haworth constrict Company. Inc. all
but five feet of three lots for the sum of $50,000.00.
Robert Haworth, President of Lee Haworth Construction
company is a member of the city Planning and Zoning commission.
The city Engineering Department has determined this benefit
district.
Greg Bengston, city Attorney, drew the contract of sale for
the 3 lots.
Petitioners request that the city commission examine all
aspects of these transactions very carefully and to also look at
the K.S.A. 60-6a04 which shows that the petitioners for these
improvements do not have the standing to do so.
In total, there are conflicts of interest, actions taken
that are arbitrary capricious and unbecoming to the city of
Salina, Kansas and its citizens.
One solution will be for petitioners to pay the entire cost
of the improvements since they will receive the benefits.
Respectfully submitted,
~¿Pߣ~~J
~nard E. Ne
~¡JhhH;' ¿ '-/1k~
D . Charlotte C: Nelson
-5-
ACKNOWLEDGMENT
STATE OF KANSAS, COUNTY OF SALINE, S5:
The foregoing instrument was acknowledged before me this
13th day of February, 1995 by Maynard E. Nelson and Dr. Charlotte
C. Nelson.
-"...~---- ".
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[~H1C\ NOTi\RY PUBLIC I
~:-c\CJ STATE OF KANS^~}
MY APPT. eXPIRES I ~~
fð~~ I'?J,~
Notary Public
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FILED
'95 fEß 15 PI1 2 2S
'.
PROTEST PETITION
(Corrected)
CITY OF SAI.IIIA. KS
'l'his Protest Petition is being filed in <0ÞÞ'P:€lU~J'IS WFte>e
Petit:on #4093 and Resolution 94-4838 for Public Improvements,
streets and utilities in Country Club Estates Addition Number 3
filed by Lee Haworth Construction Company, Inc. and Shawn and
Renee 0' J.eary .
This Protest Petition is being filed in the
Office of the City Clerk within fourteen (14) days after the date
of the conclusion of the public hearings on February 6, 1995 and
is signed by owners of 51.8% of the total area.
By way of background, Shawn O'Leary, Assistant city
Engineer, bought Lots six (6), Seven (7), and Eight (8), of
Country Club Estates Addition Number 3 along with a home at 123
South Eastborough Road for the sum of $160,000.00.
Shawn O'Leary sold to Lee Haworth Construction Company all
of said Lots 6, 7,
& 8 except the North Five Feet of Lot Six, a
few days after he purchased them.
The purpose of Shawn O'Leary in retaining the North Five
Feet of Lot six is of interest.
It appears that this was done to
attempt to manipulate and defeat the rights of adjoining
landowners.
The question is posed as to why Shawn O'Leary wishes
to retain ownership
of five feet of a lot and what use he
intended to have for such a small narrow piece of land.
Another question is whether the City of Salina is inVolVed
'.
in such maneuvering.
.
Greg Bengston, attorney, prepared the contract between
O'Learys and Haworth Construction Company Inc. for the sale of
the lots.
Greg Bengston is also city Attorney for the city of Salina.
There have been statements mad~ that if certain conditions
are not successfully completed that the contract for th~ sale of
the lots will be rescindad.
Public disclosure of the cont:act
between Shawn O'Leary and Ilaworth Construction Company, Inc. is
necessary to determine this issue.
Maynard E. Nelson owns an undivided one-half interest in Lot
9, Block 1 Country Club Estates Addition Number 3 and Dr.
Charlotte C. Nelson owns an undivided one-half interest in Lot 9,
Block 1 Country Club Estates Addition Number 3.
A deep creek or water drainage easement runs between Lot 9,
B19Ck 1 and Lots 6, 7, & 8, Block 1 County Club Estates Addition
Number 3.
The petitioners, Lee Haworth Construction Company, Inc. and
Shawn O'Leary and Renee O'Leary, joint tenancy owners of the
North Five Feet of Lot six, have petitioned the city for public
improvements, streets and utilities which include paving or
surfacing a 270 feet street with a cuI de sac to serve the two
homes which Haworth Construction company, Inc. desires to build.
These lots are in_the flood plain.
The benefit district is comprised of Lots 6, 7, 8, and 9,
Block 1.
