ORDINANCE NO. 9000
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 ROUNDABOUT TRAFFIC CONTROL DEVICE, STREETS, CURB AND GUTTERING, SIDEWALKS, STORMWATER FACILITIES, AND LANDSCAPING IMPROVEMENTS, TOGETHER WITH ALL FACILITIES APPURTENANT THERETO, ALL IN ACCORDANCE WITH K.S.A. 26-201 ET SEQ., K.S.A. 26-501 ET SEQ., AND K.S.A. 12-686.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on May 27, 2014, adopt Resolution No. 7074, 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, located generally at the four corners of the intersection of Wakarusa Drive and Inverness Street/Legends Drive, Lawrence, Douglas County, Kansas, and needed by the City for the location, construction, operation and maintenance of a roundabout traffic control device, streets, curb and guttering, sidewalks, stormwater facilities, and landscaping improvements, together with all facilities appurtenant thereto; 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 roundabout traffic control device, streets, curb and guttering, sidewalks, stormwater facilities, and landscaping improvements, together with all facilities appurtenant thereto, located generally at the four corners of the intersection of Wakarusa Drive and Inverness Street/Legends Drive, Lawrence, Douglas County, Kansas.
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. 7074 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 location, construction, operation and maintenance of a roundabout traffic control device, streets, curb and guttering, sidewalks, stormwater facilities, and landscaping improvements, together with all facilities appurtenant thereto.
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
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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.
TRACT ONE
Property Owner of Record: Green Teal, LLC (4901 Legends Drive, Douglas County Plate No. U15767-03)
A PERMANENT AND PERPETUAL RIGHT OF WAY EASEMENT
LEGAL DESCRIPTION
In, upon, over, under and through the following described real estate:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, OF OREAD WEST NO. 13, A REPLAT OF LOT 7, BLOCK 3, OREAD WEST NO 3 AND LOTS 1 AND 2, BLOCK 3, OREAD WEST NO 10 IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE SOUTH 01°5107 EAST ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 45.00 FEET; THENCE NORTH 46°5107 WEST, A DISTANCE OF 63.64 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 88°0853 EAST ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1012.50 SQUARE FEET, MORE OR LESS ALL IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; SUBJECT TO RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS OF RECORD.
TRACT TWO
Property Owner of Record: Legends Drive, LLC (4900 Legends Drive, Douglas County Plate No. U15767DAA)
A PERMANENT AND PERPETUAL RIGHT OF WAY EASEMENT
LEGAL DESCRIPTION
In, upon, over, under and through the following described real estate:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1B, BLOCK 1, OF A LOT SPLIT FOR LOT 1, BLOCK 1, OREAD WEST NO. 10 IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE SOUTH 88°0853 WEST ON THE SOUTH LINE OF SAID LOT1B, A DISTANCE OF 40.00 FEET; THENCE NORTH 43°0853 EAST, A DISTANCE OF 56.57 FEET TO THE EAST LINE OF SAID LOT 1B; THENCE SOUTH 01°5107 EAST, ON THE EAST LINE OF SAID LOT 1B, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 800.00 SQUARE FEET, MORE OR LESS ALL IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; SUBJECT TO RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS OF RECORD.
TRACT THREE
Property Owners of Record: Nancy L. Ulrich, Carl A. Gallagher (1129 Williamsburg Ct., Douglas County Plate No. U15785RI)
A PERMANENT AND PERPETUAL RIGHT OF WAY EASEMENT
LEGAL DESCRIPTION
In, upon, over, under and through the following described real estate:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 17, BLOCK 7, OF QUAIL RUN NO 2 (AMENDED), IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE NORTH 01°5107 WEST ON THE WEST LINE OF SAID LOT 17, A DISTANCE OF 44.00 FEET; THENCE SOUTH 40°2109 EAST, A DISTANCE OF 56.22 FEET TO THE SOUTH LINE OF SAID LOT 17; THENCE SOUTH 88°0853 WEST, ON THE SOUTH LINE OF SAID LOT 17, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING, CONTAINING 770.00 SQUARE FEET, MORE OR LESS ALL IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; SUBJECT TO RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS OF RECORD.