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 David Cronin, Project Engineer, Public Works
Date:	August 5, 2009
RE:	Agenda Item – Burroughs Creek Trail: Property Acquisition

Please include the following item on the City Commission Agenda for consideration at the August 11th, 2009 meeting:

Project Description.

On July 28, 2009, the City Commission received the final design plans and set a bid opening date of September 1, 2009 for the Burroughs Creek Trail 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 nineteen were acquired through negotiation.  Condemnation proceedings were authorized with the adoption of Ordinance 8389 on May 5, 2009 and the petition was filed on June 2nd.  The appraisers’ panel appointed by the court met July 29, 2009.  Their report provides a total value of just compensation for the three tracts condemned in the amount of $17,500.  Once the City makes payment to the Clerk of the District Court, the remaining property interests will be controlled by the City. 

Action Requested:

Authorize payment to the Clerk of the District Court in the amount of $17,500.00 for the acquisition of former railroad right-of-way property required for the construction of the Burroughs Creek Trail.