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Legal Notices
(Published in the Miami County Republic Wed. 10/02/19, Wed., 10/09/19 and Wed. 10/16/19

IN THE DISTRICT COURT OF
MIAMI COUNTY, KANSAS


In the Matter of the Estate of
JOHN L. PALMER, DECEASED
Case No. 19 PR 65


NOTICE OF HEARING
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are notified that on August 13, 2019, a Petition was filed in this Court by Richard A. Palmer, an heir and named fiduciary in the Last Will and Testament of John L. Palmer, deceased, dated February 12, 2008, requesting Informal Administration and to Admit the Will to Probate.
You are required to file your written defenses to the Petition on or before October 24, 2019, at 11:30 a.m. in this Court, in the City of Paola, in Miami County, Kansas, at which time and place the cause will be heard. Should you fail to file your written defenses, judgment and decree will be entered in due course upon the Petition.

Richard A. Palmer, Petitioner

FINCH, COVINGTON
& BOYD, CHTD.
Blaine Finch, #20968
        
101 West 2nd             
Ottawa, Kansas 66067        
(785) 242-6400 telephone
(785) 242-3058 facsimile    
blaine@fcbkansas.com        
Attorneys for Petitioner
Legal Notices
  • Updated
(Published in the Miami County Republic Wed. 9/25/19, Wed., 10/02/19 and Wed. 10/09/19)

IN THE DISTRICT COURT OF MIAMI COUNTY, KANSAS
PROBATE DIVISION


In the Matter of the Estate of
VICKIE LYNN REEVES, Deceased

Case No. 2019-PR-000079

(Pursuant to K.S.A. Chapter 59)

NOTICE OF HEARING
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are notified that on September 13, 2019, a Petition was filed in this Court by Harry Reeves, surviving spouse and heir of Vickie Lynn Reeves, deceased, requesting Informal Administration.
You are required to file your written defenses to the Petition on or before October 17 2019, at 11:30 a.m. in this Court, in the City of Paola, in Miami County, Kansas, at which time and place the cause will be heard. Should you fail to file your written defenses, judgment and decree will be entered in due course upon the Petition.

HARRY REEVES, Petitioner

SANDBERG PHOENIX
& von GONTARD P.C.

Michele M. O’Malley, #20760
4600 Madison Ave., Suite 1000        
Kansas City, MO 64112
816-627-5546 816-627-5532 (fax)
E-mail:
momalley@sandbergphoenix.com
Attorneys for Petitioner
Legal Notices
  • Updated
(Published in the Miami County
Republic Wed. 9/25/19, Wed.,
10/02/19 and Wed. 10/09/19)

IN THE DISTRICT COURT OF
MIAMI COUNTY, KANSAS


In the Matter of RUTH M.
MADDEN
, deceased.

Case No. 19 PR 80

NOTICE TO CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:

You are hereby notified that on the 16th day of September, 2019, a Petition for Issuance of Letters of Administration was filed in this Court by Randy Madden, as one of the heirs of Ruth M. Madden, Deceased.

All creditors are notified to exhibit their demands against the Estate within four (4) months from the date of the first publication of this notice, as provided by law, and if their demands are not thus exhibited, they shall be forever barred.

RANDY MADDEN, Administrator.

DOMONEY & DOMONEY
18 E. Wea; P.O. Box 411
Paola, KS 66071
(913) 294-2800;
Fax: (913) 594-4601
Attorneys for Administrator.
(3t.)
Legal Notices
  • Updated
(Published in the Miami County Republic on Weds. 09/25/19, 10/02/19, 10/09/19)

IN THE DISTRICT COURT OF MIAMI    COUNTY, KANSAS
CIVIL DEPARTMENT

Natasha R. Dresser, Plaintiff
vs.
Steve Foley Construction Company, Inc. Serve at: 17834 Garnett, Overland Park, KS 66221
and
The Heirs of Jason R. Dresser, a/k/a Jason Richard Dresser, including Natasha Dresser, Charlyie Dresser, Ellyette Dresser, and Briar Dresser

