CITY COMMISSION AGENDA ITEM

Department:	Municipal Services & Operations		Commission Meeting Date:  January 8, 2019
Staff Contact:	Dave Cronin, City Engineer
Recommendations/Options/Action Requested:
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.
Executive Summary:		On December 18, 2018, the City Commission considered Resolution 7276 and moved to defer their action until January 8, 2019.  The eminent domain process allows a property owner the opportunity to provide input and present their case to the Court Appointed Appraisers.  This process is objective and protects the Property Owner’s rights.  The process provides the most fair/equitable value of the property for all parties. The CIP project PW18E10, includes widening 23^rd Street between Louisiana Street and Massachusetts Street to install a center turn lane in this corridor. The plan is to construct sidewalk along 23^rd 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: 06-2018 – City staff hired Aul Appraisals to conduct appraisals for all properties to be affected by the 23^rd Street sidewalk construction. PEC design consultants prepared tract maps, easement, and right-of-way descriptions for these same properties. 07-19-18 – City staff mailed initial offer letter for easements to property owners. 08-01-18 – Meeting on-site with property owner and City staff to discuss concerns about the plans and the initial compensation offer. 08-16-18 – Meeting in City Hall with property owner and City staff to discuss concerns about the plans and the initial compensation offer. 08-17-18 – City staff performed a tree assessment and valuation for three trees on 2305 Vermont. 08-22-18 – City staff mailed first revised offer letter to 2305 Vermont property owner. This offer included an increased compensation amount for 2 trees to be removed and to include utility easement along with the proposed sidewalk easement. Sidewalk alignment was adjusted to save a large oak tree. 09-06-18 – City receives counter offer email from property owner. 10-24-18 – City staff mail second revised offer letter to 2305 Vermont. 10-31-18 – Meeting in City Hall with property owner and City staff to discuss concerns about the plans and the revised compensation offer. 11-02-18 – Meeting on-site with property owner and City staff to discuss concerns about the plans and the revised compensation offer. 11-12-18 – City receives counter offer letter from property owner. 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. 1/8/2019 - Memo Update Easement Acquisition Background Information As part of the 23^rd Street Project, easements have been required for twelve properties totaling 7,539 square feet of permanent easements and 3,416 square feet of temporary construction easements. Thus far, eleven easements have been secured (out of 12) using the City’s standard acquisition procedure. All eleven property owners accepted the City’s appraised offer of compensation.  Four of these tracts were commercial properties. In two instances (2245 Tennessee St and 2242 Vermont Street), landscape replacement plans were prepared for properties impacted by sidewalk installation.  Total property acquisition costs to date amount to $29,250 for all eleven tracts.  This amount includes $7,000 for tree and shrub loss on four tracts. The property owner at 2305 Vermont St was offered a similar landscape mitigation plan but declined. The development of such a plan remains available to the property owner through condemnation proceedings. Legal Description and Right-of-Way Width The property at 2305 Vermont Street is not platted and therefore requires an in-depth review of property records to accurately determine the property’s lot lines. The City has utilized the services of Kansas Secured Title and Professional Engineering Consultants to determine the existing lot lines of the property. Early research indicated that 23^rd Street’s southern ROW was 30-feet adjacent to the referenced property. However, further research performed in October 2018 determined the ROW width to be 33-feet in relation to this property. A Professional Land Surveyor licensed in the state of Kansas has prepared, signed, and sealed a legal description for the property based upon this research. This revised description has informed the City’s subsequent negotiations with the property owner. Tract 5, Exhibit A Project Implications The street widening and waterline replacement portion of the 23^rd Street Project will continue within the 33’ of existing right of way at the 2305 Vermont Street property. Curb installation may require the removal of two trees located within right of way on the west side of the property. The installation of the proposed seven-foot-wide sidewalk along the property’s 23^rd Street frontage may not proceed without acquisition of a pedestrian easement. Without the sidewalk in place, sidewalk closure signs will be installed to detour pedestrians around the property to the new sidewalk to be installed on the north side of 23^rd Street (see detour document attached).  If the parcel is ever platted, the subdivision regulations would require right-of-way to be dedicated to the city. Additionally, the extent of the proposed driveway replacement from 2305 Vermont Street to 23^rd Street will be limited to the edge of the right of way line (2.2 square yards, $217) in lieu of the more extensive driveway replacement required to facilitate sidewalk installation to ADA standards (13.2 square yards, $1,307).
Strategic Plan Critical Success Factor		Safe, Healthy, and Welcoming Neighborhoods Innovative Infrastructure and Asset Management Sound Fiscal Stewardship Collaborative Solutions
Fiscal Impact (Amount/Source):		The estimated fiscal impact to the City is $1,900 based on the city’s 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.
Attachments:		Resolution 7276 Eminent Domain Process Memo – Maria Garcia, Assistant City Attorney City-Property Owner Correspondence Fed Highway Chronology Fed Highway Early Law State Highway Plans 1927 Location Map Plan Sheets Sidewalk Construction Exhibit Sidewalk Closure/Detour Map
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 – 23^rd Street Geometric and Waterline Improvements Project.  Staff Memo & Attachments - Updated 01/16/18 May 15, 2018 Consent Agenda #8a Resolution No. 7246, declaring the City’s intent to issue General Obligation Bonds in the amount of $950,000 for the design and construction of Louisiana Street from 12^th Street to 13^th Street (CIP Project No. PW18E8), and improvements to 23^rd Street from Massachusetts Street to Louisiana Street (CIP Project No. PW18E10)    Staff Memo & Attachments September 18, 2018 Consent Agenda #6a Award Bid No. B1834, 23^rd Street from Massachusetts Street to Louisiana Street, PW18E9 – 23^rd Street Mill & Overlay, from Iowa Street to Ousdahl, PW18E10 – 23^rd 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 23^rd 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 December 18, 2018 Regular Agenda #1 Consider adopting Resolution No. 7276, finding it in the public interest to appropriate, through the exercise of eminent domain, certain private property interests, including a utility and pedestrian easement and a temporary construction easement, for the use of the 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.    Staff Memo & Attachments

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