Focus Area: Legal; Infrastructure
Staff Contact: Ron Shaver; Nate Baldwin
Subject: Ordinance authorizing payment of a court-appointed appraiser’s award and fees for the Santa Fe, Ridgeview to Mur Len Improvements Project [PN 3-C-025-18] in City of Olathe, Kansas v. Karen G. Brokenicky Revocable Trust, et al.
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Consideration of Ordinance No. 25-25 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraiser’s fees for constructing and maintaining the Santa Fe, Ridgeview to Mur Len Improvements Project [PN 3-C-025-18], in the matter of City of Olathe, Kansas v. Karen G. Brokenicky Revocable Trust, et al. (JO-2025-CV-000960).
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Summary:
Project No. 3-C-025-18 was authorized by Resolution No. 24-1014 on April 2, 2024. This project will include the work along Santa Fe, a new interchange at I-35 and auxiliary lanes from Santa Fe to 119th Street. The estimated total cost for this project $199,277,737. This includes preliminary and final design, utility relocation, survey, staff time, land acquisition, construction, construction engineering and construction inspection.
On November 19, 2024, the City Council adopted Resolution No. 24-1064, authorizing a survey of land necessary to be acquired for the project. On April 1, 2025, the City Council adopted Ordinance No. 25-09, approving the survey and authorizing the filing of a petition for eminent domain in the Johnson County, Kansas District Court.
On April 16, 2025, Orrick & Erskine, L.L.P. filed the petition for eminent domain in the Johnson County, Kansas District Court on behalf of the City of Olathe involving 5 total takings (Tract 14 - Avis, Tract 15 - Toni’s Italian, Tract 18 - Valvoline, Tract 21 - Midas, and Tract 23 - Burger King). On June 3, 2025, the Johnson County District Court approved the city’s petition conferring the City the power of eminent domain for the Project involving the tracts included with this matter. The Court appointed Tom Foster, Gerald Maier, and Reg Cordry as Court-appointed appraisers. The appraisers’ hearings were held on July 15, 2025.
Prior to the hearing, the City settled within City Council authorization on the acquisition of Tracts 15 (Toni’s Italian), 21 (Midas), and 23 (Burger King).
On July 17, 2025, the Court-appointed appraisers filed their report with the District Court for Tracts 14 (1804 E. Santa Fe Street - Avis) and 18 (1856 E. Santa Fe Street - Valvoline). The appraisers awarded $705,000 in fee simple for Tract 14, and $1,200,000 in fee simple for Tract 18, plus $11,550 in appraiser’s fees ($1,916,550 total).
Staff recommends accepting the award and fees and that the governing body approve the ordinance (Attachment A).
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Financial Impact:
Funding for the Project includes:
GO Bonds $40,000,000
KDOT (State) $65,211,939
KDOT (Federal) $94,065,799
Total $199,277,738
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Action Needed:
Approve Ordinance No. 25-25 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraiser’s fees for constructing and maintaining the Santa Fe, Ridgeview to Mur Len Improvements Project [PN 3-C-025-18], in the matter of City of Olathe, Kansas v. Karen G. Brokenicky Revocable Trust, et al. (JO-2025-CV-000960).
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Attachment(s):
A. Appraiser’s Award Ordinance