Serve at: HOLD SERVICE and


All of the unknown heirs, devisees, grantees, assigns, donees, alienees, legatees, administrators, executors, guardians, mortgagees, trustees, and legal representatives and all other persons, corporations or successors claiming by, through or under any one or more of the afore-named defendants, and/or assigns of any Defendant named herein,
To be served by publication        
pursuant to Rule 60-307
and                
All other persons and entities unknown, claiming any right, title, estate, lien or interest in the property described in this Petition, adverse to plaintiff’s ownership, or any cloud on plaintiff’s title thereto,
To be served by publication pursuant to Rule 60-307    
Defendants.
Case No. 2019-cv-000093
Division
Pursuant to K.S.A. Chapter 60

NOTICE OF SUIT

TO: Unknown Heirs Devisees, et al, of Jason R. Dresser (The Heirs)

You are hereby notified that a petition has been filed in the District Court of Miami County, Kansas, by Natasha R. Dresser, to reform the Corporation Warranty Deed and quiet title to the property legally described as the following:

Lot 22, Sweetwater Creek, a subdivision in the City of Spring Hill, Miami County, Kansas.

You are further notified that unless you file an answer or other pleading or otherwise appear and defend against the aforesaid action no later than November 5, 2019.

HUNTER LAW GROUP, P.A.
/s/ Stephanie L. Hammann        
Stephanie L. Hammann,
KS Bar #27963
1900 W. 75th Street, Suite 120
Prairie Village, Kansas 66208
Telephone: (913) 320-3830
sh@hunterlawgrouppa.com
ATTORNEY FOR PLAINTIFF
Legal Notices
(Published in the Miami County
Republic Wed. 10/02/19,
10/09/19 and 10/16/19)

IN THE DISTRICT COURT OF
MIAMI COUNTY, KANSAS


In the Matter of the
Estate of Sharon Rae Keller,
Deceased.

Case No. 19 PR 76

NOTICE OF HEARING
AND NOTICE TO CREDITORS

THE STATE OF KANSAS TO ALL PERSONS CONCERNED:

You are hereby notified that on September 12, 2019, a Petition for Probate of Last Will and Testament and Issuance of Letters Testamentary was filed in this Court by David Keller, an heir, legatee, devisee and the Executor of the Estate of Sharon Rae Keller, Deceased.

All creditors of the above named decedent are notified to exhibit their demands against the Estate within four (4) months from the date of first publication of this Notice, as provided by law, and if their demands are not thus exhibited, they shall be forever barred.
DAVID KELLER, Executor

DOMONEY & DOMONEY
18 E. Wea; P.O. Box 411
Paola, KS 66071
(913) 294-2800;
Fax: (913) 594-4601
Attorneys for Petitioner.
Legal Notices
(Published in the Miami County
Republic Wed. 10/02/19
and Wed., 10/09/19)

CHARTER ORDINANCE NO. 37

A CHARTER ORDINANCE AMENDING SECTION ONE OF CHARTER ORDINANCE NO. 33 CORRECTING CITATION OF K.S.A. 14-1007 ET SEQ. RELATING TO THE ACQUISITION AND REGULATION OF CITY SECOND CLASS CEMETERIES.


WHEREAS, the Governing Body has determined that Section One of Charter Ordinance 33 incorrectly cited K.SA.14-1007 et seq. as K.S.A. 14-1101 et seq.; and

WHEREAS, the Governing Body deems it advisable to correct the citation to read as K.S.A. 14-1007 et seq.
    
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SPRING HILL, KANSAS:

SECTION ONE: Section One of Charter Ordinance No. 33 is hereby amended to read as follows:

“Section One. Exemption.

The City of Spring Hill, Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from the provisions of K.S.A. 14-1007 et seq. Miscellaneous, relating to the acquisition and regulation of cemeteries.

In exempting itself, the City of Spring Hill Kansas finds that such provion is applicable to cities of the second class, but not uniformly applicable to all cities.”

