ORDINANCE NO. 8662
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 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 23, 2011, adopt Resolution No. 6929, 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 sanitary sewer system improvement project, and all equipment and facilities appurtenant thereto, said project being commonly known as the General Wastewater Pumping Station Improvements Project UT0919CS, all located in 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 sanitary sewer system improvements, including pump stations, and all equipment and facilities appurtenant thereto, said project is known as the General Wastewater Pumping Station Improvements Project UT0919CS.
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. 6929 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 General Wastewater Pumping Station Improvements Project UT0919CS.
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:
UTILITIES PUMP STATIONS PROJECT
Interests to be acquired:
Tract No. 1
World Co.
P.O. Box 888
Lawrence, KS 66044
FEE SIMPLE INTEREST IN:
That part of Lot 1, Sunflower Addition in the Northeast Quarter of Section 5, 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 north line of said Lot 1 on an assumed bearing of N88°2006E, 692.56 feet to the Point of Beginning; thence, S01°3954E, 120.00 feet; thence, N88°2006E, 135.00 feet; thence, S01°3954E, 120.00 feet to the north line of said Lot 1; thence, along said north line S88°2006W, 135.00 feet to the point of beginning.
The above described contains 16,200 square feet, more or less; encumbered by 541 square feet of Storm Drainage Easement.
ALSO:
SANITARY SEWER EASEMENT
That part of Lot 1, Sunflower Addition in the Northeast Quarter of Section 5, 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 north line of said Lot 1 on an assumed bearing of N88°2006E, 38.90 feet to the Point of Beginning; thence, S01°3954E, 32.00 feet; thence, N88°2006E, 653.66 feet; thence, N01°3954W, 15.00 feet; thence, S88°2006W, 638.66 feet; thence, N01°3954W, 17.00 feet to said north line; thence, along said north line S88°2006W, 15.00 feet to the point of beginning.
The above described contains 10,060 square feet, more or less.
TOGETHER WITH:
Commencing at the northwest corner of said Lot 1; thence, along the north line of said Lot 1 on an assumed bearing of N88°2006E, 692.56 feet; thence, S01°3954E, 120.00 feet; thence, N88°2006E, 20.78 feet to the Point of Beginning; thence, S19°3411W, 252.77 feet; thence, S10°0048W, 250.99 feet to the south line of said Lot 1; Thence, along said south line N88°1938E, 20.42 feet; thence, N10°0048E, 245.18 feet; thence, N19°3411E, 258.87 feet; thence, S88°2006W, 21.46 feet to the point of beginning.
The above described contains 10,078 square feet, more or less.
also:
Temporary construction easement
Temporary Easement
Lot 1, Sunflower Addition
LEGAL DESCRIPTION
That part of Lot 1, Sunflower Addition in the Northeast Quarter of Section 5, 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 north line of said Lot 1 on an assumed bearing of N88°2006E, 53.90 feet to the Point of Beginning; thence, continuing along said north line N88°2006E, 638.66 feet; thence, S01°3954E, 17.00 feet; thence, S88°2006W, 638.66 feet; thence, N01°3954W, 17.00 feet to the point of beginning.
The above described contains 10,857 square feet, more or less.
TOGETHER WITH:
Commencing at the northwest corner of said Lot 1; thence, along the north line of said Lot 1 on an assumed bearing of N88°2006E, 20.00 feet to the Point of Beginning; thence, continuing along said north line N88°2006E, 18.90 feet; thence, S01°3954E, 32.00 feet; thence, N88°2006E, 96.10 feet; thence, S01°3954E, 98.00 feet; thence, S88°2006W, 60.00 feet; thence, N01°3954W, 80.00 feet; thence, S88°2006W, 55.00 feet; thence, N01°3954W, 50.00 feet to the point of beginning.
The above described contains 7,475 square feet, more or less.
TOGETHER WITH:
Commencing at the northwest corner of said Lot 1; thence, along the north line of said Lot 1 on an assumed bearing of N88°2006E, 692.56 feet; thence, S01°3954E, 120.00 feet; thence, N88°2006E, 4.69 feet to the Point of Beginning; thence, continuing N88°2006E, 16.09 feet; thence, S19°3411W, 252.77 feet; thence, S10°0048W, 250.99 feet to the south line of said Lot 1; thence, along said south line S88°1938W, 15.32 feet; thence, N10°0048E, 255.35 feet; thence, N19°3411E, 248.19 feet to the point of beginning.
The above described contains 7,555 square feet, more or less.
TOGETHER WITH:
Commencing at the northwest corner of said Lot 1; thence, along the north line of said Lot 1 on an assumed bearing of N88°2006E, 692.56 feet; thence, S01°3954E, 120.00 feet; thence, N88°2006E, 42.24 feet to the Point of Beginning; thence, continuing N88°2006E, 10.73 feet; thence, S19°3411W, 261.92 feet; thence, S10°0048W, 242.28 feet to the south line of said Lot 1; thence, along said south line S88°1938W, 10.21 feet; thence, N10°0048E, 245.18 feet; thence, N19°3411E, 258.87 feet to the point of beginning.
