ORDINANCE NO. 7845

AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF INTERESTS IN CERTAIN REAL ESTATE IN LAWRENCE, KANSAS, FOR THE PURPOSE AND USE OF SAID CITY IN THE CONSTRUCTION, IMPROVEMENT AND REPAIR OF CERTAIN CITY STREETS, SIDEWALKS, BICYCLE LANES, UTILITIES, STORM SEWERS AND STORM SEWER SYSTEMS, AND ALL FACILITIES APPURTENANT THERETO PURSUANT TO K.S.A. CHAPTER 26, ARTICLES 2 AND 5, AS THE SAME RELATE TO CONDEMNATION BY CITIES, AND PURSUANT TO K.S.A. 12-6a01, ET SEQ. AS AMENDED TOGETHER WITH AN AUTHORIZATION FOR OBTAINING A SURVEY AND DESCRIPTION OF THE LAND OR INTEREST TO BE CONDEMNED, AND FURTHER PURSUANT TO RESOLUTION 6570 OF THE CITY OF LAWRENCE, KANSAS.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did, on the 16th day of November, 2004, adopt Resolution No. 6570 thereby finding and determining it to be necessary and in the public interest to appropriate for public use and purpose, interests in certain real estate in the City of Lawrence, Douglas County, Kansas needed for the use by the City of Lawrence, Kansas, in the construction of a street improvement project beginning generally at a point near West 6th Street & Folks Road and extending South to the intersection of Mulberry Drive, all in the City of Lawrence, Douglas County, Kansas;

WHEREAS, the Governing Body of the City of Lawrence, Kansas, has heretofore authorized and ordered a survey of the interests in the lands to be condemned to be made by a competent engineer and said survey has been made and filed with the City Clerk for the City of Lawrence.

NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. That the Governing Body of the City of Lawrence, Kansas, hereby affirms all its prior orders and declarations of the necessity for the appropriation of certain real estate interests for the use of said City for the purpose of the construction and maintenance of a street improvement project and all other uses appurtenant thereto, beginning generally at a point near West 6th Street & Folks Road and extending South to the intersection of Mulberry Drive, all in the City of Lawrence, Douglas County, Kansas;

Section 2. The interests in real estate to be taken for such public purpose are described as follows, to-wit:

An easement for right-of-way in, upon, over, under and through the following described real estate situated in the City of Lawrence, Douglas County, Kansas, to-wit:

A TRACT OF LAND IN THE WEST 10 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 19 EAST, OF THE 6TH P.M., IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 00º09'57" WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89º54'53" EAST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 13.50 FEET; THENCE NORTH 00º09'57" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 100.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 6TH STREET, SAID POINT BEING 50.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89º54'53" EAST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 18.50 FEET; THENCE SOUTH 00º09'57" WEST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 213.55 FEET; THENCE NORTH 89º54'53" WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 32.00 FEET TO THE WEST LINE THEREOF; THENCE NORTH 00º09'57" EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 113.55 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 5,483 SQUARE FEET OR 0.1259 ACRES, MORE OR LESS, (ALL IN DOUGLAS COUNTY, KANSAS).

ALSO:

A pedestrian easement in, upon, over, under and through the following described real estate:

A TRACT OF LAND IN THE WEST 10 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6^TH P.M. IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:

ALSO:

A temporary construction easement in, upon, over, under and through the following described real estate:

COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00º09'57" WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 50.00 FEET; THENCE SOUTH 89º54'53" EAST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER AND ALONG THE SOUTH LINE OF 6^TH STREET, A DISTANCE OF 48.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89º54'53" EAST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 26.50 FEET; THENCE SOUTH 00º09'57" WEST, ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 7.50 FEET; THENCE NORTH 89º54'53" WEST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 24.92 FEET, THENCE SOUTH 28º57'28" WEST A DISTANCE OF 27.17 FEET TO A POINT TO A POINT 37.00 FEET EAST OF THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 00º09'57" WEST, ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 182.25 FEET THENCE NORTH 89º54'53" WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 5.00 FEET; THENCE NORTH 00º09'57" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 183.55 FEET TO A POINT 80.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 28º57'28" EAST A DISTANCE OF 34.26 FEET TO THE POINT OF BEGINNING CONTAINING 1,261 SQUARE FEET, MORE OR LESS. (ALL IN DOUGLAS COUNTY, KANSAS)

Section 3. The interests in said real estate described in Section 2 hereof are hereby ordered condemned for the purpose and use set forth in Section 1 hereof.

Section 4. Attorneys for the City of Lawrence, Kansas, for and on behalf of the Governing Body of the City of Lawrence, Kansas, are hereby authorized and directed to file a verified petition in the District Court of Douglas County, Kansas, for the condemnation and appropriation of the interests in real estate described in Section 2 hereof, pursuant to the Eminent Domain Procedure Act, K.S.A. Chapter 26, as amended, and pursuant to K.S.A. 12-6a01, Et Seq. as amended, and Resolution No. 6570 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said interests in real estate for said public purpose and improvements.

Section 5. This ordinance shall constitute the final order setting forth the condemnation of interests in the real estate described herein and the purpose for which the same shall be used.

Section 6. This ordinance shall be in full force and effect from and after its passage and publication according to law.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, on the ______ day of _________________, 2004.

APPROVED:

_________________________

Mike Rundle, Mayor

ATTEST:

____________________________________

Frank S. Reeb, City Clerk

Approved as to form and legality:

__________________________________

David L. Corliss

Director of Legal Services & Assistant City Manager