First Published: _____________

First Published: ______________

ORDINANCE NO. 8085

AN ORDINANCE CONDEMNING AND APPROPRIATING INTERESTS IN CERTAIN REAL ESTATE IN DOUGLAS COUNTY, KANSAS, FOR THE PURPOSE AND USE OF SAID CITY FOR THE LOCATION, CONSTRUCTION, OPERATION AND MANTENANCE OF A public sanitary sewer pump station together with collection and main system sewer lines and all appurtenant equipment and facilities THERETO AND DIRECTING THE Director of Legal Services TO INSTITUTE EMINENT DOMAIN PROCEEDINGS AS PROVIDED BY LAW TO ACQUIRE SUCH INTERESTS.

BE IT ORDAINED BY THE CITY COMMISSION OF LAWRENCE, KANSAS:

1. The Commission has previously approved Resolution No. 6677 finding the necessity of exercising its power of eminent domain to acquire interests in real property necessary for the location, construction, operation and maintenance of a public sanitary sewer pump station together with collection and main system sewer lines and all appurtenant equipment and facilities, to be know collectively as Baldwin Creek Pump Station #48, within Douglas County, Kansas, and authorizing and directing the City Manager to cause a survey and description of such parcels to be undertaken by a licensed land surveyor or a professional engineer who is competent to conduct a land survey, to thereafter cause such survey to be filed with the City Clerk, and to prepare this ordinance for submission to the City Commission authorizing the exercise of eminent domain; and

2. Such survey and description has been prepared and filed with the City Clerk; and

3. The interests in real estate to be taken for the purposes set forth in paragraph 1 herein are described as follows, to-wit: See Exhibit A, which is attached hereto and incorporated herein by reference.

4. It is hereby found that the costs of such project will be paid by the City of Lawrence, Kansas.

5. The Director of Legal Services is hereby authorized and directed to forthwith file a verified petition in the District Court of Douglas County, Kansas, for the acquisition of the above-described interests in real property by eminent domain pursuant to the Eminent Domain Procedure Act, K.S.A. § 26-501, et seq., and to do and perform all things which might be necessary and required by law to acquire such interests in real property as described herein.

6. This ordinance shall constitute the final order setting forth the condemnation of interests in the real estate described herein and the purpose for which the same shall be used.

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

ADOPTED by the Governing Body of the City of Lawrence, Kansas, on the _____ day of _______________, 2007.

APPROVED

_______________________________

Honorable Mike Amyx

Mayor

ATTEST:

____________________________________

Frank S. Reeb

City Clerk

Approved as to form and legality:

__________________________________

Toni Wheeler

Director of Legal Services

Exhibit A

Real Property Interests to be Acquired:

Tract # 1E

Fee Simple Owners: Stonewall Farms, L.L.C.

Interest to be acquired:

A tract of land for temporary construction easement purposes described as follows: The West 20 feet of the East 40 feet of the Northeast Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas lying north of the Kansas Turnpike Authority right-of-way, except the North 60 feet thereof.

The above described contains 16,882 square feet, more or less.

and

A tract of land for Permanent Electric easement purposes described as follows:

The East 20 feet of the Northeast Quarter of Section 21, Township 12 South, Range 19 East of the Sixth Principal Meridian, Douglas County, Kansas lying north of the Kansas Turnpike Authority right-of-way, except the North 60 feet thereof.

The above described contains 16,889 square feet, more or less.

Tract # 2E

Fee Simple Owners: Timothy N. Morstorf and Julie D. Morstorf, husband and wife.

Interest to be acquired:

A tract of land for temporary construction easement purposes described as follows:

A strip of land 20 feet wide in the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 22, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas, said strip lying 10 feet on both sides of the following described centerline:

Commencing at the southwest corner of said North Half; thence along the west line of said North Half on an assumed bearing of N01°33’37”W, 107.47 feet to the point of beginning of said centerline; thence N88°17’37”E, 662.40 feet to a point on the east line of said North Half being 107.82 feet north of the southeast corner of said North Half and being the point of termination of said centerline; the sidelines of strip being extended or shortened to terminate at the west and east lines of said North Half.

