ca-condemnation-ord8993.doc

ORDINANCE NO. 8993

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ORDERING THROUGH THE EXERCISE OF EMINENT DOMAIN THE CONDEMNATION AND APPROPRIATION OF CERTAIN INTERESTS IN CERTAIN REAL ESTATE IN DOUGLAS COUNTY, KANSAS, FOR THE LOCATION, CONSTRUCTION, OPERATION, AND MAINTENANCE OF A SANITARY SEWER PROJECT, INVOLVING STREETS, CURB AND GUTTERING, SIDEWALKS, STORMWATER AND FIBER OPTIC FACILITIES, WATERLINE AND GENERAL UTILITIES, LANDSCAPING AND DRIVEWAY IMPROVEMENTS, TOGETHER WITH FACILITIES APPURTENANT THERETO, ALL IN ACCORDANCE WITH K.S.A. 26-201 ET SEQ., K.S.A. 26-501 ET SEQ, K.S.A. 12-622, AND K.S.A. 12-623.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on May 20, 2014, adopt Resolution No. 7073, 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 certain interests in certain real estate in Douglas County, Kansas, needed by the City for the location, construction, operation and maintenance of a sanitary sewer system improvement project, involving streets, curb and guttering, sidewalks, stormwater and fiber optic facilities, waterline and general utilities, and landscaping and driveway improvements, together with facilities appurtenant thereto, said project being commonly known as the Wakarusa Wastewater Treatment Plant, generally located near the intersection of East 1600 Road (O’Connell Road) and North 1175 Road (East 41st Street); and

WHEREAS, the Governing Body has heretofore authorized and ordered a survey by a competent engineer of the interests in the lands 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 estate interests for the use of said City for the purpose of the location, construction, operation and maintenance of a sanitary sewer system improvement project, involving streets, curb and guttering, sidewalks, stormwater and fiber optic facilities, waterline and general utilities, and landscaping and driveway improvements, together with facilities appurtenant thereto, said project being commonly known as the Wakarusa Wastewater Treatment Plant, generally located near the intersection of East 1600 Road (O’Connell Road) and North 1175 Road (East 41st Street).

SECTION 3. The certain interests in certain real estate to be taken by eminent domain for such public purposes are described in detail in Exhibit A, which is affixed hereto and incorporated herein by reference as if set forth in full.

SECTION 4. The certain interests in the certain real estate described in Section 3, supra, are hereby ordered condemned for the purposes and for the use described in Section 2, supra.

SECTION 5. Attorneys for the City of Lawrence, Kansas, for and in behalf of the Governing body, are hereby authorized and directed pursuant to authority granted by K.S.A. 26-201 to file, under the Eminent Domain Procedures Act, K.S.A. 2013 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 certain interests in certain real estate described in Section 3, supra, together with Resolution No. 7073 of the City of Lawrence, Kansas, and to do all things necessary for the condemnation and acquisition of said interests in real estate for the Wakarusa Wastewater Treatment Plant project.

SECTION 6. This ordinance shall constitute the final order exercising eminent domain and setting forth the condemnation of the interests in the real estate 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 June, 2014.

APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

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

Exhibit A

Legal Descriptions

Wakarusa Wastewater Treatment Plant project

Interests to be acquired:

Tract No. 1

Virginia L. Romero

1110 E 1600 Rd.

Lawrence, KS 66046

A PERMANENT AND PERPETUAL RIGHT OF WAY EASEMENT

IN, UPON, OVER, UNDER AND THROUGH THE FOLLOWING DESCRIBED REAL ESTATE:

A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 14, 2013 IN THE OFFICE OF THE DOUGLAS COUNTY REGISTER OF DEEDS IN BOOK 1098, PAGE 3531, SITUATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 13 SOUTH, RANGE 20 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS;

BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, COINCIDENT WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 777.00 FEET TO THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1098, PAGE 3531; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE EXISTING EAST RIGHT OF WAY LINE OF E. 1600 ROAD; THENCE CONTINUING NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 15.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 709.00 FEET; THENCE SOUTH 58 DEGREES 48 MINUTES 27 SECONDS EAST, A DISTANCE OF 65.24 FEET TO THE EXISTING NORTH RIGHT OF WAY LINE OF N. 1100 ROAD; THENCE SOUTH 01 DEGREE 15 MINUTES 02 SECONDS EAST, PERPENDICULAR TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 33.00 FEET TO SAID SOUTH; THENCE SOUTH 88 DEGREES 44 MINUTES 58 SECONDS WEST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 94.94 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED TRACT CONTAINS 33,857 SQUARE FEET, WHICH INCLUDES 21,734 SQUARE FEET OF EXISTING RIGHT OF WAY, RESULTING IN AN ACQUISITION OF 12,123 SQUARE FEET, MORE OR LESS.

