ORDINANCE NO. 7866
AN ORDINANCE ORDERING THE CONDEMNATION AND APPROPRIATION OF INTERESTS IN CERTAIN REAL ESTATE IN LAWRENCE, KANSAS, FOR THE PURPOSE AND 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, AS THE SAME RELATE TO CONDEMNATION BY CITIES, 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, AND FURTHER PURSUANT TO RESOLUTION 6580 OF THE CITY OF LAWRENCE, KANSAS.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did, on the 8th day of March, 2005, adopt Resolution No. 6580, thereby finding and determining it to be necessary and in the public interest to appropriate for public use and purpose, interests in certain real estate in the City of Lawrence, Douglas County, Kansas needed for the 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, has heretofore authorized and ordered a survey of the interests in the lands to be condemned to be made by a competent engineer 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. That the Governing Body of the City of Lawrence, Kansas, hereby affirms all its prior orders and declarations of the necessity for the appropriation of certain real estate interests for the use of said City for the purpose of the construction and maintenance of a street improvement project and all other uses appurtenant thereto, 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.
Section 2. The interests in real estate to be taken for such public purpose are described as follows, to-wit:
A drainage 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 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:
A temporary construction easement, said easement shall expire 12 months after completion of the project and acceptance by the City of Lawrence or December 31, 2006, whichever shall first occur, 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.
The above said temporary construction easement areas contain 32,268 square feet, more or less, all in Douglas County, Kansas.
Section 3. The interests in said real estate described in Section 2 hereof are hereby ordered condemned for the purpose and use set forth in Section 1 hereof.
Section 4. Attorneys for the City of Lawrence, Kansas, for and on behalf of the Governing Body of the City of Lawrence, Kansas, are hereby authorized and directed to file a verified petition in the District Court of Douglas County, Kansas, for the condemnation and appropriation of the interests in real estate described in Section 2 hereof, pursuant to the Eminent Domain Procedure Act, K.S.A. Chapter 26, as amended, and pursuant to K.S.A. 12-6a01, Et Seq. as amended, and Resolution No. 6580 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said interests in real estate for said public purpose and improvements.
Section 5. This ordinance shall constitute the final order setting forth the condemnation of interests in the real estate described herein and the purpose for which the same shall be used.
Section 6. This ordinance shall be in full force and effect from and after its passage and publication according to law.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, on the _______th 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
Assistant City Manager/Director of Legal Services