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 30, 2009
RE:	Agenda Item – Burroughs Creek Trail: Property Acquisition

Please include the following item on the City Commission Agenda for consideration at the July 7th, 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 September; 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). Of the eighteen residentially zoned parent tracts, sixteen have been successfully acquired. Twenty industrially zoned parent tracts were needed and eighteen have been acquired through negotiation. The property owner of Tract 35 has accepted the offer of compensation based upon the appraisal data.

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 Acorn East, L.L.C., for acquisition of abandoned railroad right-of-way and a sanitary sewer easement in the amount of $35,750.00 for the Burroughs Creek Trail Project (Tract 35).