SECTION TWO: This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

SECTION THREE: This Charter Ordinance shall take effect sixty-one (61) days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (c) (3) of the Constitution of the State of Kansas, in which case this charter Ordinance shall become effective upon approval by the majority of the electors voting thereon.

Passed by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, this 26th day of September 2019.

Approved by the Mayor this 26th day of September 2019.

/s/ STEVEN M. ELLIS, Mayor

[SEAL]

ATTEST:
/s/ Glenda Gerrity, City Clerk

APPROVED AS TO FORM:
/s/Frank H. Jenkins, Jr.,
City Attorney
Legal Notices
(Published in the Miami County
Republic Wed. 10/02/19
and Wed., 10/09/19)

Summary of Ordinance No. 18

On September 26, 2019, the City of Osawatomie, adopted Charter Ordinance No. 18, which allows that persons elected in City elections subsequent to November 2019 shall take office as set out by resolution duly passed by the Governing Body.
A complete copy of this ordinance is available at www.Osawatomieks .org or at City Hall, 439 Main St., Osawatomie, Kansas. This summary certified by Richard Wetzler, City Attorney
Legal Notices
(Published in the Miami County
Republic Wed. 10/09/19
and Wed. 10/16/19)

IN THE DISTRICT COURT OF MIAMI COUNTY, KANSAS

In the Interest of:
BREUANA DANIELLE DUVAL,
yob 2002
Case No. 2017-JC-000038

NOTICE OF
PERMANENCY HEARING

Pursuant to K.S.A. 38-2265

On January 13, 2020, at 03:15 PM, at the Miami County Courthouse, Paola, Kansas, a permanency hearing will be conducted. The child, parents, any other person having legal custody of the above named child, the parties, interested parties, the child’s foster parent(s) or permanent custodian, preadoptive parents for the child, or the closest relative of each of the child’s parents whose address is known if no grandparent is living or if no living grandparent’s address is known, the person having custody of the child, and any person having close emotional ties with the child who has so requested and is deemed by the Court to be essential to the deliberations may appear and will be given an opportunity to be heard. Opportunity to be heard shall be at a time and in a manner determined by the Court and does not confer an entitlement to appear in person. Individuals receiving this notice shall not be made a party or interested party solely on the basis of this notice.
Legal Notices
(Published in the Miami County Republic Wed. 10/09/19)

RESOLUTION NO. R19-09-026

A RESOLUTION MODIFYING CONDITIONAL USE
PERMIT #Z-180-CUP Vitale Properties, LLC

WHEREAS, the Miami County Planning Commission did hold a public hearing on March 5, 2019, in accordance with the requirements as set forth in Article 22 of the Miami County, Kansas Zoning Regulations to consider revocation or modification of Conditional Use Permit #Z-180 (Vitale Properties, LLC) for a contractor’s shop and storage yard in accordance of Section 14-3 of the Miami County, Kansas Zoning Regulations, on the real property described in Section 1 below; and

WHEREAS, after reviewing all written and oral testimony presented at said hearing, the Planning Commission voted 5 in favor and 1 opposed (5-1) to recommend that the Board of County Commissioners revoke Conditional Use Permit #Z-180 based on the finding listed below, with an additional motion approved unanimously (6-0) to allow 18-months for Vitale Properties, LLC to remove the business use from the property; stipulate that the use not be expanded between now and when the business use is vacated in 18 months; and to limit the business hours from 7 am to 6 pm:

Planning Commission Finding:
1. That aerial and ground photography clearly show that the conditional use permit has substantially expanded from its original use in 1991, and testimony received indicates the previous use included a dump truck, a road grader, a scraper, and a bulldozer. The current use includes daily deliveries of equipment and materials by UPS and other trucks multiple times a day which also degrade the road. In addition, testimony received confirms that the barn constructed in 2005 was used to work on and store tractors and was never used for the storage and maintenance of construction equipment which it is now being used for, but was never the intended use of the structure.

