Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni R. Wheeler, Director of Legal
C:	Charles Soules, Director of Public Works Dave Wagner, Director of Utilities
Date:	July 8, 2011
RE:	KDOT Project No. 10-23 KA-0685-01– 23^rd Street Bridge Replacement – KDOT’s Eminent Domain Action for Necessary Property Interests

Please place this item on the City Commission’s agenda for action. 

Background

The City entered into an agreement in August 2010, with the Secretary of the Kansas Department of Transportation (KDOT) for the 23^rd Street Bridge Replacement Project.  This agreement provides for the construction, reconstruction, and maintenance of a City connecting link within the City’s corporate limits for State Highway K-10.  Pursuant to the agreement, KDOT is responsible for acquiring the necessary property interests, including permanent and temporary easements, by condemnation, if necessary.  (See Article I, Paragraph 2 of the Agreement).

KDOT is pursuing condemnation of some of the property interests  (see attached site plan.)  KDOT requests the City verify the Eminent Domain Petition and affirm the project is necessary for connecting link purposes.  KDOT further requests the City confirm that the interests in the real property set forth in the petition are required by the City and KDOT for the project.  City staff has reviewed the petition and the project plans and recommends the City verify and affirm the contents of the Eminent Domain Petition so KDOT can proceed with acquiring the property interests for the 23^rd Street Bridge Replacement Project.

Action Requested:  Authorize the City Manager to verify and affirm the Petition for Eminent Domain, styled In the Matter of the Condemnation of Land For State Highway Purposes, Debra L. Miller, Secretary of Transportation of the State of Kansas v. Thomas, et al. for acquisition of property interests for the 23^rd Street Bridge Replacement Project.