ORDINANCE NO. 8367
AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF INTERESTS IN CERTAIN REAL ESTATE IN DOUGLAS COUNTY, KANSAS, FOR THE PURPOSE AND USE OF THE CITY OF LAWRENCE, KANSAS FOR THE LOCATION, CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC SANITARY SEWER PUMP STATION, SANITARY SEWER MAIN AND ALL EQUIPMENT AND FACILITIES APPURTENANT THERETO, PURSUANT TO K.S.A. § 26-201 ET SEQ. AND THE EMINENT DOMAIN PROCEDURE ACT, K.S.A. § 26-501 ET SEQ., ALONG WITH K.S.A. 12-622 AND K.S.A. 12-623.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did, on the 6th day of January, 2009, adopt Resolution No. 6818 thereby finding and determining it to be necessary and in the public interest to appropriate for public use and purpose, interests in certain real estate in Douglas County, Kansas needed for the use by the City of Lawrence, Kansas, in the construction of a sanitary sewer improvement project, said project is commonly known as the Pump Station 25 project and is located immediately north of 3800 Greenway Circle, Lawrence, Kansas and south of the Burlington, Northern, Santa Fe railroad right-of-way;
WHEREAS, the Governing Body of the City of Lawrence, Kansas, has heretofore authorized and ordered a survey of the interests in the lands to be condemned, to be made by a competent engineer, and said survey has been made and filed with the City Clerk for the City of Lawrence.
NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. That the Governing Body of the City of Lawrence, Kansas, hereby affirms all its prior orders and declarations of the necessity for the appropriation of certain real estate interests for the use of said City for the purpose of the construction and maintenance of a sanitary sewer pump station, sanitary sewer main, and all equipment and facilities appurtenant thereto, for the purpose of constructing said sanitary sewer pump station, sanitary sewer main, and all equipment and facilities appurtenant thereto.
Section 2. The interests in real estate to be taken for such public purpose are described as follows:
Fee simple title to a tract of land described as follows:
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 20 EAST OF THE 6TH P.M. DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 N.2°26’59”W. (BEING AN ASSUMED BEARING) 426.40 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF THE SAID RAILROAD THE FOLLOWING 2 COURSES (1) S.67°19’00”E. 634.65 FEET; THENCE (2) ON A CURVE TO THE LEFT WITH A RADIUS OF 1959.86 FEET AN ARC LENGTH OF 29.63 FEET (CHORD OF SAID CURVE BEARS: S.67°44’59”E. 29.63 FEET TO THE NORTHWEST CORNER OF A TRACT COVEYED TO WILMA MILLER RECORDED IN BOOK 158 ON PAGE 342 AT THE DOUGLAS COUNTY REGISTER OF DEEDS; THENCE ALONG THE WEST LINE OF THE SAID MILLER TRACT S.8°43’29”E. 150.85 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE NORTH LINE OF EAST HILLS BUSINESS PARK NO. 2; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE NORTH LINE OF SAID EAST HILLS BUSINESS PARK NO. 2 S.88°03’31”W. 618.00 FEET TO THE POINT OF BEGINNING, CONTAINING 4.005 ACRES.
Section 3. The interests in said real estate described in Section 2 hereof are hereby ordered condemned for the purpose and use set forth in Section 1 hereof.
Section 4. Attorneys for the City of Lawrence, Kansas, for and on behalf of the Governing Body of the City of Lawrence, Kansas, are hereby authorized and directed to file a verified petition in the District Court of Douglas County, Kansas, for the condemnation and appropriation of the interests in real estate described in Section 2 hereof, pursuant to the Eminent Domain Procedure Act, K.S.A. Chapter 26, as amended, and further pursuant to K.S.A. 26-501, and K.S.A. 12-622 and K.S.A. 12-623, along with Resolution No. 6818 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said interests in real estate for said public purpose and improvements.
Section 5. This ordinance shall constitute the final order setting forth the condemnation of interests in the real estate described herein and the purpose for which the same shall be used.
Section 6. This ordinance shall be in full force and effect from and after its passage and publication according to law.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, on the ____th day of January, 2009.
APPROVED
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Honorable Michael Dever
Mayor
ATTEST:
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Frank S. Reeb
City Clerk
Approved as to form and legality:
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Toni Ramirez Wheeler, Director of Legal Services