Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss,  City Manager
FROM:	John Jay Miller, Staff Attorney
CC:	Debbie Van Saun, Assistant City Manager Toni Wheeler, Interim Director of Legal Services
Date:	January 10, 2007
RE:	Settlement Agreements between KDOT and Westgate, Domino, and Northland, L.C.

The proposed settlement agreements will resolve the condemnation lawsuit between the Kansas Department of Transportation (KDOT) and Westgate, Domino, and Northland L.C.’s. The lawsuits originated in 2004 from KDOT’s initiation of an eminent domain action for improvements along U.S. 40 Highway/6th street in the Lawrence.

The City of Lawrence is not a party to the lawsuit but the City is being asked to join in the settlement agreements as they relate to the reviewing, approving and filing of the final development plans that are agreed to by the plaintiffs and KDOT and ratifying that the properties at issue in the lawsuits do not have to replatted to be developed. 

The settlement agreements have been approved by the property owners/plaintiffs and KDOT and KDOT’s representatives recommend the City consent to the agreement.   Staff has reviewed the agreements and would recommend approval to assist in the settlement process.  Attached are the Westgate settlement agreement and exhibits and the Northland and Domino settlement agreement and exhibits. 

Action Requested:  Consent to settlement agreements.