The above described contains 13,248 square feet, more or less.

and

A tract of land for Permanent Electric easement purposes described as follows:

Commencing at the southwest corner of said North Half; thence along the west line of said North Half on an assumed bearing of N01°33’37”W, 127.47 feet to the point of beginning of said centerline; thence N88°17¢37”E, 662.37 feet to a point on the east line of said North Half being 127.82 feet north of the southeast corner of said North Half and being the point of termination of said centerline; the sidelines of strip being extended or shortened to terminate at the west and east lines of said North Half.

The above described strip contains 13,247 square feet, more or less.

Tract # 3E

Fee Simple Owners: North Forty, L.C.

Interest to be acquired:

A tract of land for temporary construction easement purposes described as follows: That part of the Northwest Quarter of Section 22, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas, described as follows:

Commencing at the southeast corner of said Northwest Quarter; thence along the south line of said Northwest Quarter on an assumed bearing of S88°19¢28”W, 907.00 feet to the southwest corner of a tract of land described and recorded in Book 655, Page 1404 in the Office of the Register of Deeds in said County; thence along the west line of said tract N01°50¢31”W, 301.40 feet; thence parallel with the westerly line of said tract N59°46¢45”W, 279.91 feet to the Point of Beginning; thence S88°17¢37”W, 842.89 feet to a point on the east line of the North Half of the Southwest Quarter of the Southwest Quarter of said Northwest Quarter being 117.82 feet north of the southeast corner of said North Half; thence along the east line of said North Half S01°37¢50”E, 20.00 feet; thence N88°17¢37”E, 875.02 feet; thence N59°46¢45”W, 37.82 feet to the point of beginning.

The above described together contains 17,179 square feet, more or less.

and

A tract of land for Permanent Electric easement purposes described as follows:

A strip of land 20 feet wide in the Northwest Quarter of Section 22, Township 12 South, Range 19 East of the Sixth Principal Meridian in Douglas County, Kansas, said strip lying 10 feet on both sides of the following described centerline:

Commencing at the southeast corner of said Northwest Quarter; thence along the south line of said Northwest Quarter on an assumed bearing of S88°19¢28”W, 907.00 feet to the southwest corner of a tract of land described and recorded in Book 655, Page 1404 in the Office of the Register of Deeds in said County; thence along the west line of said tract N01°50¢31”W, 313.20 feet to the point of beginning of said centerline; thence parallel with and 10 feet westerly of the westerly line of said described tract N59°46¢45”W, 276.51 feet; thence S88°17¢37”W, 845.74 feet to a point on the east line of the North Half of the Southwest Quarter of the Southwest Quarter of said Northwest Quarter being 127.82 feet north of the southeast corner of said North Half and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at the east line of said North Half and at the westerly line of said described tract.

The above described strip contains 22,445 square feet, more or less.

Tract # 4E

Fee Simple Owners: North Stephens, L.C.

Interest to be acquired:

A tract of land for temporary construction easement purposes described as follows:

Commencing at the southeast corner of said Northwest Quarter; thence along the south line of said Northwest Quarter on an assumed bearing of S88°19¢28”W, 877.00 feet to the point of beginning of said centerline; thence parallel with and 30 feet east of the west line of a tract of land described and recorded in Book 655, Page 1404 in the Office of the Register of Deeds in said County N01°50¢31”W, 318.10 feet; thence parallel with and 10 feet easterly of the westerly line of said described tract N59°46¢45”W, 267.28 feet; thence S88°17¢37”W, 18.91 feet to a point on the westerly line of said described tract and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at said westerly line and at the south line of said Northwest Quarter.

The above described strip contains 12,086 square feet, more or less.

and

A tract of land for Permanent Electric easement purposes described as follows:

Commencing at the southeast corner of said Northwest Quarter; thence along the south line of said Northwest Quarter on an assumed bearing of S88°19¢28”W, 897.00 feet to the point of beginning of said centerline; thence parallel with and 10 feet east of the west line of a tract of land described and recorded in Book 655, Page 1404 in the Office of the Register of Deeds in said County N01°50¢31”W, 306.97 feet; thence N59°46¢45”W, 11.80 feet to a point on the west line of said described tract being 313.20 feet north of the southwest corner of said described tract and being the point of termination of said centerline; the sidelines of said strip being extended or shortened to terminate at said west line and at the south line of said Northwest Quarter.

The above described strip contains 6,375 square feet, more or less.