ca_2305_vermont_condemnation

ORDINANCE NO. 9617

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ORDERING THROUGH THE EXERCISE OF EMINENT DOMAIN THE CONDEMNATION AND APPROPRIATION OF CERTAIN INTERESTS IN REAL PROPERTY FOR THE USE OF SAID CITY PURSUANT TO K.S.A. 2017 SUPP. 26-501, AND ORDERING SAID INTERESTS TO BE CONDEMNED, ALL IN ACCORDANCE WITH K.S.A. 2017 SUPP. 26-201, ET SEQ., AS AMENDED.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on January 8, 2019, adopt Resolution No. 7276, thereby finding, determining, and resolving it to be necessary and in the public interest to exercise its power of eminent domain to appropriate for public use and purpose certain real property interests in Douglas County, Kansas, located at and commonly known as 2305 Vermont Street, Lawrence, Kansas, the legal description of which is set forth in Section 3, below, needed by the City for the purpose of a street, sidewalk, driveway, and waterline improvement project as declared in Resolution 7276; and

WHEREAS, the Governing Body has heretofore authorized and ordered a survey by a licensed land surveyor of the real property to be condemned and said survey has been made and filed with the City Clerk for the City of Lawrence.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if set forth in full.

SECTION 2. The Governing Body hereby affirms all of its prior orders and declarations regarding the necessity for the appropriation, through the exercise of eminent domain, of certain real property and interests therein located at and commonly known as 2305 Vermont Street, Lawrence, Kansas, the legal description of which is set forth in Section 3, below, for the purpose of the construction, installation, maintenance, repair, removal and replacement of a street, sidewalk, driveway, and waterline improvement project as declared in Resolution 7276.

SECTION 3. The real property and interests therein required to be taken for such public purpose are described as follows:

A PEDESTRIAN AND UTILITY EASEMENT:

That part of a tract described in Book 244, Page 60 and in Book 124, Page 245 recorded in the office of the Register of Deeds and located in the Northwest Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian, City of Lawrence, Douglas County, Kansas being described as follows:

Beginning 33 feet South of the intersection of the North line of said Section 7 and the West right-of-way line of Vermont Street extended on the South right-of-way line of W. 23rd Street; thence S01°35’28”E along West right-of-way line of said Vermont Street a distance of 3.00 feet; thence S89°01’38”W parallel with the South right-of-way line of said W. 23rd Street a distance of 26.22 feet; thence S86°59’49”W a distance of 98.81 feet to the East line extended of Jennings Addition; thence N01°35’28”W along said East line extended a distance of 6.50 feet to the South right-of-way line of said W. 23rd Street; thence bearing N89°01’38”E along said South right-of-way line a distance of 125.00 feet to the Point of Beginning, containing 548 square feet, more or less.

AnD

A TEMPORARY CONSTRUCTION EASEMENT FOR USE IN THE INSTALLATION AND CONSTRUCTION OF A SIDEWALK, DRIVEWAY, AND ATTENDANT APPURTENANCES.

Commencing 33 feet South of the intersection of the North line of said Section 7 and the West right-of-way line of Vermont Street extended on the South right-of-way line of W. 23rd Street; thence S01°35’28”E along the West right-of-way line of said Vermont Street a distance of 3.00 feet to the Point of Beginning; thence continuing S01°35’28”E along said West right-of-way line a distance of 5.00 feet; thence S89°01’38”W parallel with the South right-of-way line of said W. 23rd Street a distance of 125.00 feet to the East line of Jennings Addition; thence N01°35’28”W along said East line extended a distance of 1.50 feet; thence N86°59’49”E a distance of 98.81 feet; thence N89°01’38”E parallel with the South right-of-way line of said W. 23rd Street a distance of 26.22 feet to the Point of Beginning containing 452 square feet, more or less, which said temporary easement shall terminate on the 31st Day of December, 2019.

SECTION 4. That certain real property interests therein described in Section 3, hereof, are hereby ordered condemned for the purposes and for the use described in Section 2, hereof.

SECTION 5. Attorneys for the City of Lawrence, Kansas, for and in behalf of the Governing Body, are hereby authorized and directed to file, under the Eminent Domain Procedures Act, K.S.A. 2017 Supp. 26-501 et seq. a verified petition in the District Court of Douglas County, Kansas, Seventh Judicial District, for the condemnation and appropriation of certain real property and interests described in Section 3, hereof, together with Resolution No. 7276 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said real property and interests therein for the purpose of a street, sidewalk, driveway, and waterline improvement project as declared in Resolution 7276.

SECTION 6. This ordinance shall constitute the final order exercising eminent domain and setting forth the condemnation of the real property and interests therein described herein and the purpose for which the same shall be used.

SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication according to law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of __________, 2019.

APPROVED:

_____________________________

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.