The above described contains 5,041 square feet, more or less.
tract no. 2
mark and margaret grinstead
p.o. box 1334
lawrence, ks 66044
fee simple interest in:
The north 120.00 feet of the west 133.00 feet of a tract of land recorded in Book 333, Page 1796 in the Office of the Register of Deeds and being a part of the Northeast Quarter of Section 25, Township 12 South, Range 19 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas.
The above described contains 15,960 square feet, more or less; encumbered by 3,960 square feet of Road Right-of-Way.
tract no. 3
woodcreek townhouse association
255 n. michigan (office)
attn: sara rock
lawrence, ks 66044
sanitary sewer easement
THAT PART OF TRACT B, WOODCREEK TOWNHOUSES, IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 20 EAST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT B, WOODCREEK TOWNHOUSES; THENCE, ALONG THE EAST LINE OF SAID TRACT B, ALSO BEING THE WEST LINE OF MICHIGAN STREET RIGHT-OF-WAY ON AN ASSUMED BEARING OF N01°46'36"W, 20.00 FEET TO THE POINT OF BEGINNING; THENCE, S88°1125W, 25.00 FEET; THENCE, N01°4636W, 10.00 FEET; THENCE, N88°1133E, 25.00 FEET TO SAID EAST LINE; THENCE, ALONG SAID EAST LINE S01°4636E, 10.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED CONTAINS 250 SQUARE FEET, MORE OR LESS.
tract no. 4
shelly myers
1746 e. 1350 rd.
lawrence, ks 66044
fee simple interest in:
That part of a tract of land recorded in Book 1024, Page 5155 in the Office of the Register of Deeds and being a part of the Southeast Quarter of Section 24, Township 12 South, Range 19 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas.
Commencing at the Northwest Corner of said Southeast Quarter; thence, along the north line of said Southeast Quarter on an assumed bearing of N88°1306E, 360.00 feet to Point of Beginning; thence, continuing along said north line N88°1306E, 140.00 feet to the northeast corner of said tract; thence, along the east line of said tract S01°5155E, 105.00 feet; thence, S88°1306W, 140.00 feet; thence, N01°5155W, 105.00 feet to the point of beginning.
The above described contains 14,700 square feet, more or less.
tract no. 5
clifford l. shaw, trustee
4851 harvard rd.
lawrence, ks 66049
access and sanitary sewer easement
THAT PART OF A TRACT OF LAND RECORDED IN BOOK 700, PAGE 251 IN THE OFFICE OF THE REGISTER OF DEEDS AND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER ON AN ASSUMED BEARING OF N01°5132W, 30.00 FEET; THENCE, N88°1306E, 500.04 FEET; THENCE, S01°4654E, 30.00 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE, ALONG SAID SOUTH LINE S88°1306W, 500.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED CONTAINS 15,001 SQUARE FEET, MORE OR LESS; ENCUMBERED BY 4,858 SQUARE FEET OF ACCESS EASEMENT AND 4,198 SQUARE FEET OF SANITARY SEWER EASEMENT.
also:
temporary construction easement
THAT PART OF A TRACT OF LAND RECORDED IN BOOK 700, PAGE 251 IN THE OFFICE OF THE REGISTER OF DEEDS AND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER ON AN ASSUMED BEARING OF N01°5132W, 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE N01°5132W, 35.00 FEET; THENCE, N88°1306E, 100.05 FEET; THENCE, S01°4654E, 35.00 FEET; THENCE, S88°1306W, 100.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED CONTAINS 3,501 SQUARE FEET, MORE OR LESS; ENCUMBERED BY 495 SQUARE FEET OF SANITARY SEWER EASEMENT.
TOGETHER WITH:
THAT PART OF A TRACT OF LAND RECORDED IN BOOK 700, PAGE 251 IN THE OFFICE OF THE REGISTER OF DEEDS AND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER ON AN ASSUMED BEARING OF N88°1306E, 500.00 FEET TO THE POINT OF BEGINNING; THENCE, N01°4654W, 30.00 FEET TO THE SOUTH LINE OF A TRACT OF LAND RECORDED IN BOOK 414, PAGE 566 IN THE OFFICE OF THE REGISTER OF DEEDS; THENCE, N88°1306E, 40.00 FEET; THENCE, S01°4654E, 30.00 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE, S88°1306W, 40.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED CONTAINS 1,200 SQUARE FEET, MORE OR LESS; ENCUMBERED BY 350 SQUARE FEET OF SANITARY SEWER EASEMENT.
