RESOLUTION NO. 7050
A RESOLUTION DECLARING THE NECESSITY OF THE CITY OF LAWRENCE, KANSAS, A MUNICIPAL CORPORATION, TO APPROPRIATE INTERESTS IN REAL ESTATE FOR THE USE OF SAID CITY IN THE CONSTRUCTION AND MAINTENANCE OF STREET, CURB AND GUTTERING, SIDEWALK, STORMWATER FACILITIES, LANDSCAPING AND DRIVEWAY IMPROVEMENTS, AND ATTENDANT FACILITIES, IN, UPON UNDER, OVER AND ACROSS PORTIONS OF REAL ESTATE LOCATED ON, AND EXTENDING FROM, THE FOUR CORNERS OF THE INTERSECTION OF 23RD STREET AND IOWA STREETS, LAWRENCE, KANSAS, TOGETHER WITH AUTHORIZATION FOR OBTAINING A SURVEY AND DESCRIPTION OF THE LAND OR INTERESTS TO BE CONDEMNED TO BE MADE BY A LICENSED LAND SURVEYOR OR PROFESSIONAL ENGINEER WHO IS COMPENTENT TO CONDUCT A LAND SURVEY, ALL IN ACCORDANCE WITH K.S.A. 2012 SUPP. 26-201 AND PURSUANT TO K.S.A. 12-685 ET SEQ.
WHEREAS, the Governing Body of the City of Lawrence, Kansas deems that it is necessary and in the public interest to acquire by condemnation temporary and permanent easements in upon, over, under and across portions of real estate located on and extending from the intersection of 23rd Street and Iowa Streets, Lawrence, Kansas;
WHEREAS, the acquisition of the interests in said real estate shall be for the purpose of constructing and maintaining streets, curb and guttering, sidewalks, stormwater facilities, landscaping and driveway improvements, together with attendant facilities, pursuant to K.S.A. 12-685 et seq., and:
WHEREAS, the Governing Body also authorizes the making of a survey and description of the land or interests to be condemned, by a licensed land surveyor or professional engineer, who shall be competent to conduct a land survey, and directs that said survey and description of the land or interests to be condemned be filed with the City Clerk of the City of Lawrence, Kansas.
NOW, THEREFORE, BE IT RESOLVED 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. It is necessary and in the public interest to appropriate, through the exercise of eminent domain, certain private property interests for the use of the City for the purpose of constructing street, sidewalk, stormwater, landscaping and driveway improvements, including all facilities appurtenant thereto, including curbs and guttering, generally located at the intersection of 23rd Street and Iowa Street.
SECTION 3. A licensed land surveyor or a professional engineer, who is competent to conduct a land survey, shall be employed to provide a survey and description of the land or interests to be condemned. When completed, said survey and description of the land or interests to be condemned shall be filed with the City Clerk of the City of Lawrence, Kansas.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of November, 2013.
APPROVED:
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Mike Amyx, Vice-Mayor
ATTEST:
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Diane Trybom, Acting City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni R. Wheeler
City Attorney
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.