Memorandum
City of Lawrence
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TO: |
Mike Wildgen, City Manager
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FROM: |
David L. Corliss, Assistant City Manager & Director of Legal Services |
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CC: |
Chuck Soules, Director of Public Works
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Date: |
June 2, 2005
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RE: |
Property Acquisition for Monterey Way and Peterson Road Benefit Districts |
The City has established four benefit districts in the Monterey Way and Peterson Road area: 1) the signalization of the Peterson Road and Kasold; 2) the improvement of Peterson Road from Kasold to west of Monterey Way; 3) the improvement of Monterey Way south of Peterson Road to approximately Stetson; and 4) the improvement of Monterey Way north of Peterson Road to Grand Vista. The benefit district resolutions, maximum assessment ordinances, and maps indicating property paying for these improvements can be found at: http://www.lawrenceks.org/specialassessment/pending.php
Monterey Way – South of Peterson Road and Peterson Road property acquisition
A significant portion of the project was the relocation of a Southern Star (f/d/b/a Williams) gas transmission line which roughly follows the alignment of Monterey Way. This line relocation was accomplished earlier this year at a cost that will be borne by the benefit district. The line relocation allows for the road improvement/widening, and the necessary road cut in the general area of the planned location of the roundabout at Monterey Way and Peterson. The existing line and the line relocation also necessitate the acquisition of additional property interests to build Monterey Way. Monterey Way is being shifted east from the section line along a portion of the road construction because of the gas transmission line. In the second creation of the Monterey Way benefit district (after the necessity of the gas line relocation was determined) property acquisition was added to this project.
Property acquisition is necessary from Fall Creek Farms for Monterey Way and Peterson Road improvements. Landplan Engineering, the City’s engineering firm for the four benefit district projects, estimates that Fall Creek Farms loses four lots from the extraordinary right-of-way and easement dedications necessary along Monterey Way south of Peterson Road. Ron Aul, with Aul & Hatfield Appraisals, prepared an appraisal for the proposed earlier takings associated with the Monterey Way project in 2003. As the project design was finalized and the necessary takings confirmed, staff met with Mr. Aul in April to readjust the appraisals to current values, lot impacts, and revised taking descriptions. The takings include the acquisition of a 20 foot strip of right-of-way along existing Monterey Way, a drainage easement along Monterey Way, right-of-way along Peterson Road between Kasold and Monterey Way, and necessary temporary construction easements. Staff recommends the acquisition of these necessary acquisitions at a total cost of $525,000.00. These costs will be paid by the Monterey Way (south of Peterson) and Peterson Road benefit districts. The City’s cost for the Monterey Way benefit district are limited to the costs attributed to the bike lanes on this road because the City’s development policy provided for City participation at the time of the initial creation of the benefit district. The City’s cost in the Peterson road benefit district are limited to 22.5% of the cost of pavement, subgrade treatment and cross road pipes for this improvement.
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Tract # |
Ownership |
Takings |
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9 (Peterson Rd.) |
GCB Holdings, Inc |
Right-of-way (.054 acres) |
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Pedestrian Easement (.032 acres) |
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Temp. Easement (.032 acres) |
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10 (Peterson Rd.) |
SOJAC Land Co. |
Right-of-way (.248 acres) |
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Pedestrian Easement (.172 acres) |
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Temp. Easement (1.077 acres) |
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11 (Peterson Rd.) |
Fall Creek Farms, Inc. |
Temp. Easement (.023 acres) |
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12 (Peterson Rd.) |
SOJAC Land Co. |
Right-of-way (.104 acres) |
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Temp. Easement (.153 acres) |
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14 |
SOJAC Land Co. |
Right-of-way (1.511 acres) |
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(Monterey Way & Peterson) |
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Drainage Easement (.204 acres) |
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Fill Easement (.528 acres) |
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Temp. Easement (4.3 acres) |
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15 (Peterson Rd.) |
SOJAC Land Co. |
Pedestrian Easement (.123 acres) |
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16 (Peterson Rd.) |
SOJAC Land Co. |
Pedestrian Easement (.048 acres) |
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17 (Peterson Rd.) |
William Fritzel |
Pedestrian Easement (.106 acres) |
Totals:
ROW = 1.917 acres
Ped. Easement = .481 acres
Drainage Easement = .204
Fill Easement = .528
Temp. Easement = 5.585
Monterey Way extended north of Peterson Road
The Monterey Bluffs development similarly lost developable property because of the gas transmission line relocation. The 2004 Aul appraisal indicated that the proposed takings at that time impacted the development to a cost of $395,717. Since that time the road plans have been further finalized, a portion of the area north of Peterson has been final platted, and the Monterey Bluffs development (Mike Stultz) has agreed to an acquisition cost of $75,000.00 as compensation for the lot adjustments and the necessary temporary construction easements. This cost will be paid by the Monterey Way (north of Peterson) benefit district with no City financial participation in this benefit district.
Recommendation: Staff recommends the acquisition of the necessary property interests: Fall Creek Farms: $525,000.00 and Monterey Bluffs $75,000.00.