Memorandum

City of Lawrence

City Attorney’s Office

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, City Attorney
CC:	Charles Soules, Director, Public Works
Date:	September 27, 2012
RE:	3051 O’Connell Road

Please place this item on the October 2, 2012 City Commission Agenda for consideration.

In 2003, the City entered into an agreement with Doug Garber Construction, Inc., in which Garber dedicated the south 75 feet of Ranch Road Subdivision for public right-of-way for the future extension of 31^st Street (extended).  The agreement provided that if 31^st Street was not constructed within seven (7) years of the filing of the subdivision final plat (May 23, 2003), the City would have no claim to the real estate dedicated as right of way.

At the time of dedication, the area dedicated as right-of-way contained a home and was assigned Douglas County Plate Number UZ18523D and an address of 3051 O’Connell Road.  Douglas County and the property owners have requested that the City provide documentation that it no longer has an ownership interest in this parcel.  Staff has prepared the attached Quit Claim Deed that returns the property to the owners pursuant to the 2003 agreement.

Action Requested:

Authorize the Mayor to execute a Quit Claim deed to Doug Garber Construction, Inc.