RESOLUTION NO. 6580
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, AND PURSUANT TO K.S.A. 12-6a01. ET SEQ. AS AMENDED, 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 a drainage easement in, upon, over, under and through the following described tract of real estate, attached hereto as Exhibit A, and incorporated by reference as if fully set forth herein, situated in the City of Lawrence, Douglas County, Kansas; and
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, attached hereto as Exhibit A, and incorporated by reference as if fully set forth herein, situated in the City of Lawrence, Douglas County, Kansas; and
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 Monterey Way & Peterson Road and extending South to the intersection of approximately Stetson Drive, all in the City of Lawrence, Douglas County, Kansas; and
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 a drainage easement and a temporary construction easement as described in the attached Exhibit A, said exhibit is incorporated by reference as if fully set forth herein, said real estate all situated in the City of Lawrence, Douglas County, Kansas
all for the purpose of the City of Lawrence, Kansas in the construction of a street improvement project beginning generally at a point near Monterey Way & Peterson Road and extending South to the intersection of approximately Stetson Drive, all 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 March, 2005.
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
LEGAL DESCRIPTION /DAVID R. AND JOAN K. BRUNFELDT
DRAINAGE EASEMENT
In, upon, over, under and through the following described real estate:
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 01°49'11" EAST, 1653.83 FEET ALONG THE EAST LINE, AND SOUTH 88°22'56" WEST, 20.00 FEET FROM THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 88°22'56" WEST, 90.00 FEET; THENCE NORTH 01°49'11" EAST, 275.00 FEET; THENCE NORTH 72°50'36" EAST, 93.32 FEET TO THE WEST RIGHT-OF-WAY LINE OF MONTEREY WAY; THENCE SOUTH 01°49'11" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, 300.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.594 ACRES (25,875 SQUARE FEET), MORE OR LESS.
ALSO:
TEMPORARY CONSTRUCTION EASEMENTS
In, upon, over, under and through the following described real estate:
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 01°49'11" EAST, 1653.83 FEET ALONG THE EAST LINE AND SOUTH 88°22'56" WEST, 110.00 FEET FROM THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 88°22'56" WEST, 70.00 FEET; THENCE NORTH 01°49'11" WEST, 329.39 FEET; THENCE NORTH 88°20'57" EAST, 160.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF MONTEREY WAY; THENCE SOUTH 01°49'11" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, 29.48 FEET; THENCE SOUTH 72°50'36" WEST, 93.32 FEET; THENCE SOUTH 01°49'11" EAST, 275.00 FEET TO THE POINT OF BEGINNING; AND,
A 14.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 01°49'11" EAST, 1455.36 FEET ALONG THE EAST LINE AND SOUTH 88°10'49" WEST, 348.14 FEET FROM THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 62°36'15" WEST, 14.83 FEET; THENCE ON A 43.00 FOOT RADIUS CURVE TO THE LEFT WITH A 36.39 FOOT CHORD BEARING SOUTH 37°34'10" WEST, AN ARC DISTANCE OF 37.58 FEET; THENCE SOUTH 12°32'05" WEST, 30.44 FEET; THENCE ON A 57.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 38.25 FOOT CHORD BEARING SOUTH 32°08'22" WEST, AN ARC DISTANCE OF 39.01 FEET; THENCE SOUTH 51°44'40" WEST, 26.77 FEET; THENCE ON A 43.00 FOOT RADIUS CURVE TO THE LEFT WITH A 43.84 FOOT CHORD BEARING SOUTH 21°05'51" WEST, AN ARC DISTANCE OF 46.00 FEET; THENCE SOUTH 09°32'57" EAST, 27.81 FEET; THENCE ON A 57.00 FOOT RADIUS CURVE TO THE RIGHT WITH 36.16 FOOT CHORD BEARING SOUTH 08°56'34" WEST, AN ARC DISTANCE OF 36.79 FEET; THENCE SOUTH 27°26'06" WEST, 128.65 FEET TO THE SOUTH LINE OF LOT 74, MONTEREY SUBDIVISION #2, IN THE CITY OF LAWRENCE.
SAID TEMPORARY CONSTRUCTION EASEMENTS SHALL TERMINATE AND NO LONGER BE IN EFFECT 12 MONTHS AFTER COMPLETION OF CONSTRUCTION AND ACCEPTANCE BY THE CITY OF LAWRENCE OR DECEMBER 31, 2006, WHICHEVER SHALL FIRST OCCUR.