Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	R. Scott Wagner, Management Analyst
CC:	Toni Ramirez Wheeler, Director
Date:	October 4, 2011
RE:	Burroughs Creek Trail – Westar Easement Request

As part of the Kansas Department of Transportation 23^rd Street bridge replacement project, Westar Energy must relocate some of its distribution lines in the area.  In order to serve customers on either side of the Burroughs Creek Trail, Westar has requested a 20’ utility easement over a small portion of the trail (see map).

On September 15, various City departments – Utilities, Public Works, Parks and Recreation, met with Westar representatives at the proposed easement location.  After review of the site, staff did not object to Westar’s request for an overhead easement.  Development Services also reviewed the easement request for compliance with the City’s underground wiring district regulations.  The request meets one of the exemption requirements.

Legal staff has prepared an easement instrument conveying a non-exclusive, overhead easement to Westar (see survey of easement area).  As this linear park is not in City rights-of-way, an easement authorizing Westar to locate its facilities in this area must be granted.  Westar has offered an amount $2,247.00 for the purchase of the easement.  This amount is consistent with appraisal values the City completed with its property acquisition in the area for the Utilities relocations needed for the KDOT project.

Action Requested

Authorize the Mayor to execute a utility easement to Westar Energy for the acquisition amount of $2,247.