First Published:                    

 

RESOLUTION NO.  6793

 

A RESOLUTION DECLARING THE NECESSITY OF THE CITY OF LAWRENCE, KANSAS, A MUNICIPAL CORPORATION, TO APPROPRIATE INTERESTS IN REAL PROPERTY FOR THE USE OF SAID CITY FOR THE LOCATION, CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC SANITARY SEWER MAIN AND ALL EQUIPMENT AND FACILITIES APPURTENANT THERETO, INCLUDING A TEMPORARY CONSTRUCTION EASEMENT, PURSUANT TO K.S.A. § 26-201 ET SEQ. AND THE EMINENT DOMAIN PROCEDURE ACT, K.S.A. § 26-501 ET SEQ., ALONG WITH AUTHORIZATION TO OBTAIN A SURVEY AND DESCRIPTION OF THE LAND OR INTERESTS TO BE CONDEMNED.

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas finds that it is necessary and in the interest of the public to acquire certain interests in real property in Lawrence, Douglas County, Kansas for the purpose of extending, constructing and maintaining a sanitary sewer main, and all equipment and facilities appurtenant thereto, including a temporary construction easement; and

 

WHEREAS, the Governing Body further deems it necessary and in the public interest to acquire by condemnation a permanent sanitary sewer easement and a temporary construction easement, in, upon, over, under, and across portions of real estate situated 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 land surveyor or professional engineer who is competent to conduct a land survey, 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:

 

Section 1.  The above recitals are incorporated herein as if fully set forth.

 

Section 2.   That it is necessary and in the public interest to acquire by condemnation certain private property for the use of the City for the purpose of extending, constructing and maintaining a sanitary sewer main, and all equipment and facilities appurtenant thereto, including a temporary construction easement.

 

Section 3.  That a licensed land surveyor or a professional engineer who is competent to conduct a land survey shall be employed to provide a survey and description of said lands or interest to be condemned which shall be filed with the City Clerk of Lawrence, Kansas.   

 

 

PASSED by the Governing Body of the City of Lawrence, Kansas, on the        day of August, 2008.

 

 

APPROVED

 

 

                                                           

Michael Dever, Mayor

ATTEST:

 

 

                                                           

Frank S. Reeb

City Clerk

 

 

Approved as to form and legality:

 

 

                                                           

Toni Ramirez Wheeler

Director of the Legal Department