A PERMANENT AND PERPETUAL WATERLINE AND DRAINAGE EASEMENT

IN, UPON, OVER, UNDER AND THROUGH THE FOLLOWING DESCRIBED REAL ESTATE:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 40.00 FEET; THENCE NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 68.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 709.00 FEET TO THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1098, PAGE 3531; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 721.73 FEET; THENCE NORTH 58 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF 23.72 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 14,307 SQUARE FEET, MORE OR LESS.

A PERMANENT AND PERPETUAL UTILITY EASEMENT

IN, UPON, OVER, UNDER AND THROUGH THE FOLLOWING DESCRIBED REAL ESTATE:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 60.00 FEET; THENCE NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 55.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 721.73 FEET TO THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1098, PAGE 3531; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 70.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 728.09 FEET; THENCE NORTH 58 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF 11.86 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 7,249 SQUARE FEET, MORE OR LESS.

TEMPORARY CONSTRUCTION EASEMENT

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 2,585 SQUARE FEET, MORE OR LESS.

AND

COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, COINCIDENT WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 641.50 FEET; THENCE NORTH 88 DEGREES 39 MINUTES 09 SECONDS EAST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 55.00 FEET; THENCE NORTH 88 DEGREES 39 MINUTES 09 SECONDS EAST, A DISTANCE OF 47.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 87.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 55.00 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 09 SECONDS WEST, A DISTANCE OF 47.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 2,585 SQUARE FEET, MORE OR LESS.

Said temporary easement to expire 90 days after the completion of construction or May 1, 2015, whichever shall first occur.

Tract No. 2

Clay A. Phillips

April D. Phillips

1118 E 1600 Rd.

Lawrence, KS 66046

A PERMANENT AND PERPETUAL RIGHT OF WAY EASEMENT

IN, UPON, OVER, UNDER AND THROUGH THE FOLLOWING DESCRIBED REAL ESTATE:

A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 10, 2007 IN THE OFFICE OF THE DOUGLAS COUNTY REGISTER OF DEEDS IN BOOK 1028, PAGE 395, SITUATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 13 SOUTH, RANGE 20 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS;

COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, COINCIDENT WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 777.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, COINCIDENT WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 208.00 FEET TO THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE EXISTING EAST RIGHT OF WAY LINE OF E. 1600 ROAD; THENCE CONTINUING NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 15.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 208.00 FEET TO THE SOUTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE SOUTH 88 DEGREES 44 MINUTES 58 SECONDS WEST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 15.00 FEET TO SAID EXISTING EAST RIGHT OF WAY LINE; THENCE CONTINUING SOUTH 88 DEGREES 44 MINUTES 58 SECONDS WEST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED TRACT CONTAINS 8,320 SQUARE FEET, WHICH INCLUDES 5,200 SQUARE FEET OF EXISTING RIGHT OF WAY, RESULTING IN AN ACQUISITION OF 3,120 SQUARE FEET, MORE OR LESS.

A PERMANENT AND PERPETUAL WATERLINE AND DRAINAGE EASEMENT

IN, UPON, OVER, UNDER AND THROUGH THE FOLLOWING DESCRIBED REAL ESTATE:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, COINCIDENT WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 777.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 208.00 FEET TO THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 208.00 FEET TO THE SOUTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE SOUTH 88 DEGREES 44 MINUTES 58 SECONDS WEST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 4,160 SQUARE FEET, MORE OR LESS.

A PERMANENT AND PERPETUAL UTILITY EASEMENT

IN, UPON, OVER, UNDER AND THROUGH THE FOLLOWING DESCRIBED REAL ESTATE:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, COINCIDENT WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 777.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 208.00 FEET TO THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 70.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 208.00 FEET TO THE SOUTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE SOUTH 88 DEGREES 44 MINUTES 58 SECONDS WEST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 2,080 SQUARE FEET, MORE OR LESS.

TEMPORARY CONSTRUCTION EASEMENT

COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, COINCIDENT WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 777.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE NORTH 88 DEGREES 44 MINUTES 58 SECONDS EAST, COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREE 20 MINUTES 51 SECONDS WEST, BEING 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, DISTANCE OF 37.07 FEET; THENCE NORTH 88 DEGREES 39 MINUTES 09 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 01 DEGREE 20 MINUTES 51 SECONDS EAST, BEING 90.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 37.15 FEET TO THE SOUTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1028, PAGE 395; THENCE SOUTH 88 DEGREES 44 MINUTES 58 SECONDS WEST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 1,856 SQUARE FEET, MORE OR LESS.

Said temporary easement to expire 90 days after the completion of construction or May 1, 2015, whichever shall first occur.