ls_utilities_condemnation_ord

ORDINANCE NO. 8653

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ORDERING THROUGH THE EXERCISE OF EMINENT DOMAIN THE CONDEMNATION AND APPROPRIATION OF CERTAIN INTERESTS IN CERTAIN REAL ESTATE IN DOUGLAS COUNTY, KANSAS, FOR THE LOCATION, CONSTRUCTION, OPERATION, AND MAINTENANCE OF WATER SYSTEM AND SANITARY SEWER SYSTEM IMPROVEMENTS, AND ALL EQUIPMENT AND FACILITIES APPURTENANT THERETO, PURSUANT TO K.S.A 2010 SUPP. 26-201.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on August 16, 2011, adopt Resolution No. 6930, thereby finding, determining, and resolving it to be necessary and in the public interest to exercise its power of eminent domain to appropriate for public use and purpose certain interests in certain real estate in Douglas County, Kansas, needed by the City for the construction of a water system and sanitary sewer system improvement project, and all equipment and facilities appurtenant thereto, said project being commonly known as the 23rd Street Bridge Utilities Relocation Project and being immediately adjacent to the 23rd Street Bridge, near Haskell Indian Nations University, Lawrence, Douglas County, Kansas.

WHEREAS, the Governing Body has heretofore authorized and ordered a survey by a competent engineer of the interests in the lands to be condemned, and said survey has been made and filed with the City Clerk for the City of Lawrence.

NOW, THEREFORE, BE IT ORDAINED 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. The Governing Body hereby affirms all of its prior orders and declarations regarding the necessity for the appropriation through the exercise of eminent domain of certain real estate interests for the use of said City for the purpose of locating, constructing, operating, and maintaining water system and sanitary sewer system improvements, and all equipment and facilities appurtenant thereto, in conjunction with the 23rd Street Utilities Relocation Project.

SECTION 3. The certain interests in certain real estate to be taken by eminent domain for such public purposes are described in detail in Exhibit A, which is affixed hereto and incorporated herein by reference as if set forth in full.

SECTION 4. The certain interests in the certain real estate described in Section 3, supra, are hereby ordered condemned for the purposes and for the use described in Section 2, supra.

SECTION 5. Attorneys for the City of Lawrence, Kansas, for and in behalf of the Governing body, are hereby authorized and directed to file, under the Eminent Domain Procedures Act, K.S.A. 2010 Supp. 26-501 et seq. a verified petition in the District Court of Douglas County, Kansas, Seventh Judicial District, for the condemnation and appropriation of the certain interests in certain real estate described in Section 3, supra, together with Resolution No. 6930 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said interests in real estate for the 23rd Street Bridge Utilities Relocation Project.

SECTION 6. This ordinance shall constitute the final order exercising eminent domain and setting forth the condemnation of the interests in the real estate described herein and the purpose for which the same shall be used.

SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication according to law.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ___ day of September, 2011.

APPROVED:

_____________________________

Aron E. Cromwell, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

__________________________________

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.

Exhibit A

Legal Descriptions

23^rd Street Bridge Utility Relocations

Interests to be acquired:

Tract No. 1

United States of America

c/o Haskell Indian Nations University

155 Indian Ave.

Lawrence, KS 66046

Waterline Utility Easement

That part of the Northeast Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Northwest Corner of the Northeast Quarter of said Section 7; thence, along the north line of said Northeast Quarter on an assumed bearing of N89°01’32”E, 189.46 feet; thence, S01°38’08”E, 50.02 feet to the south line of the 23^rd Street right-of-way and being the Point of Beginning; thence, along said right-of-way, N89°01’55”E, 265.83 feet; thence, along said right-of-way, S86°00’02”E, 116.38 feet; thence, departing said right-of-way, S38°14’43”E, 42.65 feet to said 23^rd Street right-of-way; thence, along said right-of-way, S01°21’57”E, 17.29 feet; thence, along said right-of-way, S86°27’02”E, 501.85 feet; thence, along said right-of-way, S60°24’08”E, 22.77 feet; thence, N86°27’02”W, 519.57 feet; thence, N38°14’43”W, 59.12 feet; thence N86°00’02”W, 109.09 feet; thence, S89°01’55”W, 265.01 feet; thence, N01°38’08”W, 15.00 feet, to the point of beginning.

The above described contains 11,527 square feet, more or less.

Sanitary Sewer Easement

That part of the Northeast Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Northwest Corner of the Northeast Quarter of said Section 7; thence, along the north line of said Northeast Quarter on an assumed bearing of N89°01’32”E, 1299.34 feet, to the west line of the Haskell Rail Trail extended; thence, along said west line extended S01°37’57”E, 179.58 feet to the south line of the 23rd Street right-of-way; thence, along said west line, S01°37’57”E, 71.82 feet, to the Point of Beginning; thence, along said west line, S01°37’57”E, 40.00 feet; thence, S88°22’03”W, 30.00 feet; thence, N01°37’57”W, 40.00 feet; thence, N88°22’03”E, 30.00 feet, to the point of beginning.

