RESOLUTION NO. 6570

A RESOLUTION DECLARING THE NECESSITY OF THE CITY OF LAWRENCE, KANSAS, TO APPROPRIATE INTERESTS IN REAL ESTATE FOR THE USE OF SAID CITY IN THE CONSTRUCTION, IMPROVEMENT AND REPAIR OF CERTAIN CITY STREETS, SIDEWALKS, BICYCLE LANES, UTILITIES, STORM SEWERS AND STORM SEWER SYSTEMS, AND ALL FACILITIES APPURTENANT THERETO PURSUANT TO K.S.A. CHAPTER 26, ARTICLES 2 AND 5, TOGETHER WITH AN AUTHORIZATION FOR OBTAINING A SURVEY AND DESCRIPTION OF THE LAND OR INTEREST TO BE CONDEMNED.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, deems it necessary and in the public interest to acquire by condemnation an easement for right-of-way, in the following described tract of real estate situated in the City of Lawrence, Douglas County, Kansas, to-wit:

A TRACT OF LAND IN THE WEST 10 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 19 EAST, OF THE 6TH P.M., IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 00º09'57" WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89º54'53" EAST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 13.50 FEET; THENCE NORTH 00º09'57" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 100.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 6TH STREET, SAID POINT BEING 50.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89º54'53" EAST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 18.50 FEET; THENCE SOUTH 00º09'57" WEST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 213.55 FEET; THENCE NORTH 89º54'53" WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 32.00 FEET TO THE WEST LINE THEREOF; THENCE NORTH 00º09'57" EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 113.55 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 5,483 SQUARE FEET OR 0.1259 ACRES, MORE OR LESS, (ALL IN DOUGLAS COUNTY,KANSAS).

WHEREAS, the Governing Body of the City of Lawrence, Kansas, also deems it necessary to and in the public interest to acquire by condemnation a Pedestrian Easement in, upon, over, under and through the following described real estate situated in the City of Lawrence, Douglas County, Kansas, to-wit:

A TRACT OF LAND IN THE WEST 10 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6^TH P.M. IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:

WHEREAS, the Governing Body of the City of Lawrence, Kansas, also deems it necessary to and in the public interest to acquire by condemnation a temporary construction easement in, upon, over, under and through the following described real estate situated in the City of Lawrence, Douglas County, Kansas, to-wit:

COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00º09'57" WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 50.00 FEET; THENCE SOUTH 89º54'53" EAST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER AND ALONG THE SOUTH LINE OF 6^TH STREET, A DISTANCE OF 48.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89º54'53" EAST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 26.50 FEET; THENCE SOUTH 00º09'57" WEST, ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 7.50 FEET; THENCE NORTH 89º54'53" WEST, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 24.92 FEET, THENCE SOUTH 28º57'28" WEST A DISTANCE OF 27.17 FEET TO A POINT TO A POINT 37.00 FEET EAST OF THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 00º09'57" WEST, ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 182.25 FEET THENCE NORTH 89º54'53" WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 5.00 FEET; THENCE NORTH 00º09'57" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 183.55 FEET TO A POINT 80.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 28º57'28" EAST A DISTANCE OF 34.26 FEET TO THE POINT OF BEGINNING CONTAINING 1,261 SQUARE FEET MORE OR LESS, (ALL IN DOUGLAS COUNTY, KANSAS).

WHEREAS, the acquisition of said interests in real estate shall be for the purpose of use by the City of Lawrence, Kansas, in the construction of a street improvement project beginning generally at a point near West 6th Street & Folks Road and extending South to the intersection of Mulberry Drive, all in the City of Lawrence, Douglas County, Kansas;

WHEREAS, the Governing Body of the City of Lawrence, Kansas, authorizes the making of a survey and description of the lands and interests therein to be taken, by some competent engineer, said survey to be filed with the City Clerk of the City of Lawrence, Kansas.

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

A. The above recitals are incorporated herein by reference and made a part of this resolution.

B. That it is necessary and in the public interest to acquire by condemnation an easement for right-of-way in the following described real estate situated in the City of Lawrence, Douglas County, Kansas, to-wit:

together with the following pedestrian easement in, upon, over, under and through the following described real estate:

and also a temporary construction easement in, upon, over, under and through the following described real estate:

all for the purpose of and use in the construction of a street improvement project beginning near the intersection of West 6th Street & Folks Road and extending South to the intersection of Mulberry Drive, in the City of Lawrence, Douglas County, Kansas.

C. That a competent engineer shall be employed to provide a survey and description of said lands and the interests therein to be condemned, which shall be filed with the City Clerk of the City of Lawrence, Kansas.

Adopted by the Governing Body of the City of Lawrence, Kansas, on the day of November, 2004.

APPROVED:

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Mike Rundle, Mayor

ATTEST:

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Frank S. Reeb, City Clerk

Approved as to form and legality:

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David L. Corliss

Director of Legal Services & Assistant City Manager