Memorandum

City of Lawrence

City Attorney’s Office

 

TO:

Diane Stoddard, Interim City Manager

Toni Wheeler, City Attorney

FROM:

R. Scott Wagner, Management Analyst

CC:

Scott McCullough, Director, Planning and Development Services

DATE:

February 24, 2016

RE:

Appraisal of Easement Lot 52 – New Hampshire Street

 

Background

The City of Lawrence executed a Setback and Utility Easement Agreement on September 14, 2015, recorded at Book 1128, Page 2524 with the Douglas County Register of Deeds.  The easement was requested by the developer of the 100 East 9th Street project.  The easement effects the south 30 feet of City parking lot #8 and legally described as south 30 feet of Lot 58 of New Hampshire Street.  The easement prevents the construction of any improvements, buildings or structures that would restrict access to the 30’ building setback area.  The City may continue to use this area for parking purposes.  A utility easement was also granted for this area.  A copy of the easement agreement is attached for your reference.  The City granted this easement at no cost to the developer.

 

The same developer is working to improve 800 New Hampshire Street which is adjacent to the north side of City parking lot #8.

 

In order to construct the planned improvements to 800 New Hampshire Street to the design desired by the developer, which includes construction to the line of Lot 50 New Hampshire Street and egressing certain units out to this line, the developer has asked for a similar 30’ no-build setback easement on the north 30’ of Lot 52 New Hampshire Street (see attached map).

 

The City requested an appraisal of the value of the proposed 30’ building and setback easement, which is attached.  The appraisal determined that the value of the setback and easement is $70,000.

 

Appraisal Notes

The below information has been provided to the appraiser.

 

Ø  Original City Acquisition of Lot 52  Lots 52 and 58 were originally acquired by the City in June of 1988 for the acquisition amount of $170,000.  The deed was recorded at book 419, page 708 with the Douglas County Register of Deeds.  The cost of acquisition and improvement of the Lot was authorized by Resolution 5159, adopted May 3rd, 1988.  City acquisition of the lot was financed out of the general funds of the City.  There are no deed restrictions on the Warranty Deed conveying the property to the City.

 

Ø  Improvement of Lot 52  Lots 52, 54, 56 & 58 were authorized to be improved with the approval of Resolution 5159, adopted May 3rd, 1988.  The source of funds to be used for the improvement of the parking lot was general revenue bonds.

 

Ø  Encumbrances on Lot 52  According to a search by the Douglas County Register of Deeds, there are no easements of record encumbering Lot 52 of New Hampshire Street except for the above mentioned Setback and Utility Easement Agreement, recorded at Book 1128, Page 2524.  This easement affects the south 30 feet of Lot 58.  There appears to be a small 1.5 inch water service line that serves the drinking water fountain connecting to the waterline in the New Hampshire Street right-of-way.  There is no easement for this service line.

 

Ø  Easement Legal The requested easement legal description was given to the appraiser and consists of approximately 5,844 square feet covering the North 30 feet of Lot 52, New Hampshire Street.

 

Ø  Historic Review  Planning and Development Services has provided the attached map to the appraiser showing the extent of the 250’ environs for Locally Listed Landmarks and Historic Districts.  Lot 52 is not in the environs of any locally listed projects.