STATE OF KANSAS

CITY FEDERAL AID PROJECTS

RIGHT-OF-WAY CLEARANCE

CERTIFICATION BY THE CITY TO THE KANSAS DEPARTMENT OF TRANSPORTATION

OF REAL PROPERTY ACQUISITION PROCEDURES

AND UTILITY ARRANGEMENTS

March 29, 2006

PROJECT NUMBER	_______________________

CITY	City of Overland Park

WHEREAS:	Said improvement is located at ________________________________________, and

WHEREAS:	Said improvement consists of grading, surfacing, seeding, lighting, signing and pavement markings, hereinafter referred to as Project, and

WHEREAS:	The Secretary of Transportation of the State of Kansas, hereinafter referred to as the Secretary, has reviewed said plans, specifications and estimates and has entered into an agreement with the City of Overland Park, hereinafter referred to as the City, and

WHEREAS:	The above referenced agreement requires the City to certify compliance with Kansas Department of Transportation and Federal Highway Administration Right-of-Way Acquisition procedures.

NOW THEREFORE, THE CITY HEREBY CERTIFIES:

That all right-of-way (R/W) and easements for borrow pits, channel changes and/or other construction as indicated on the plans as necessary for the construction of the Project have been acquired, including legal and physical possession, evidenced by said documents being recorded in the Register of Deeds office. All acquisitions were completed by the City in compliance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. 4601 et seq.) and amendments thereto, BLP Memos 99-2 and 02-11 and Attachments 1 through 9, and the Federal Highway Administration’s booklet entitled, Real Estate Acquisition Guide for Local Public Agencies

That the total number of tracts acquired equals

A:	Number of tracts purchased

B:	Number of tracts condemned

C:	Number of tracts donated

If buildings, structures, or other improvements owned by a tenant or landowner were acquired or relocated, the Bureau of Right of Way of the Kansas Department of Transportation was contacted for guidance as to the proper procedures.

A:	Number of tracts with relocation

B:	Were buildings, structures, or other

improvements involved in this project?	YES	NO

If the new R/W or permanent easement acquired for the Project is adjacent to, along, or abutting KDOT highway R/W, copies of the deeds and plan sheets showing the applicable R/W tracts shall be submitted to KDOT Bureau of Local Projects.

Was new R/W or permanent easement

acquired adjacent to, along, or abutting

KDOT Highway R/W?	YES	NO

Records will be maintained on file for at least three (3) years after the acquiring agency has been notified that the Project has been accepted by the Kansas Department of Transportation.

Any companies owning or operating utilities or other facilities within the limits of the Project, have been contacted and the facilities have been relocated, or arrangements made and/or plan notes indicating the moving, removing, or adjusting of such facilities, as may be necessary, upon due notification of such companies by the City, (D.O.T. Form No. 1304, attached hereto, lists such companies with headquarters’ addresses and gives the status of relocations).

That City funds will be available for the matching of State and/or Federal funds to finance construction work on this Project.

BE IT RESOLVED:	The City makes the above certification and the Secretary can proceed in accordance with the provisions of the agreement for the above referenced Project.

Adopted this	day of	, 20	, at	Overland Park	, Kansas.

Approved:	CITY OF OVERLAND PARK

_______________________________________	_____________________________________

Bill Ebel, P.E., City Engineer	Carl Gerlach, Mayor

Attest:

__________________________	___________

Marian Cook, City Clerk	Seal

APPROVED AS TO FORM:

________________________________________

Tammy M. Owens

Senior Assistant City Attorney

7/2/2005	- 1 -	DOT FORM No. 1306

KDOT 1306

Melissa Caulfield

2007-01-10

Joe Archer

City of Overland Park