CITY COMMISSION AGENDA ITEM |
Department: |
Municipal Services & Operations |
Commission Meeting Date: December 18, 2018 |
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Staff Contact: |
Zach Baker, Project Engineer |
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Recommendations/Options/Action Requested: |
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Adopt Resolution No. 7276 finding it in the public interest for the City of Lawrence to appropriate, through the exercise of eminent domain, certain interests in real property, including a utility and pedestrian easement and a temporary construction easement, for the use of said City for the purpose of a road and waterline improvement project, including construction of sidewalks and other appurtenances thereto, on property commonly located at 2305 Vermont Street, Lawrence, Douglas County, Kansas. |
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Executive Summary: |
The CIP project PW18E10, occurring on 23rd Street, includes widening 23rd Street between Louisiana Street and Massachusetts Street to install a center turn lane in this corridor. The plan is to construct sidewalk along 23rd Street once the street widening construction is complete. Throughout the design process the City has contacted property owners in this corridor and has negotiated terms for the acquisition of easements, where needed, to reinstall sidewalk after the street has been widened. A description and timeline of the easement negotiations with the owner of 2305 Vermont property are as follows:
During the easement acquisition process the City found documents showing the right-of-way (ROW) limits adjacent to the 2305 Vermont property to be 33 ft. from street centerline. The initial plan sheet showing the ROW as 30 ft. in this area is incorrect. Project plans and easement/ROW descriptions where updated to reflect this change and the second revised offer letter was sent to the property owner October 24, 2018.
Upon not reaching an agreement with the 2305 Vermont property owner, staff recommends proceeding with condemnation of 548 square feet for utility/pedestrian easement and 452 square feet for temporary construction easement to complete the sidewalk installation.
Attached is a memo from the Assistant City Attorney, Maria Garcia explaining the eminent domain process. At any time during the process, the City and Property Owner can come to a mutually acceptable settlement.
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Strategic Plan Critical Success Factor |
Safe, Healthy, and Welcoming Neighborhoods Innovative Infrastructure and Asset Management Sound Fiscal Stewardship Collaborative Solutions |
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Fiscal Impact (Amount/Source): |
The estimated fiscal impact to the City is $1,900 based on the citys current offer of compensation. Condemnation proceedings will subject acquisition of the property to the appraised value accepted by the court. However, initiation of eminent domain proceedings does not preclude the parties from reaching an agreement of a different amount outside of the court proceedings. Funds for the acquisition come from the project budget, CIP# PW18E10, funded in the 2018 adopted budget. |
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Attachments: |
Eminent Domain Process Memo Maria Garcia, Assistant City Attorney |
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Previous Agenda Reports: |
January 16, 2018 Consent Agenda #7 Authorize the City Manager to execute a Design Engineering Services Agreement, in the amount of $169,030, with PEC, P.A. for Project No. PW1722 and UT1720 23rd Street Geometric and Waterline Improvements Project. Staff Memo & Attachments - Updated 01/16/18
May 15, 2018 Consent Agenda #8a Resolution No. 7246, declaring the Citys intent to issue General Obligation Bonds in the amount of $950,000 for the design and construction of Louisiana Street from 12th Street to 13th Street (CIP Project No. PW18E8), and improvements to 23rd Street from Massachusetts Street to Louisiana Street (CIP Project No. PW18E10) Staff Memo & Attachments
September 18, 2018 Consent Agenda #6a Award Bid No. B1834, 23rd Street from Massachusetts Street to Louisiana Street, PW18E9 23rd Street Mill & Overlay, from Iowa Street to Ousdahl, PW18E10 23rd Street center turn lane, from Massachusetts Street to Louisiana Street, and UT9902 waterline replacement from Louisiana Street to Barker Avenue, to Sunflower Paving, in the amount of $2,077,599.20. Bid Memo & Attachments
November 6, 2018 Consent Agenda #16 Authorize the Mayor to dedicate right of way located on the northeast and northwest corners of 23rd Street and Massachusetts Street at Lot 12 in Block 4, in Haskell Place, an addition to the City of Lawrence and the South one-half of the East one-half of Lot 8 in Moreland Place, an addition to the City of Lawrence. Staff Memo & Attachments |
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(for CMO use only) |
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