Tract no. 6
cynthia denton
417 n michigan
lawrence, ks 66044
sanitary sewer easement
The north 20.00 feet of the south 120.08 feet of a tract of land recorded in Book 584, Page 685 in the Office of the Register of Deeds and being a part of the Southwest Quarter of Section 24, Township 12 South, Range 19 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas.
The above described contains 4,678 square feet, more or less.
TOGETHER WITH:
That part of a tract of land recorded in Book 584, Page 685 in the Office of the Register of Deeds and being a part of the Southwest Quarter of Section 24, Township 12 South, Range 19 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas described as follows:
Commencing at the southwest corner of said Tract, also being the southeast corner of Lot 13, Riverridge Run Addition; thence, along the west line of said tract on an assumed bearing of N01°5154W, 44.06 feet to the Point of Beginning; thence, continuing along said west line N01°5154W, 27.40 feet; thence, S48°4342E, 104.55 feet to the south line of said Tract; thence, along said south line S88°0909W, 29.26 feet; thence N48°4342W, 64.45 feet to the point of beginning.
The above described contains 1,690 square feet, more or less.
also:
temporary construction easement
That part of a tract of land recorded in Book 584, Page 685 in the Office of the Register of Deeds and being a part of the Southwest Quarter of Section 24, Township 12 South, Range 19 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas, described as follows:
Commencing at the southwest corner of said tract, also being the southeast corner of Lot 13, Riverridge Run Addition; thence, along the west line of said tract on an assumed bearing of N01°5154W, 71.46 feet to the Point of Beginning; thence, continuing along said west line N01°5154W, 28.62 feet; thence, N88°0909E, 50.00 feet; thence, S01°5154E, 10.00 feet; thence S88°0909W, 28.00 feet; thence, S01°5154E, 39.23 feet; thence, N48°4342W, 30.15 feet, to the point of beginning.
The above described contains 1,136 square feet, more or less.
tract no. 7
devon & paula kissinger
506 sandpiper
lawrence, ks 66044
sanitary sewer easement
THAT PART OF LOT 12, RIVERRIDGE RUN ADDITION IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCE, ALONG THE SOUTH LINE OF SAID LOT 12 ON AN ASSUMED BEARING OF N59°1826W, 70.97 FEET TO THE SOUTH LINE OF A SANITARY SEWER EASEMENT AS RECORDED IN BOOK 447, PAGE 281 IN THE OFFICE OF THE REGISTER OF DEEDS IN SAID COUNTY; THENCE, ALONG SAID SOUTH LINE N88°0909E, 29.26 FEET; THENCE, S48°4342E, 41.87 FEET TO THE EAST LINE OF SAID LOT 12; THENCE ALONG SAID EAST LINE S01°5154E, 9.55 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED CONTAINS 704 SQUARE FEET, MORE OR LESS; ENCUMBERED BY 80 SQUARE FEET OF UTILITY EASEMENT.
also:
temporary construction easement
THAT PART OF LOT 12, RIVERRIDGE RUN ADDITION IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCE, ALONG THE SOUTH LINE OF SAID LOT 12 ON AN ASSUMED BEARING OF N59°1826W, 8.90 FEET TO THE WEST LINE OF A PUBLIC UTILITY EASEMENT AS RECORDED IN PLAT BOOK 15, PAGE 524 IN THE OFFICE OF THE REGISTER OF DEEDS IN SAID COUNTY; THENCE, ALONG SAID WEST LINE N01°5154W, 11.79 FEET TO THE POINT OF BEGINNING; THENCE, N48°4342W, 31.60 FEET TO THE SOUTH LINE OF A SANITARY SEWER EASEMENT AS RECORDED IN BOOK 447, PAGE 281 IN SAID OFFICE; THENCE, ALONG SAID SOUTH LINE N88°0909E, 23.06 FEET TO SAID WEST LINE; THENCE, ALONG SAID WEST LINE S01°5154E, 21.60 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED CONTAINS 249 SQUARE FEET, MORE OR LESS.
TOGETHER WITH:
THAT PART OF LOT 12, RIVERRIDGE RUN ADDITION IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12; THENCE, ALONG THE SOUTH LINE OF SAID LOT 12 S59°1826E, 5.77 FEET TO THE NORTH LINE OF A SANITARY SEWER EASEMENT AS RECORDED IN BOOK 447, PAGE 281 IN THE OFFICE OF THE REGISTER OF DEEDS IN SAID COUNTY; THENCE, ALONG SAID NORTH LINE N88°0909E, 39.25 FEET; THENCE, N48°4342W, 49.90 FEET TO THE WEST LINE OF SAID LOT 12; THENCE, ALONG SAID WEST LINE, 32.51 FEET ON A CURVE CONCAVE TO THE WEST WITH A RADIUS OF 50.00 FEET, AN ASSUMED CHORD BEARING OF S12°0427W, 31.94 FEET TO THE POINT OF BEGINNING;
THE ABOVE DESCRIBED CONTAINS 700 SQUARE FEET, MORE OR LESS.