WHERAS, a valid protest petition was filed in the Office of the County Clerk within 14 days after the close of the public hearing before the Planning Commission; and

WHEREAS, the Board of County Commissioners has reviewed the conditional use permit request along with the recommendations of the Planning Commission, including the Planning Commission Minutes, all oral and written testimony, and additional oral and written testimony received at their meeting on March 27, 2019, and finds that the testimony presented is conflicting and the evidence is inconclusive as to the exact size and intensity of the use that existed in 1991, and therefore the County Commission found it difficult to determine that the use has substantially expanded and moved to overturn the recommendation of the Planning Commission to revoke the conditional use permit, and instead voted unanimously (5-0) to modify the conditional use permit by creating conditions for the operation, and asked staff to work with Vitale Properties, LLC and return to the Commission in 2 weeks with a list of conditions to consider; and

WHEREAS, staff met with representatives of Vitale Properties, LLC, including their legal counsel to outline reasonable conditions to apply to the existing conditional use permit identified as Z-180, and staff also requested an updated site plan and stormwater analysis be prepared; and

WHEREAS, due to unforeseen circumstances it took much longer than 2 weeks to obtain an updated site plan and stormwater analysis and return recommended conditions to the County Commission for review; and

WHEREAS, staff and representatives of Vitale Properties, LLC, discussed the proposed conditions with the County Commission at their Study Session on August 28, 2019, and the Commissioners asked that certain conditions be amended which the Vitale Properties representatives agreed to, which are listed in Section 2 for the use on the property identified in Section 1.

IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI COUNTY, KANSAS that they hereby overturn the decision of the Planning Commission to revoke the conditional use permit identified as Z-180-CUP, and instead modify Z-180-CUP based on the findings and subject to the conditions listed in Section 2 below.

Section 1:

All that part of the South Half of the Northeast Quarter of the Northeast Quarter of Section 31, Township 15 South, Range 23 East, Miami County, Kansas, described as follows:
Commencing at the Northeast corner of the Northeast Quarter of said Section 31; thence S2°12’48”E, along the East line of said Northeast Quarter, a distance of 667.67 feet, to the Northeast corner of the South Half of the Northeast Quarter of the Northeast Quarter of said Section 31, said point also being the Point of Beginning; thence S2°12'48”E, along the East line of said Northeast Quarter, a distance of 417.66 feet; thence S87°42'35”W, parallel to the South line of the Northeast Quarter of the Northeast Quarter of said Section 31, a distance of 977.24 feet; thence S8°27’57"E, a distance of 251.46 feet, to a point on the South line of the Northeast Quarter of the Northeast Quarter of said Section 31; thence S87°42'35"W, along said South line, a distance of 373.18 feet, to the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 31; thence N2°16’50”W, a distance of 666.20 feet, to the Northwest corner of the South half of the Northeast Quarter of the Northeast Quarter of said Section 31; thence N87°38'47” E, a distance of 1,323.82 feet, to the Point of Beginning. Subject to any part thereof in roads.

Findings

1. The evidence presented is inconclusive that the use has substantially expanded from the use in 1991.
2. The testimony presented was contradictory which made it difficult to determine the facts.
3. Modifying the existing use by applying conditions will help reduce negative impacts to the surrounding area while protecting the vested rights of the property owner.

Section 2:

