Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni Ramirez Wheeler, Director of the Legal Department R. Scott Wagner, Management Analyst
CC:	Philip Ciesielski, Asst. Director, Dept. of Utilities Shelley Schupp, Dept. of Utilities
Date:	January 28, 2009
RE:	Prairie Wind Addition

The developers of the Prairie Wind Addition (former 2620 Haskell) have filed a plat with this infill residential development project.  Submitted public improvement plans have identified an existing City sewer main on the east property line of the subdivision that will be utilized for the project.  In order for the internal sanitary sewer infrastructure to tie-in to the City’s system, the developers have attempted to acquire a small, 10x15 foot sanitary sewer easement on the parcel at 2509 Allison Drive – Coons property.  The site contains an existing manhole and is City owned infrastructure, but is located just outside of a utility easement.  City Utilities Staff have required the developers to obtain a sanitary sewer easement in order to make the connection to the City’s system and to insure the infrastructure is in an easement.

The project developers have been unsuccessful to date in negotiating acquisition of the easement from the property owner.  Parnell Investors, LLC is requesting the City’s use of its eminent domain authority in obtaining the easement.  The developers will reimburse the City for the costs of the condemnation action.

Action Requested:

Authorize City use of eminent domain for acquisition of a sanitary sewer easement on property located at 2509 Allison Drive for the Prairie Wind Addition sanitary sewer public improvements.