Because of the drainage easement and creek between the
properties involved, Maynard E. Nelson and Dr. Charlotte C.
-2-
Nelson have no access to the public improvements proposed by
the Lee Haworth construction company and Shawn and Renee O'Leary.
The Engineering Department of the city of Salina has
allocated the expenses for the requested improvements and has
made, in part, the following assessments:
Lot 9, Block 1
city at Large
$9,846.75
9,240.00
The logical question arises as to why Maynard E. Nelson and
Charlotte C. Nelson who have no access to these improvements and
who do not benefit from them, should be charged 1B.8% of the
cost, and why the city at Large is paying 17.6% of the cost.
It appears that there is a substantial conflict of interest
involved.
Maynard E. Nelson and Charlotte c. Nelson have constructed
the house on Lot 9, Block 1 which is on the southeast side of the
deep creek and drainage easement.
In order to build, it was necessary for them to construct a
roadway 160 feet in length,
extend the water service to the lot,
and to extend the sewer service to the lot.
All of the costs for
these services were paid by Maynard E. Nelson and Charlotte C.
Nelson.
Dennis Kissenger, City Manager, has forwarded to Mr. and
Mrs. Nelson a copy of K.S.A. 12-6a04', "Initiation of
Improvements; Notice in Hearing, When; Resolution determining
advisability of."
section (2) (f) states in part:
"Such petitions may be found sufficient if signed
-3-
.
by (iii) the owners of record (whether resident or
not) of more than one-half of the area liable to be
assessed under the proposal."
The area to be asse&sed under the proposal consists of Lots
6, 7, 8 and 9.
Lots 6, 7 and 8 contain 48.2% of the area.
The undivided
one-half interest in Lot 9 owned by Maynard Nelson is 25.9% of
the area and the undivided one-half interest owned by Charlotte
E. Nelson is 25.9% of the area making a total of 5~.8%.
The petitioners for the public improvements, do not own more
than one-half of the area to be assessed as required by K.S.A.
12-6aO4.
Another concern is in the establishment of the benefit
district which excludes the íand which abuts the entire west side
of the proposed street extension.
The city Engineering
Department determines the benefit district.
Why was this land
which directly benefits excluded from payment of any cost?
Perhaps it was excluded to prevent opposition.
Was a conflict of
interest involved?
Dennis Kissenger, the city Manager, has stated that he
personally caused the Nelson property to be included in the
benefit district.
The city Manager of the City of Salina has taken a personal
interest in this project which benefits Shawn O'Leary.
Shawn O'Leary, Assistant City Engineer has purchased the
property for $160,000.00 and within days after the purchase was
-4-
completed, sold to the Lee Haworth Constrict company, Inc. all
but five feet of three lots for the sum of $50,000.00.
Robert Haworth, President of Lee Haworth Construction
Company is a member of the City Planning and Zoning Commission.
The City Engineering Department has determined this benefit
district.
Greg Bengston, city Attorney, drew the contract of sale for
the 3 lots.
Petitioners request that the City Commission examine all
aspects of these transactions very carefully and to also look at
the K.S.A. 12-6aO4 which shows that the petitioners for these
improvements do not have the standing to do so.
In total, there are conflicts of interest, actions taken
that are arbitrary capricious and unbecoming to the city of
Salina, Kansas and its citizens.
One solution will be for petitioners ~o pay the entire cost
of the improvements since they will receive the benefits.
Respectfully submitted,
~R~J
~Vz.J!J¿¿ ¿I YJb-d
Dr. Charlotte C. Nelson
-5-
!
ACKNOWLEDGMENT
STATE OF KANSAS, COUNTY OF SALINE,.SS:
The foregoing instrument was acknowledged before me this
15th day of February, 1995 by Maynard E. Nelson and Dr. Charlotte
C. Nelson,
^ BARßÞ.RA A. BELL
-Eo '., NOTARY PU~LlC
( , ..-J STAlE CF KArJSAS
^'. .,",. EXP"Ë~. c.~
rPtxiJ.N;'C1ÚJÚ.J fI,)xp'y" J
Notary Public
-6-
. .
FilED
'95FEB lS PI'l 2 22
CITY OF SALINA, 1'\5
CITY CLERK'S OFfiCE