Memorandum
City of Lawrence
Legal Department
TO: |
David L. Corliss, City Manager |
FROM: |
Toni Wheeler, Director Scott Wagner, Management Analyst |
CC: |
Chuck Soules, Director of Public Works Shoeb Udin, City Engineer |
Date: |
April 15, 2009 |
RE: |
Burroughs Creek Rail Trail |
On March 31, 2009, the Governing Body adopted Resolution No. 6829 declaring the necessity of the City to appropriate private property for the use of the City, and authorizing a survey and description of the land or interest to be condemned for the Burroughs Creek Rail Trail project.
The next step in the condemnation process is the adoption of an ordinance authorizing and providing for the acquisition of the land or interests, setting forth such condemnation, the interest to be taken, and for what purpose the same will be used. Upon adoption and publication of the ordinance, attorneys for the City will be authorized to file a verified petition in Douglas County District Court. The petition will ask the court to appoint three appraisers to provide a value of just compensation for the property interests being obtained. The City is generally seeking fee simple title to the abandoned railroad right-of-way along the former Burlington Northern, Santa Fe rail spur – see attached map. Map.
Engineering Design of this project is currently underway. Public Works staff estimates the project design to be completed and construction plans to be ready for bid letting by end of June, 2009. It is anticipated that construction will begin in August; with all construction to be completed by end of 2009.
The City of Lawrence will have to certify to the Kansas Department of Transportation that property acquisition is complete before bidding the project. Legal staff has been working with outside counsel on acquiring the property interests for the project. Offer letters were sent to parcels north of 19th Street in November of 2008. Negotiations have been continuing and several agreements have been reached with the adjacent property owners. Offers for the industrial zoned properties to the south of 19th Street were sent on March 4, 2009. In order to meet the project deadlines, the property acquisition team is recommending initiation of condemnation proceedings.
Action Requested
Adopt Ordinance No. 8389 authorizing the City’s use of eminent domain authority and condemning the required property interests for the Burroughs Creek Trail.