RESOLUTION NO. 6729

 

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 STONERIDGE DRIVE (FORMERLY KNOWN AS FENCELINE ROAD), FROM THE INTERSECTION OF WEST 6TH STREET (U.S. HIGHWAY 40), SOUTH APPROXIMATELY 630 FEET, INCLUDING A RIGHT-TURN LANE ON 6TH STREET, AND ALSO INCLUDING SIDEWALKS, BICYCLE LANES, TRAFFIC CALMING AND CONTROL DEVICES AND INTERSECTION IMPROVEMENTS, UTILITIES, STORM SEWERS AND STORM SEWER SYSTEMS, AND ALL FACILITIES APPURTENANT THERETO PURSUANT TO K.S.A. CHAPTER 26, ARTICLES 2 AND 5, 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 of Stoneridge Drive (formerly known as Fenceline Road), beginning generally at a point near the intersection of West 6th Street(U.S. Highway 40) and Stoneridge Drive extending south approximately 630 feet to the intersection of the current limits of Stoneridge Drive as improved, 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, all for the purpose of, and use in the construction and improvement and repair of Stoneridge Drive (formerly known as Fenceline Road), from the intersection of West 6th Street (U.S. Highway 40), south approximately 630 feet, including a right-turn lane on 6th Street, and also including sidewalks, bicycle lanes, traffic calming and control devices and intersection improvements, utilities, storm sewers and storm sewer systems, and all facilities appurtenant thereto, all in the City of Lawrence, Douglas County, Kansas;

 

C.        That a licensed land surveyor or 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 17th day of July, 2007.

                                                                                                APPROVED:

 

 

                                                                                                _________________________

                                                                                                Sue Hack, Mayor

 

 

ATTEST:

 

 

 

____________________________________

Frank S. Reeb, City Clerk

 

 

Approved as to form and legality:

 

 

 

________________________________________

Toni Ramirez Wheeler, Director of Legal Services

Exhibit A

 

Property Owner of Record: Christine A. Collister (Douglas County Plate No. U15801A)

 

TEMPORARY CONSTRUCTION EASEMENT

 

LEGAL DESCRIPTION

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

 

A TRACT OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH P.M. IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 32 S.2°08’21”E. 344.49 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 40 (RECORDED IN BOOK 908 ON PAGE 1792 AT THE DOUGLAS COUNTY REGISTER OF DEEDS); THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID    US HIGHWAY 40 S.87°51’39”W. 40.00 FEET TO THE POINT OF BEGINNING; THENCE S.2°08’21”E.  356.48 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1, STONERIDGE NORTH SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID STONERIDGE NORTH SUBDIVISION

S.87°56’58”W. 10.00 FEET; THENCE N.2°08’21”W. 356.48 FEET; THENCE N.87°51’39”E. 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.082 ACRES.

 

ALSO:

 

COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 32 S.2°08’21”E. 377.30 FEET TO THE SOUTHEASTERLY CORNER OF A PERMANENT EASEMENT RECORDED IN BOOK 908      ON PAGE 1795 AT THE DOUGLAS COUNTY REGISTER OF DEEDS; THENCE ALONG A SOUTHERLY LINE OF THE SAID PERMANENT EASEMENT S.87°51’39”W. 62.34 FEET TO THE POINT OF BEGINNING; THENCE S.87°51’39”W.  10.02 FEET; THENCE N.5°42’28”W. 253.13 FEET TO A SOUTHERLY LINE OF THE SAID PERMANENT EASEMENT; THENCE ALONG THE SAID SOUTHERLY LINE N.89°04’51”E. 10.02 FEET; THENCE ALONG A WESTERLY LINE OF THE SAID PERMANENT EASEMENT S.5°42’28”E. 253.09 FEET TO THE POINT OF BEGINNING, CONTAINING 0.058 ACRES.

 

Said temporary easement to expire 90 days after the completion of construction or December 31, 2008, whichever shall first occur.

 

 

 

 

 

 

 

ALSO:

 

PERMANENT AND PERPETUAL ROAD RIGHT-OF-WAY

For use in the construction, installation, expansion, development and maintenance of a street and sidewalk, with appurtenances and attendant facilities thereto, and for all other lawful uses and purposes.

 

LEGAL DESCRIPTION

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

 

A TRACT OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH P.M. IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE ALONG THE   EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 32 S.2°08’21”E. 344.49 FEET TO THE POINT OF BEGINNING BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 40 (RECORDED IN BOOK 908 ON PAGE 1792 AT THE DOUGLAS COUNTY REGISTER OF DEEDS); THENCE ALONG THE EAST LINE    OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID   SECTION 32 S.2°08’21”E.  356.48 FEET TO THE NORTHEAST CORNER OF STONERIDGE NORTH SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID STONERIDGE NORTH SUBDIVISION S.87°56’58”W. 40.00 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK ONE IN SAID STONERIDGE NORTH SUBDIVISION; THENCE N.2°08’21”W. 356.48 FEET TO A SOUTHERLY RIGHT-OF-WAY LINE OF SAID US HIGHWAY NO. 40; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID US HIGHWAY NO. 40 N.87°51’39”E. 40.00 FEET TO THE POINT OF BEGINNING, SAID AREA CONTAINING 0.327 ACRES, MORE OR LESS.