AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF INTERESTS IN REAL ESTATE FOR USE AS A PERMANENT AND PERPETUAL EASEMENT FOR THE EXTENSION, CONSTRUCTION AND MAINTENANCE OF UTILITIES, INCLUDING SANITARY SEWER WITH ATTENDANT FACILITIES, IN, UPON, OVER, UNDER AND THROUGH A PORTION OF LOT ONE, BLOCK ONE IN LEWIS SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, TOGETHER WITH A TEMPORARY EASEMENT FOR USE IN THE EXTENSION AND CONSTRUCTION OF SAID SANITARY SEWER AND ATTENDANT FACILITIES IN, UPON, UNDER, OVER, AND THROUGH A PORTION OF SAID LOT ONE, BLOCK ONE IN LEWIS SUBDIVISION, PURSUANT TO THE EMINENT DOMAIN PROCEDURE ACT K.S.A. CHAPTER 26, ARTICLES 2 AND 5, AS AMENDED, AND FURTHER PURSUANT TO RESOLUTION 6711 OF THE CITY OF LAWRENCE, KANSAS.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, has found and determined it necessary to appropriate for public use and purpose certain private property in Lawrence, Douglas County, Kansas, needed for the extension, construction and maintenance of utilities, including a sanitary sewer with attendant facilities, all within said City; and
WHEREAS, said Governing Body has heretofore authorized and ordered the making of a survey of the lands and interests by some competent land surveyor or professional engineer who is competent to conduct a land survey; and said survey has been filed with the City Clerk.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section I. The Governing Body hereby affirms all of its prior orders and declarations as to the necessity of appropriating interests in real estate for public use for the extension, construction and maintenance of utilities, including a sanitary sewer and attendant facilities. Section II. The land and interests therein required to be taken for such public purpose is described as follows:
Permanent and perpetual easement in, upon, over, under, and across portions of the following described portions of real estate situated in Lawrence, Douglas County, Kansas:
A PORTION OF LOT ONE, BLOCK ONE IN LEWIS SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:
THE SOUTH 20.00 FEET OF SAID LOT ONE LYING EAST OF THE PLATTED 25' UTILITY EASEMENT (ELECTRIC, GAS, SEWER & PHONE) AND THE EAST 15.00 FEET OF SAID LOT ONE, CONTAINING 3953 SQUARE FEET, MORE OR LESS.
Temporary easement in, over, under, upon and across the following described portion of real estate situated in Lawrence, Douglas County, Kansas, to-wit:
A STRIP OF LAND LYING IN LOT ONE, BLOCK ONE, IN LEWIS SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:
THE WEST 5.00 FEET OF THE EAST-MOST 20.00 FEET OF SAID LOT ONE, EXCEPT THE SOUTH 20 FEET THEREOF, CONTAINING 598 SQUARE FEET, MORE OR LESS,
for the purpose and use in extending and constructing a sanitary sewer, with attendant facilities, which said temporary easement shall terminate on or before June 1, 2008.
Section III. The interests in said real estate described in Section II hereof are hereby ordered condemned for the purpose and use as set forth in Section I hereof.
Section IV. The law firm of Gilliland & Hayes, P.A., attorneys for the City of Lawrence, Kansas, for and on behalf of the Governing Body of the City of Lawrence, Kansas, is hereby directed and authorized to file a verified petition in the District Court of Douglas County, Kansas, for the condemnation and appropriation of the real estate described in Section II hereof, pursuant to the Eminent Domain Procedure Act, Chapter 26, of Kansas Statutes Annotated, as amended, and K.S.A. 12-685, et seq., as amended, and to do all things necessary for the condemnation and acquisition of said real estate for said public purposes and improvements.
Section V. This ordinance shall constitute the final order setting forth the condemnation of the lands described herein and for the purposes for which the same shall be used.
Section VI. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
PASSED AND APPROVED by the Governing Body of the City of Lawrence, Kansas, this ____ day of ________________, 2007.
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Sue Hack, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
Approved as to form and legality:
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Gerald L. Cooley, City Attorney