The above described contains 1,200 square feet, more or less, encumbered by 400 square feet of existing Sanitary Sewer Easement.

Temporary Construction Easement

That part of the Northeast Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Northwest Corner of the Northeast Quarter of said Section 7; thence, along the north line of said Northeast Quarter on an assumed bearing of N89°01’32”E, 179.46 feet; thence, S01°38’08”E, 50.02 feet to the south line of the 23rd Street right-of-way and being the Point of Beginning; thence, along said right of way, N89°01’55”E, 10.00 feet; thence, S01°38’08”E, 15.00 feet; thence, N89°01’55”E, 265.01 feet; thence, S86°00’02”E, 109.09 feet; thence, S38°14’43”E, 59.12 feet; thence, S86°27’02”E, 519.57 feet to the south line of said 23^rd Street right-of-way; thence, along said right-of-way, S60°24’08”E, 22.77 feet; thence, N86°27’02”W, 544.50 feet; thence, N38°14’43”W, 59.16 feet; thence, N86°00’02”W, 104.23 feet; thence, S89°01’55”W, 274.46 feet; thence, N01°38’08”W, 25.00 feet, to the point of beginning.

The above described contains 11,527 square feet, more or less.

TOGETHER WITH:

That part of the Northeast Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Northwest Corner of the Northeast Quarter of said Section 7; thence, along the north line of said Northeast Quarter on an assumed bearing of N89°01’32”E, 1190.18 feet; thence, S01°21’57”E, 180.32 feet to the south line of the 23rd Street right-of-way and being the Point of Beginning; thence, along said right-of-way, N88°38’03”E, 110.00 feet to the west line of the Haskell Rail Trail; thence, along said west line, S01°37’57”E, 71.82 feet; thence, S88°22’03”W, 30.00 feet; thence, S01°37’57”E, 40.00 feet; thence, N88°22’03”E, 30.00 feet, to said west line; thence, along said west line, S01°37’57”E, 488.19 feet; thence, S88°22’03”W, 53.71 feet; thence, N04°14’19”W, 580.99 feet; thence, S88°38’03”W, 29.97 feet; thence, N01°21’57”W, 20.00 feet, to the point of beginning.

The above described contains 39,825 square feet, more or less, encumbered by 5,603 square feet of existing Sanitary Sewer Easement.

Tract No. 2

Sunset Plaza of Lawrence

807 E 23^rd St., Bldg. 1

Lawrence, KS 66046

Waterline Utility Easement

That part of Lot 4, StorGard Addition No.2 in the Northeast Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Northwest Corner of said Lot 4; thence, along the west line of said Lot 1 on an assumed bearing of S01°28’46”E, 20.01 feet, to the Point of Beginning; thence, S89°25’21”E, 98.76 feet, to the east line of said Lot 4; thence, along said east line, S01°28’46”E, 15.01 feet; thence, N89°25’21”W, 98.76 feet, to said west line, thence, along said west line, N01°28’46”W, 15.00 feet, to the point of beginning.

The above described contains 1,481 square feet, more or less, encumbered by 120 square feet of Platted Utility Easement.

Temporary Construction Easement

Commencing at the Northwest Corner of said Lot 4; thence, along the west line of said Lot 1 on an assumed bearing of S01°28’46”E, 20.01 feet; thence, S89°25’21”E, 8.01 feet, to the east line of an 8 foot Utility Easement and being the Point of Beginning; thence, along said Utility Easement, N01°28’46”W, 8.01 feet, to the south line of a 12 foot Utility Easement; thence, S89°25’21”E, 90.76 feet, to the east line of said Lot 4; thence, along said east line, S01°28’46”E, 8.01 feet; thence, N89°25’21”W, 90.76 feet, to the point of beginning.

The above described contains 726 square feet, more or less.

TOGETHER WITH:

Commencing at the Northwest Corner of said Lot 4; thence, along the west line of said Lot 1 on an assumed bearing of S01°28’46”E, 35.01 feet, to the Point of Beginning; thence, S89°25’21”E, 98.76 feet, to the east line of said Lot 4; thence, along said east line, S01°28’46”E, 10.01 feet; thence, N89°25’21”W, 98.76 feet, to said west line, thence, along said west line, N01°28’46”W, 10.02 feet, to the point of beginning.

The above described contains 988 square feet, more or less, encumbered by 80 square feet of Platted Utility Easement.

Tract No. 3

STG E23 LC

P.O. Box 1753

Lawrence, KS 66044

Temporary Construction Easement

That part of Lot 1, StorGard Addition No.2 in the Northeast Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Northwest Corner of said Lot 1; thence, along the west line of said Lot 1 on an assumed bearing of S01°28’46”E, 190.64 feet, to the south line of the parcel recorded at the Register of Deeds office in Deed Book 841, page 247 and being the Point of Beginning; thence, N88°16’40”E, 5.00 feet; thence, S01°28’46”E, 161.20 feet; thence, N89°25’21”W, 5.00 feet, to the west line of said Lot 1; thence, along said west line, N01°28’46”W, 161.00 feet, to the point of beginning.

