RESOLUTION NO. 7075

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THE  NECESSITY OF THE CITY OF LAWRENCE, KANSAS, A MUNICIPAL CORPORATION, TO APPROPRIATE THROUGH THE EXERCISE OF EMINENT DOMAIN CERTAIN INTERESTS IN REAL PROPERTY FOR THE USE OF SAID CITY FOR THE LOCATION, CONSTRUCTION, OPERATION, AND MAINTENANCE OF SANITARY SEWER  UTILITIES AND MAINS, TOGETHER WITH FACILITIES APPURTENANT THERETO, AND GRANTING AUTHORIZATION TO OBTAIN A SURVEY AND DESCRIPTION OF THE LAND OR INTERESTS TO BE CONDEMNED, ALL IN ACCORDANCE WITH K.S.A. 2013 SUPP. 26-201, K.S.A. 12-622, AND K.S.A. 12-623.

WHEREAS, the Governing Body of the City of Lawrence, Kansas finds that it is necessary and in the public interest to acquire, through the exercise of eminent domain, permanent easements in, upon, over, under, and across portions of real estate generally located on the southwest corner of the intersection of East 1400 Road (Louisiana Street) and North 1300 Road (31^st Street), Douglas County, Kansas;

WHEREAS, the City's acquisition of the interests in said real estate shall be for the purpose of locating, constructing, operating, and maintaining sanitary sewer utilities and mains, together with facilities appurtenant thereto, all in accordance with K.S.A. 2013 Supp. 26-201, K.S.A. 12-622, and K.S.A. 12-623; 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 in real property generally located at the southwest corner of the intersection of East 1400 Road (Louisiana Street) and North 1300 Road (31^st Street), Douglas County, Kansas; for the use of the City for the purpose of locating, constructing, operating, and maintaining sanitary sewer utilities and mains, together with facilities appurtenant thereto, all in accordance with K.S.A. 2013 Supp. 26-201, K.S.A. 12-622, and K.S.A. 12-623.

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.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ___ day of May, 2014.

APPROVED:

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Mike Amyx

Mayor

ATTEST:

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Diane Trybom

Acting City Clerk

APPROVED AS TO FORM:                   

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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.