Conditions

1. Except as amended by these conditions, the property shall be developed according to the site plan, attached hereto as Exhibit A, including construction of a 75’x43’ building and 400’x100’ building for storage and maintenance of equipment.
2. Building permits shall be obtained for new structures and comply with all Zoning and Building Codes. Existing buildings being utilized for the business will require a code footprint and compliance with building codes.
3. A review for consideration of renewal of this conditional use permit shall be in ten years commencing from the date of County Commission approval. Change of ownership or subleasing of the property/facilities shall require review by the planning commission to ensure the use substantially complies with the terms of this resolution.
4. No large / heavy construction equipment shall be stored outside, excluding 2-3 semi-truck trailers or cargo containers used to store concrete blankets, etc. Outdoor storage of equipment shall be limited to small construction equipment, such as ride-on trowels and skid steers, on the gravel parking area located directly west of the existing shed. Outdoor storage of equipment shall be fully screened from surrounding properties.
5. Normal hours of operation shall be from 6:00 a.m. to 6:00 p.m., Monday through Saturday, excluding legal holidays. No company deliveries shall be made after the close of business each day. This does not include package deliveries, i.e. UPS, USPS, etc., which the landowner has no control over.
6. Washing of trucks, commercial vehicles and equipment shall require compliance with KDHE regulations for Storm Water Management and Mud Trap Waste Disposal. Proper and current permits shall be presented to County personnel upon request.
7. Within 60 days of County Commission approval the applicant shall obtain a commercial entrance permit.
8. The applicant shall establish a route of travel for all business related vehicles and shall be responsible for annual dust control along said route from the subject property driveway to the paved road (currently approximately 3200 feet). If traffic counts from this use exceed 300 trips per day, the applicant shall be responsible for upgrading the road to asphalt in compliance with County road standards.
9. Noise shall be limited to 70db at the property line.
10. Lighting shall be arranged, located or screened to direct light away from adjoining or abutting properties, shall utilize a fixture that directs light downward and prevents light from traveling out above a horizontal plane relative to the bulb; overall lighting shall not exceed 0.5 lumens per square foot; and light color shall not exceed 3000 degree kelvin. A lighting plan may be required prior to installing lighting.

The provisions in this resolution will become effective upon the adoption by the Board of County Commissioners and publication of the adopting resolution in the Official County newspaper. Upon this Resolution becoming effective, all prior resolutions affecting the above-described tract of land are repealed. All zoning Regulations of Miami County, Kansas affecting the use of the real property heretofore described, which are inconsistent with this resolution are hereby made inapplicable to said property until the Conditional Use Permit is vacated or is declared null and void.

ADOPTED ON THIS 18th DAY OF SEPTEMBER, 2019.


BOARD OF COUNTY COMMISSIONERS, MIAMI COUNTY, KANSAS



/s/
PHIL DIXON, Chairman

/s/
BONNIE “ROB” ROBERTS, Chairman Pro-tem

/s/
TYLER VAUGHAN, Commissioner

/s/
GEORGE PRETZ, Commissioner

/s/
DANIEL GALLAGHER, Commissioner


(SEAL)


ATTEST

/s/
JANET WHITE, County Clerk

Approved as to form and legality on September 18, 2019 by David Heger.
Legal Notices
(Published in the Miami County
Republic Wed., 10/09/19)

BEFORE THE STATE
CORPORATION COMMISSION
OF THE STATE OF KANSAS

NOTICE OF
FILING APPLICATIONS


RE:     JTC Oil, Inc. – Applications for a permit to authorize the enhanced recovery of oil by injection of saltwater into the Wingert Lease, Wells I-1, I-2 and I-8, located in Miami County, Kansas.

TO: All Oil & Gas Producers, Unleased Mineral Interest Owners, Landowners, and all persons whomever concerned.

You, and each of you, are hereby notified that JTC Oil, Inc. has filed applications to commence the injection of saltwater into the Squirrel formation at the following wells on the Wingert lease, located in Section 9, Township 17 South, Range 22 East:

Wingert I-1, located 4255 feet from the South Line and 2985 feet from the East Line,
Wingert I-2, located 4596 feet from the South Line and 3039 feet from the East Line,
Wingert I-8, located 3967 feet from the South Line and 2963 feet from the East Line,

In Miami County, Kansas, with a maximum operating pressure of 700 PSIG and a maximum injection rate of 40 bbls per day.

Any persons who object to or protest these applications shall be required to file their objections or protest with the Conservation Division of the State Corporation Commission of the State of Kansas within thirty (30) days from the date of this publication. These protests shall be filed pursuant to Commission regulations and must state specific reasons why granting the application may cause waste, violate correlative rights or pollute the natural resources of the State of Kansas.

All persons interested or concerned shall take notice of the foregoing and shall govern themselves accordingly.

JTC Oil, Inc.
35790 Plum Creek Road
Osawatomie, KS 66064
913-755-2959