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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney’s Office |
Commission Meeting Date: Jan. 14, 2019 |
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Staff Contact: |
Maria Garcia, Assistant City Attorney |
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Recommendations/Options/Action Requested: |
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Adopt on first reading Ordinance No. 9617 ordering through the exercise of eminent domain the condemnation of certain property interests commonly located at 2305 Vermont Street, and authorizing the filing of a petition in Douglas County District Court, if appropriate. |
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Executive Summary: |
On January 8, 2019, the Governing Body Adopted Resolution 7276 finding it in the public interest 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. Pursuant to Resolution 7276, a survey of the interests to be condemned – signed and sealed by a licensed Kansas surveyor – was filed with the City Clerk on January 9, 2019. The next step in the process, pursuant to K.S.A. 2017 Supp. 26-201, is for the City to adopt an ordinance authorizing the takings and ordering the land condemned, and authorize the filing of a petition in Douglas County District Court. That ordinance is up for consideration at this time.
Upon adoption of Ordinance 9617, if appropriate, attorneys for the City will file a petition in Douglas County District Court under the Eminent Domain Procedure Act, K.S.A. 2017 Supp. 26-501 et seq., to acquire the needed easement interests on property commonly located at 2305 Vermont Street. |
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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): |
$1,900 (appraised value of the easements) and appraiser fees, which will be known once the court appoints the appraisers. |
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Attachments: |
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(for CMO use only) |
☒TM ☐DS ☐CT ☐BM |