ORDINANCE NO. 8856

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ORDERING THROUGH THE EXERCISE OF EMINENT DOMAIN THE CONDEMNATION AND APPROPRIATION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY FOR THE USE OF SAID CITY PURSUANT TO K.S.A. 2012 SUPP. 26-501b, AND ORDERING SAID INTERESTS TO BE CONDEMNED, ALL IN ACCORDANCE WITH K.S.A. 26-201, ET SEQ., AS AMENDED.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on March 26, 2013, adopt Resolution No. 7013, thereby finding, determining, and resolving it to be necessary and in the public interest to exercise its power of eminent domain to appropriate for public use and purpose the fee simple title to certain real property in Douglas County, Kansas, located at and commonly known as 1106 Rhode Island Street, Lawrence, Kansas, the legal description of which is set forth in Section 3, below, needed by the City for the purpose of rehabilitating said property so that it is no longer unsafe and dangerous as declared in Resolution 6972;

WHEREAS, the Governing Body has heretofore authorized and ordered a survey by a licensed land surveyor of the real property to be condemned 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. The above-stated recitals are incorporated herein by reference and shall be as effective as if set forth in full.

SECTION 2. The Governing Body hereby affirms all of its prior orders and declarations regarding the necessity for the appropriation, through the exercise of eminent domain, of certain real property and interests therein located at and commonly known as 1106 Rhode Island Street, Lawrence, Kansas, the legal description of which is set forth in Section 3, below, for the use of said City for the purpose rehabilitating said property so that it is no longer unsafe and dangerous as declared in Resolution 6972.

SECTION 3.  The real property and interests therein required to be taken for such public purpose are described as follows:

THE FEE SIMPLE INTEREST IN:

LOTS 118 AND 120 ON RHODE ISLAND STREET IN THE ORIGINAL TOWNSITE of THE CITY OF LAWRENCE, KANSAS, Douglas County, Kansas, together with all appurtenances thereon and improvements thereto.

for the purposes of rehabilitating said real property to a safe and habitable condition.

SECTION 4.  That fee simple title in the certain real property and interests therein described in Section 3, hereof, is hereby ordered condemned for the purposes and for the use described in Section 2, hereof.

SECTION 5.  Attorneys for the City of Lawrence, Kansas, for and in behalf of the Governing Body, are hereby authorized and directed to file, under the Eminent Domain Procedures Act, K.S.A. 2012 Supp. 26-501 et seq. a verified petition in the District Court of Douglas County, Kansas, Seventh Judicial District, for the condemnation and appropriation of the fee simple title in that certain real property and interests described in Section 3, hereof, together with Resolution No. 7013 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said real property and interests therein for the purpose of facilitating the rehabilitation of said property so that it is no longer unsafe and dangerous as declared in Resolution 6972.

SECTION 6.  This ordinance shall constitute the final order exercising eminent domain and setting forth the condemnation of the real property and interests therein described herein and the purpose for which the same shall be used.

SECTION 7.  This ordinance shall be in full force and effect from and after its passage and publication according to law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of August, 2013.

APPROVED:

_____________________________

Michael Dever

Mayor

ATTEST:

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Jonathan M. Douglass

City Clerk

APPROVED AS TO FORM AND LEGALITY:

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.