The above described contains 806 square feet, more or less, encumbered by 50 square feet of Platted Utility Easement.

Tract No. 4

Bryan & Robin Harris

217 Dakota Street

Lawrence, KS 66046

Waterline Utility Easement

Beginning at the Northwest Corner of said Lot 1; thence, along the north line of said Lot 1 on an assumed bearing of N88°36’54”E, 32.50 feet; thence, S01°28’46”E, 9.97 feet; thence, S56°56’55”W, 38.15 feet, to the west line of said Lot 1; thence, along said west line, N01°28’46”W, 30.00 feet, to the point of beginning.

The above described contains 650 square feet, more or less.

Temporary Construction Easement

Commencing at the Northwest Corner of said Lot 1; thence, along the west line of said Lot 1 on an assumed bearing of S01°28’46”E, 30.00 feet, to the Point of Beginning; thence, N56°56’55”E, 5.87 feet; thence, S01°28’46”E, 163.69 feet, to the south line of the parcel recorded at the Register of Deeds office in Deed Book 841, page 247; thence, along said south line, S88°16’40”W, 5.00 feet, to the west line of said Lot 1; thence, along said west line, N01°28’46”W, 160.64 feet, to the point of beginning.

The above described contains 811 square feet, more or less.

Tract No. 5

Storage Trust Properties

c/o Dept. PT-KS-28211

P.O. Box 25025

Glendale, CA 91221

Waterline Utility Easement

That part of Lot 2, StorGard Addition No.2 in the Northeast Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Northeast Corner of said Lot 2; thence, along the east line of said Lot 2 on an assumed bearing of S01°28’46”E, 10.00 feet, to the Point of Beginning; thence, continuing along said east line, S01°28’46”E, 331.64 feet; thence, N89°27’07”W, 25.58 feet, to the west line of said Lot 2; thence, along said west line, N01°28’46”W, 15.01 feet; thence, S89°25’21”E, 10.57 feet; thence, N01°28’46”W, 242.13 feet; thence, S87°39’32”W, 10.57 to said west line; thence, along said west line, N01°28’46”W, 15.00 feet; thence, N87°39’32”E, 10.57 feet; thence, N01°28’46”W, 58.99 feet; thence, N88°39’11”E, 15.00 feet, to the point of beginning.

The above described contains 5,288 square feet, more or less, encumbered by 150 square feet of platted Utility Easement.

Temporary Construction Easement

(7T1)

Beginning at the Northwest Corner of said Lot 2; thence, along the north line of said Lot 2 on an assumed bearing of N88°39’11”E, 25.57 feet to the Northeast corner of said Lot 2; thence, along the east line of said Lot 2, S01°28’46”E, 10.00 feet; thence, S88°39’11”W, 15.00 feet; thence, S01°28’46”E, 58.99 feet; thence, S87°39’32”W, 10.57 feet, to the west line of said Lot 2; thence, along said west line, N01°28’46”W, 69.18 feet, to the point of beginning.

The above described contains 880 square feet, more or less.

TOGETHER WITH:

(7T-2)

Commencing at the Northwest Corner of said Lot 2; thence, along the west line of said Lot 2 on an assumed bearing of S01°28’46”E, 84.18 feet, to the Point of Beginning; thence, N87°39’32”E, 10.57 feet; thence, S01°28’46”E, 242.13 feet; thence, N89°25’21”W, 10.57 feet, to the west line of said Lot 2; thence, along said west line, N01°28’46”W, 241.59 feet, to the point of beginning.

The above described contains 2,556 square feet, more or less, encumbered by 106 square feet of platted Utility Easement.

TOGETHER WITH:

(7T-3)

Commencing at the Northwest Corner of said Lot 2; thence, along the west line of said Lot 2 on an assumed bearing of S01°28’46”E, 340.78 feet, to the Point of Beginning; thence, N89°25’07”E, 25.58 feet, to the east line of said Lot 2; thence, along said east line, S01°28’46”E, 10.01 feet; thence, N89°25’21”W, 25.58 feet, to the west line of said Lot 2; thence, along said west line, N01°28’46”W, 10.01 feet, to the point of beginning.

The above described contains 256 square feet, more or less.

Tract 6

Group4, LLC

P.O. Box 1734

Lawrence, KS 66044

Temporary Construction Easement

That part of Davol No. 2 in the Southeast Quarter of Section 6, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:

Commencing at the Southeast Corner of the Southeast Quarter of said Section 6; thence, along the south line of said Southeast Quarter on an assumed bearing of S89°01’32”W, 1204.00 feet; thence, N01°21’57”W, 126.43 feet to the north line of the 23^rd Street right-of-way and being the Point of Beginning; thence, continuing along said right-of-way, N01°21’57”W, 18.75 feet; thence, departing said right-of-way, S68°44’46”E, 48.75 feet to the north line of said 23^rd Street right-of-way; thence, S88°38’03”W, 45.00 feet to the point of beginning.

The above described contains 422 square feet, more or less.