Focus Area: Legal; Infrastructure
Staff Contact: Ron Shaver; Nate Baldwin
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title:
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Consideration of Ordinance No. 26-26 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. Brogden Properties, LLC, et al (JO-2025-CV-000103).
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recommended motion:
Move to approve Ordinance No. 26-26 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. Brogden Properties, LLC, et al (JO-2025-CV-000103).
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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 estimate 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 November 4, 2025, the City Council adopted Ordinance No. 25-46, approving the survey of certain properties included in this action, and on January 6, 2026, adopted Ordinance No. 26-01, approving the survey of certain other properties included in this action; both ordinances authorized the filing of a petition for eminent domain in the Johnson County, Kansas District Court to acquire these easements.
On January 14, 2026, 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. The Court-appointed appraiser’s hearing on this action was held at City Hall on April 20, 2026. The Appraiser’s Report was filed with the Clerk of the District Court on May 6, 2026. Within 30 days from the time the appraisers' report is filed, the City is required to pay to the Clerk of the District Court the amount of the appraisers' award as to those particular tracts and court costs accrued to date, including appraisers' fees.
The Ordinance (Attachment A) authorizes payment to the Clerk of the District Court the following amounts:
Tract 11 (Brogden Properties, LLC) $417,000.00
Tract 54 (Carter Acquisition, LLC) $360,000.00
Tract 55 (Ramm Trust) $26,000.00
Tract 56 (Ramm Trust) $28,500.00
Court-appointed Appraiser’s Fees $17,727.50
Total $849,227.50
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Financial Information:
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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Attachment(s):
A. Appraiser’s Award Ordinance (Brogden case)