Department: Public Works & Legal
Staff Contact: Mary Jaeger / Beth Wright / Ron Shaver
Subject: Authorizing payment of eminent domain award and court appointed appraisers’ fees in the eminent domain case of The City of Olathe, Kansas vs. Theresa S. Troll., et al., Case No. 19CV006083.
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Item Description:
Consideration of Ordinance No. 20-04 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraisers’ fees in the eminent domain case of The City of Olathe, Kansas vs. Theresa S. Troll., et al., Case No. 19CV006083 for the Mahaffie Circle Improvements Project, PN 3-C-107-17.
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Summary:
Project No. 3-C-107-17 was created by Resolution No. 18-1117 on December 18, 2018. This project will extend Mahaffie Circle from its existing terminus north of 151st Street to the intersection of Old 56 Highway and Church Street. Improvements will include extending the bridge over the railroad on I-35, pavement, curb and gutter, storm sewer, street lights, and sidewalks.
The City Council approved Resolution No. 19-1061 on October 15, 2019, which authorized an engineer’s survey of the property to be taken. The City Council adopted Ordinance No. 19-68 on November 5, 2018, which approved the survey and authorized the filing of a petition for eminent domain.
On November 13, 2019, Orrick & Erskine, L.L.P. filed the petition for eminent domain in the Johnson County, Kansas District Court on behalf of the City. On December 17, 2019, the Johnson County District Court appointed Larry Witt, Robin Marx, and former District Court Judge Larry McClain as court appointed appraisers. The appraisers’ hearing was held on January 14, 2020.
On January 27, 2020, the court appointed appraisers awarded $67,375 in total taking damages and $5,700 as appraisers’ fees ($73,075 total).
Staff recommends accepting the awards and approving the ordinance (Attachment A).
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Financial Impact:
Total taking awards of $67,375, Court costs (appraisers’ fees) of $5,700, for a total of $73,075. There are adequate funds in the project account to pay this award.
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Action Needed:
Adopt Ordinance No. 20-04 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraisers’ fees in the eminent domain case of The City of Olathe, Kansas vs. Theresa S. Troll., et al., Case No. 19CV006083 for the Mahaffie Circle Improvements Project, PN 3-C-107-17.
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Attachment(s):
A: 3-C-107-17 Appraiser’s Award Ordinance