The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-29
THE DONORS POSITION
Statement in Regard to Lakewood
Park Situation.

manding made in Lakewood park,
there seems to be a difference of
Opinion as to whether or not l have
ANY right in the matter
On April rs, 1910, five years ago, 1
donated to the city 20 acres of land
which is known as Lakewood park,
with the understanding that the said
land would be improved and main
ltained for park purposes.
Certain provisions were agreed to,
at the time this donation was made,
that have not been complied with, and
1 and a number of citizens interested
in the development of this park have
| repeatedly requested the successive
administered ions to make these i'm
tprovements, but they have failed to
do so.
1 therefore wish to say that unless
the city makes the proper provisions
and proceeds to make improvements
satisfactory to me before June 1, 1915,
1 will proceed under the terms of the
deed to have the same set aside and
ask the courts for a reversion of the
property to me per terms of the
deed.
| The city commissioners seem to
think that the suggestions / have
made in the past in regard to inn
provements in the park were simply
chronic complaints and unreasonable
All suggestions that 1 have ever made
have always been made after confer
ring with Mr.. Rcinisch, the park SUI
Iperintendent, who has outlined the
Improvements that should be made in
the park.
| In the past five years the city has
| levied a total tax of $118,198 for park
| improvements and maintenance pur-
| poses. If a fair and equitable amount
of this fund had been set aside by the
commissioners for improvements in
| this park, there would be no COM
plant on my part at this time. AS a
matter of fact the amounts appropri-
ated have been diverted to other pur-
| poses.
The improvements that Mr.. Porter
| has stated in the past few days that
| he was willing to make were agreed
on last fall and could have easily been
| made last winter. At that time sever
! al of the property owners owning land
| through which the new entrance into
the park was to be made, offered 20
| donate the land without any cost to
the city. But the proper arrange
ments for acquiring the property were
never made.
There has never been any drinking
water in the park in the past five
years and the people who have gone
there have gone to the neighbors in
the vicinity for it, or it was hauled OH
one or two occasions in tank wagons
by the city.
There are no comfort stations of any
kind in the park. There have been no
bridges built across the creek, nor
walks connecting the different parts
of the park.
The boulevard and the Twenty-first
street road connecting the park with
Kansas avenue have not been i'm
proved and yet property owners along
this road have signed petitions offer
ing to pay for building sidewalks, but
have been turned down by the city.
The construction of a lake was
agreed on and this has never been
built
A caretaker is provided for other
parks. There should be a permanent |
caretaker at Lakewood to be on duty |
at all times to properly police and
maintain the park. AS it is it has be- |
come the rendezvous for gamblers and !
beer parties. I have offered to do |
nate a site for home for the care
taker but it has been refused.
All of the parks in the city have |
fire protection either by fire plugs in
the streets adjoining the park or by a |
four inch main into the park such as
has been run into Gage park. Under
sible for a fire hose to be run into |
Lakewood park. 1t would not be |
practical to run a line across the rail-
road track outside of the city limits. |
And a one inch service pipe would not
furnish sufficient water for sprinkling
purposes in 90 acre park and sup
ply water for lakes. There is no ques
ton but what there will be sufficient
demand for water in the very near
future by property owners adjoining
Lakewood park to pay the city a hand
some revenue and it would seem to
be good investment for the city to
run a four inch main into Lakewood
park and give proper fire protection
to the city property and at the same
time increase its revenue by the sale
of water.
Larger than a one inch water pipe
has been run into several of the parks
where 1t is used for drinking pur-
poses and for supplying lakes.
Now the question is what does
improvements mean? If the COM
cannot determine, perhaps
the courts can.
The section in the deed which I con-
tend gives me the right to have the
property revert to me unless the city
will agree to improve it satisfactorily,
is that in which the city agrees that
if it fails, refuses or neglects to keep,
maintain and improve said Lakewood
park for public purposes that in that
event the said tract of land shall re-
vert to and become the absolute prop
erty of the said party of the first part.
1 will base my claim on the fail
ure and refusal and neglect on the
part of the cit to improve the park
according to suggestions made at the
of the park superintendent,
a city employee.
1 did not donate this park with the
intention of ever expecting it to re-
vert to me or my heirs. L gave it in
good faith and was assured at the time
the deed was made that the city would
make all the improvements suggested
at that time.
The fact that 1 own property adj
joining this park seems to have been
the principal reason why the park has
not been improved. The argument
has been that to improve the park
would be a financial gain to be. Il
must be remembered that there are
no improvements made in any of the |
parks but what have increased the
value of property surrounding them.
In several cases there have been Gre
ated benefit districts, 1evying tax on
for the purpose of acquir- ,