RESOLUTION NO. 6929

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THE NECESSITY OF THE CITY OF LAWRENCE, KANSAS, A MUNICIPAL CORPORATION, TO APPROPRIATE THROUGH THE EXERCISE OF EMINENT DOMAIN CERTAIN INTERESTS IN REAL PROPERTY FOR THE USE OF SAID CITY FOR THE LOCATION, CONSTRUCTION, OPERATION, AND MAINTENANCE OF SANITARY SEWER SYSTEM IMPROVEMENTS, INCLUDING PUMP STATIONS, AND ALL EQUIPMENT AND FACILITIES APPURTENANT THERETO, AND GRANTING AUTHORIZATION TO OBTAIN A SURVEY AND DESCRIPTION OF THE LAND OR INTERESTS TO BE CONDEMNED, ALL IN ACCORDANCE WITH K.S.A. 2010 SUPP. 26-201.

WHEREAS the Governing Body of the City of Lawrence, Kansas finds that it is necessary and in the public interest to acquire certain interests in real property in Lawrence, Douglas County, Kansas, for the purpose of locating, constructing, operating, and maintaining sanitary sewer system improvements, including pump stations, and all equipment and facilities appurtenant thereto;

WHEREAS the Governing Body also deems it necessary and in the public interest to appropriate, through the exercise of eminent domain, for sanitary sewer system improvements including pump stations, and all equipment and facilities appurtenant thereto, various easements and other interests, including fee simple title, in, upon, over, under, and across portions of real estate located in the City of Lawrence, Douglas County, Kansas; and

WHEREAS the Governing Body also authorizes the making of a survey and description of the land or interests to be condemned, by a licensed land surveyor or professional engineer, who shall be competent to conduct a land survey, and directs that said survey and description of the land or interests to be condemned be filed with the City Clerk of the City of Lawrence, Kansas.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if set forth in full.

SECTION 2. It is necessary and in the public interest to appropriate, through the exercise of eminent domain, certain private property interests for the use of the City for the purpose of locating, constructing, operating, and maintaining sanitary sewer system improvements, including pump stations, and all equipment and facilities appurtenant thereto.

SECTION 3. A licensed land surveyor or a professional engineer, who is competent to conduct a land survey, shall be employed to provide a survey and description of the land or interests to be condemned. When completed, said survey and description of the land or interests to be condemned shall be filed with the City Clerk of the City of Lawrence, Kansas.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of August, 2011.

APPROVED:

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Aron E. Cromwell, Mayor

ATTEST:

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Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

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Toni R. Wheeler                                                        

Director of the Legal Department

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of the Legal Department.