RESOLUTION NO. 6628

 

A RESOLUTION DECLARING THE NECESSITY OF THE CITY OF LAWRENCE, KANSAS, TO APPROPRIATE INTERESTS IN REAL PROPERTY FOR THE 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, AND PURSUANT TO K.S.A. 12-685 ET SEQ. AS AMENDED, TOGETHER WITH AN AUTHORIZATION FOR OBTAINING A SURVEY AND DESCRIPTION OF THE LAND OR INTEREST TO BE CONDEMNED.

 

 

     WHEREAS, the Governing Body of the City of Lawrence, Kansas, deems it necessary and in the public interest to acquire by condemnation certain real property interests - in, upon, over, under and through the following described real estate, as described in Exhibit A attached hereto, and incorporated by reference as if fully set forth herein, situated in the City of Lawrence, Douglas County, Kansas; and

 

     WHEREAS, the acquisition of said interests in real property shall be for the purpose of use by the City of Lawrence, Kansas, in the construction and reconstruction of a main trafficway improvement project pursuant to K.S.A. 12-685 et seq., beginning generally at a point near the intersection of Bob Billings Parkway(formerly 15th Street) and Kasold Drive extending South to the intersection of 22nd Street and Kasold Drive, all in the City of Lawrence, Douglas County, Kansas; and

     WHEREAS, the Governing Body of the City of Lawrence, Kansas, authorizes the making of a survey and description of the lands and interests therein to be taken, by some competent engineer, said survey to be filed with the City Clerk of the City of Lawrence, Kansas.

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

 

A.              The above recitals are incorporated herein by reference and made a part of this resolution.

 

B.              That it is necessary and in the public interest to acquire by condemnation certain interests in real property as described in the attached Exhibit A, said exhibit is incorporated by reference as if fully set forth herein, said real estate all situated in the City of Lawrence, Douglas County, Kansas,

 

all for the purpose of, and use in the construction and reconstruction of a main trafficway improvement project beginning generally at the intersection of Bob Billings Parkway(formerly 15th Street) and Kasold Drive and extending South to the intersection of 22nd Street and Kasold Drive, all in the City of Lawrence, Douglas County, Kansas;

 

 

C.   That a competent engineer shall be employed to provide a survey and description of said lands and the interests therein to be condemned, which shall be filed with the City Clerk of the City of Lawrence, Kansas.

 

     Adopted by the Governing Body of the City of Lawrence, Kansas, on the 28th day of March, 2006.

                                      APPROVED:

 

 

                                      _________________________

                                      Dennis Highberger, Mayor

 

ATTEST:

 

 

 

____________________________________

Frank S. Reeb, City Clerk

 

 

Approved as to form and legality:

 

 

 

__________________________________

Gerald L. Cooley, City Attorney

Exhibit A

 

Tract One

 

Property Owner of Record:August Rentals, LLC

 

TEMPORARY CONSTRUCTION EASEMENT (3400-02 Augusta Drive, Douglas County Plate No. U15631)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

Beginning at the Northeast corner of Lot 71, Alvamar Estates, an addition to the City of Lawrence, Douglas County, Kansas also being a point on the Westerly right of way line of Kasold Drive; thence South 1°26'18" East along the Westerly right of way line of said Kasold Drive, 114.71 feet; thence continuing along the Westerly right of way line of said Kasold Drive along a curve to the right having a radius of 25.00 feet, an arc length of 36.55 feet, a chord bearing of South 40°53'41" West and a chord distance of 33.38 feet to a point on the Northerly right of way line of Augusta Drive; thence leaving said right of way line North 12°35'53" West, 15.39 feet; thence North 37°20'34" East, 32.66 feet; thence North 1°26'18" West, parallel with the Westerly right of way line of said Kasold Drive, 98.83 feet to a point on the North line of said Lot 71; thence North 88°33'42" East along the North line of said Lot 71, 5.00 feet to the Point of Beginning.Containing 0.02 Acres more or less.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2007, whichever shall first occur.

 

 

ALSO:

 

PERMANENT AND PERPETUAL PEDESTRIAN EASEMENT (3400-02 Augusta Drive, Douglas County Plate No. U15631)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

Commencing at the Northeast corner of Lot 71, Alvamar Estates, an addition to the City of Lawrence, Douglas County, Kansas also being a point on the Westerly right of way line of Kasold Drive; thence South 1°26'18" East along the Westerly right of way line of said Kasold Drive, 114.00 feet to the Point of Beginning; thence continuing along the Westerly right of way line of said Kasold Drive South 1°26'18" East, 0.71 feet; thence along a curve to the right having a radius of 25.00 feet, an arc length of 27.19 feet, a chord bearing of South 30°10'11" West and a chord distance of 25.87 feet to a point on the Northerly right of way line of Augusta Drive; thence leaving said right of way line North 29°21'44" East, 26.48 feet to the Point of Beginning. Containing 67 square feet more or less.

 

 

Tract Two

 

Property Owner of Record: Carol J. Gilmore, Trustee

 

TEMPORARY CONSTRUCTION EASEMENT (3424 Doral Court, Douglas County Plate No. U15639A)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A Tract of land being the East 5.00 feet of  Lot 79, in Alvamar Estates, an addition to the City of Lawrence, Douglas County, Kansas.  Containing 0.02 acres  more or less.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2007, whichever shall first occur.

 

 

 

Tract Three

 

Property Owner of Record: Price T. Banks and Marjorie E. Banks

 

TEMPORARY CONSTRUCTION EASEMENT (2018 Camelback Drive, Douglas County Plate No. U15642)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND BEING THE EAST 5.00 FEET OF LOT 82, IN ALVAMAR ESTATES, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS. Containing 0.01 acres  more or less.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2007, whichever shall first occur.

 

 

 

 

 

 

 

Tract Four

 

Property Owner of Record: Mark H. Hartford and Jacqueline Hartford

 

TEMPORARY CONSTRUCTION EASEMENT (2014 Camelback Drive, Douglas County Plate No. U15643)

 

LEGAL DESCRIPTION

In, upon, over, under and through the following described real estate:

 

A TRACT OF LAND BEING THE EAST 5.00 FEET OF LOT 83, IN ALVAMAR ESTATES, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS. Containing 0.01 acres  more or less.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2007, whichever shall first occur.