Memorandum

City of Lawrence

Department of Legal Services

TO:	David L. Corliss, City Manager
FROM:	Toni Ramirez Wheeler, Director of Legal Services R. Scott Wagner, Management Analyst
CC:	Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager Jonathan Douglass, Assistant to the City Manager Dave Wagner, Utilities Department Director
Date:	August 13, 2008
RE:	Sanitary Sewer Easement – 4500 Overland Drive

Background Information:

Bauer Farm Subdivision located generally north of Sixth Street and west of Folks Road has received the necessary land-use approvals to proceed.  A permanent sanitary sewer easement across a portion of Lot 1 of Block 4 of Overland Addition on the Fox Run Apartments property is necessary to extend the City’s sewer infrastructure to the subdivision.  A temporary construction easement will also be needed in order to construct the necessary sanitary sewer facilities. (See attached map).  The Fox Run Apartments property is already encumbered by a platted drainage easement (map).     

The Bauer Farm Subdivision developers, Free State Holdings, Inc., have been unsuccessful in obtaining the necessary sanitary sewer easement and temporary construction easement from the property owner, Koehler-Dahms, L.L.C. #1.

Eminent Domain Request:

Free State Holdings, Inc. has requested that the City use its eminent domain authority to acquire the easements so the sanitary sewer infrastructure can be constructed.  Free State Holdings, Inc. has agreed to pay all costs associated with acquisition of the easements, and the condemnation process.

Staff Recommendation:

Legal staff recommends the City initiate the eminent domain process by authorizing staff to draft a resolution condemning a sanitary sewer easement and a temporary construction easement, for placement on a future commission agenda.  Staff will also notify the property owner prior to placement of a resolution on the agenda.