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Dangerous Structure 225 St. Louis, Ellsworth

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(First Published in the Ellsworth County Independent/
Reporter, August 26, 2021)

RESOLUTION NO. 21-0823b

A RESOLUTION FINDING THAT THE STRUCTURE LOCATED AT A TRACT COMMENCING AT A POINT ON THE WEST LINE OF THE NORTH HALF OF BLOCK FORTY-EIGHT (48) IN THE CITY OF ELLSWORTH, 75 FEET NORTH FROM THE SOUTHWEST CORNER OF SAID HALF BLOCK, THENCE NORTHERLY TO THE SOUTH LINE OF EIGHTH STREET, 75 FEET, MORE OR LESS, LESS TO THE CENTER LINE OF SAID HALF BLOCK; THENCE WEST TO THE POINT OF BEINNING, BEING A FRACTIONAL PART OF BLOCK 48, AND A FRACTIONAL PART OF VACATED STREET BEWEEN BLOCK 47 AND 48, ELLSWORTH COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED TO AS 225 ST. LOUIS, ELLSWORTH, KANSAS, IS UNSAFE OR DANGEROUS AND DIRECTING THAT THE STRUCTURE BE REMOVED AND THE PREMISES MADE SAFE
AND SECURE.

WHEREAS, the enforcing officer of the City of Ellsworth, Kansas, did on the 6th day of May 2021, file with the governing body of said city, a statement in writing that the structure, hereinafter described, is unsafe and dangerous; and
WHEREAS, the governing body did by Resolution No. 21-0712b dated the 12th day of July, 2021, fix the time and place of a hearing at which the owner, his or her agent, and lienholders, any occupants and all other parties of interest of such structure could appear and show cause why such structure should not be condemned and ordered repaired or demolished and provided for giving notice thereof as provided by law; and,
WHEREAS, Resolution No. 21-0712b was published in the official city paper on the 15th day of July, 2021, and on the 22nd day of July, 2021, and a copy of said resolution was served upon all persons entitled thereto and provided by law; and,
WHEREAS, on this 23rd day of August 2021, the governing body did conduct the hearing scheduled in Resolution No.21-0823b and took evidence from the following: The enforcement officer for the City of Ellsworth.  The following parties in interest failed to appear or appeared and did not present evidence: Carolyn J. Dawson, Eugene C. Peterman Jr., Steve M. Peterman, Bonnie S. Ploutz
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS, THAT:
1. The governing body hereby finds the structure located at:
    A tract commencing at a point on the West
     line of the North Half of Block Forty-eight
    (48) in the City of Ellsworth, 75 feet north
    from the Southwest Corner of said half
    block, thence northerly to the South line
    of Eighth Street, 75 feet, more or less,
    thence south parallel with the West line of
    Block 48 (extended) 150 feet, more or less to
    the center line of said half block; thence west
    to the point of beginning, being a fractional
    part of Block 48, and a fractional part of
    vacated street between block 47 and 48,
    Ellsworth County, Kansas
And commonly known and referred to as 225 St. Louis. Ellsworth, Kansas, 67439, is unsafe and dangerous and directs that such structure is to be removed and the premises made safe and secure.
2. The owner of such structure is hereby directed to commence the removal of the property within 30 days from the date of publication of this resolution (not later than the 26th day of September 2021) and have the removal completed within 60 days of the date of commencement. Provided, that upon due application by the owner and for good cause shown, the governing body, in its sole discretion, may grant the owner additional time to complete the removal of the property.
BE IT FURTHER RESOLVED, that if the owner fails to commence the removal of the structure within the time provided herein or fails to diligently prosecute the same, the governing body may take such further action as it deems necessary to raze and remove the structure without further notice to the owner or other parties in interest.
BE IT FUTHER RESOLVED that the City Clerk shall cause this Resolution to be published once in the official city paper and mail a copy to the owners, agents, lienholders, occupants, and other parties in interest
Adopted this 23rd day of August 2021.

Mark C. Kennedy
Mayor

ATTEST:
                    
Brittany Rohr,
City Clerk
1t 8/26