Memorandum

City of Lawrence

City Manager’s Office

TO:	David L. Corliss, City Manager Debbie Van Saun, Assistant City Manager
FROM:	Kevin Doyle, PE Infrastructure & Development Coordinator
CC:	Phillip Ciesielski, John Miller, Lisa Pool
Date:	February 12, 2007
RE:	2300 Louisiana Utility Easement Acquisition

Background Information:

The owners of the property located north and east of the Checkers grocery store property, 2300 Louisiana, have proposed a multifamily development and wish to extend the sanitary sewer main onto their property to serve this development.  The Utilities Department has determined that a utility easement will be required across the Checkers property in order to extend the sewer main to the property.  The developers have attempted to obtain an easement from 2300 Louisiana LLC but have thus far been unable (See attached documents).

Eminent Domain Request:

At this point, the developers have requested that the City use its eminent domain authority to acquire the requisite utility easement through condemnation.  To that end, the developers have submitted a formal request and have agreed to pay all costs associated with the condemnation process and the easement acquisition (See attached letter).

Staff Recommendation:

In light of the fact that the Utilities Department has indicated the easement will be required and the developers have agreed to pay all acquisition and condemnation process costs, staff recommends that the City proceed with the condemnation process as outlined in the supporting documents.