De Soto advances 99th Street water main as eminent-domain option remains open
City of Desoto, Kansas · Meeting date: October 15, 2026 · Published: October 16, 2026
De Soto City Council approved a revised resolution initiating the process for land acquisition along the south side of future 99th Street, then approved a CMAR agreement with Garney Construction for the associated water-line project. The city said the Beall development will cover project costs, although Garney's construction price has yet to return as GMP2.
Key points
- Resolution 2103 was approved unanimously after being revised to specify that the right-of-way sought is on the south side of 99th Street.
- The city said the 99th Street water line will run between Sunflower Road and Edgerton Road, south of the future roadway.
- Staff said all affected owners except one had agreed to easements in exchange for compensation; negotiations with the remaining owner are continuing.
- Council approved Garney Construction's CMAR agreement, subject to final city-attorney review; a later GMP2 submission will set construction and land-restoration costs.
- Council was told that the Beall development will pay all costs associated with the water-line project.
Full report
De Soto City Council has advanced land acquisition and delivery planning for the 99th Street water line, approving an initial eminent-domain resolution while continuing negotiations with the one owner who has not yet agreed to an easement.
Council approved Resolution 2103 after amending its language to state clearly that the right-of-way being pursued is for the south side of 99th Street. The proposed main would run along that side of the future road corridor between Sunflower Road and Edgerton Road.
The distinction was central to public concern at the meeting. Residents Nancy and Will Moneymaker said they believed their property could be affected. City representatives responded that the Moneymaker property, on the north side of the future 99th Street alignment, is not included in the immediate water-line acquisition area.
The city's project representative said negotiations to date have been limited to owners on the south side, where the main is to be built. The city said there are five owners on that side, including a gas company with a small parcel. All but one owner, Mr Kobler, had agreed to provide easements in return for compensation, according to the city attorney.
Officials stressed that the resolution does not itself identify or take a specific property interest. Should negotiations fail, the city would have to return to council with a separate ordinance naming the particular properties and interests sought for eminent domain. The city attorney said negotiations would continue in the meantime.
Councilmember Sabo said Mr Kobler was open to negotiating with the city, even if the project proceeded through the eminent-domain process. The city's property-acquisition consultant said the city would continue its engagement with him.
In a related decision, council approved a construction-manager-at-risk agreement with Garney Construction, subject to final review of minor legal provisions by the city attorney. The agreement follows council's July approval of work with HDR and Garney to develop the 99th Street water-line design and costs, and an earlier approval of Garney's first guaranteed maximum price package for material procurement.
Garney will now work toward GMP2, which will cover construction of the main and land restoration. Staff said the CMAR approach allows the engineer and contractor to work concurrently on constructability, pricing and procurement, and is being used because of the project's short construction timeframe.
A council member asked whether the city would bear the costs. Staff replied that the Beall development would cover all costs associated with the project.
This summary was generated by AI based on the source document and may contain errors.
Source: City Council, City of Desoto