Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss – City Manager Cynthia Boecker - Assistant City Manager Diane Stoddard - Assistant City Manager
FROM:	R. Scott Wagner – Management Analyst, Legal Department
CC:	Toni Wheeler, Director
Date:	June 10, 2009
RE:	Agenda Item – Burroughs Creek Trail: Property Acquisition

Please include the following item on the City Commission Agenda for consideration at the June 16th, 2009 meeting:

Project Description.

Engineering design of this project is currently underway. Public Works staff estimates the project design to be completed and construction plans to be ready for bid letting by the end of July, 2009.  It is anticipated that construction will begin in August; with all construction to be completed by end of 2009.

The City of Lawrence will have to certify to the Kansas Department of Transportation that property acquisition is complete before bidding the project.  Legal staff has been working with outside counsel on acquiring the property interests to construct the recreation path.  Thirty eight tracts were needed for the project.  (Tract Map).  Offer letters were sent to parcels north of 19^th Street in November of 2008.  Offers for the industrial zoned properties to the south of 19^th Street were sent on March 4, 2009.  Negotiations have been continuing and several agreements have been reached with the adjacent property owners.  Of the eighteen residentially zoned parent tracts, fifteen have been successfully acquired.  Twenty industrially zoned parent tracts were needed and sixteen have been acquired through negotiation.  The City contracted with BG Consultants to survey the property and sanitary sewer lines within the former Burlington, Northern and Santa Fe railroad right-of-way, and with Bliss & Associates to provide a fair market valuation of the required property interests.   The property owners below have accepted the offers of compensation based upon the appraisal data. (Tract 18, Tract 23, Tract 28, Tract 36, Tract 38 and Tract 40).

The remaining properties will be obtained through the eminent domain process.  Condemnation proceedings were authorized with the adoption of Ordinance 8389 on May 5, 2009 and the petition was filed on June 2nd.

Action Requested:

Authorize the City Manager to execute a purchase agreement with Francesa G. Scott, Trustee, for acquisition of abandoned railroad right-of-way in the amount of $29,400.00 for the Burroughs Creek Trail Project (Tracts 18 & 23).  

Authorize the City Manager to execute a purchase agreement with Lee H. Zimmerman, for acquisition of abandoned railroad right-of-way in the amount of $25,900.00 for the Burroughs Creek Trail Project (Tract 28).

Authorize the City Manager to execute a purchase agreement with 2KD, L.C., for acquisition of abandoned railroad right-of-way and a sanitary sewer easement in the amount of $60,000.00 for the Burroughs Creek Trail Project (Tract 36).

Authorize the City Manager to execute a purchase agreement with Group 4, LLC, for acquisition of abandoned railroad right-of-way and a sanitary sewer easement in the amount of $91,100.00 for the Burroughs Creek Trail Project (Tract 38). 

Authorize the City Manager to execute a purchase agreement with Venture Properties, Inc., for acquisition of abandoned railroad right-of-way and a sanitary sewer easement in the amount of $16,523.60 for the Burroughs Creek Trail Project (Tract 40).