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Legislation #: 051464 Introduction Date: 12/1/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent and temporary storm drainage easements on private property for the construction of a storm water improvement for the property of Coventry 2nd Addition and Strathbury Woods, located near N. Strathbury Avenue, in Kansas City, Platte County, Missouri, and providing for the just compensation therefor, and authorizing negotiations by the Director of the City Development Department, all in Kansas City, Platte County, Missouri.

Legislation History
DateMinutesDescription
11/30/2005 Filed by the Clerk's office
12/1/2005 Referred to Operations Committee
12/14/2005 Advance and Do Pass, Debate
12/15/2005 Passed

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051464.pdf Authenticated 204K Authenticated
Coventry3rdfactsheetplate.doc Advertise Notice 56K Fact sheet
drawing.pdf Other 286K Drawing

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ORDINANCE NO. 051464

 

Condemning and taking permanent and temporary storm drainage easements on private property for the construction of a storm water improvement for the property of Coventry 2nd Addition and Strathbury Woods, located near N. Strathbury Avenue, in Kansas City, Platte County, Missouri, and providing for the just compensation therefor, and authorizing negotiations by the Director of the City Development Department, all in Kansas City, Platte County, Missouri.

 

WHEREAS, the City of Kansas City, Missouri, as a part of its overall concern for proper storm water drainage required developer Coventry Estates, L.L.C. to plan and construct and maintain a certain storm water drainage improvements in said developers proposed development known as Coventry 3rd Addition, in Kansas City, Platte County, Missouri; and,

 

WHEREAS, developer Coventry Estates, L.L.C. granted the City the right to complete, maintain, service, and repair said storm water drainage improvements in said subdivision and in and on other adjoining properties in which said developer obtained easements; and,

 

WHEREAS, developer Coventry Estates, L.L.C. has not been able to acquire all necessary easements to complete the construction of said storm water drainage improvements project; and,

 

WHEREAS, the Council finds that permanent and temporary storm drainage easements must be condemned for the purpose of constructing storm drainage facilities generally located near N. Strathbury Avenue in Kansas City, Platte County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY;

 

Section 1. That permanent and temporary storm drainage easements are hereby condemned and taken for public use for the construction of a storm drainage facility including the relocation of an existing stream and construction of retaining walls and any necessary appurtenances to same generally located near N. Strathbury Avenue in the vicinity of Coventry 2nd Addition and Strathbury Woods, in and upon the private lands hereinafter described, for the relief of storm water problems in Kansas City, Platte County, Missouri, and as shown in File No. 2005-285, which is on file in the office of the Director of City Planning & Development Dept.

 

The permanent storm water drainage easement shall be used by Kansas City as the permanent location of the storm drainage improvements to be constructed therein; and Kansas City shall have right to enter in or authorize the entry in and upon such easement for the purpose of grading, constructing, reconstructing, maintaining, operating and repairing said storm drainage facilities or making connections thereto.

 

 

The temporary storm drainage easement shall be used by Kansas City as a temporary easement for grading and sloping, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force to construct the planned facility. Kansas City shall cause the surface of lands lying within said temporary easements to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon them, and said temporary easement shall terminate upon completion and acceptance of the improvements by the Director of City Planning & Development Dept..

 

There shall be reserved to the owners of the land in which such permanent easement is taken and condemned, the right to use the land in any way which will not interfere with the proper, safe and continuous use of storm drainage facilities to be constructed in and upon such easement.

 

The easements hereby condemned are described as follows:

 

Temporary Construction Easement No. 4, Lot 18, Strathbury Woods

 

A tract of land over part of Lot 18, Strathbury Woods, a subdivision of land in the Northeast Quarter of Section 29, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri, described as follows: Commencing at the most Northerly corner of said Lot 18; thence South 57o1425 East to a point on the North line of said Lot 18, 22.88 to the point of bearing; beginning at the most Northerly corner of said Lot 18; thence South 57o1425 East along the North line of said Lot 18, 29.98 feet; thence South 79o3219 West, 41.14 feet; thence North 32o4535 East, 28.17 feet to the Point of Beginning. Containing 422.24 square feet, more or less.

 

Temporary Construction Easement No. 6, Lot 18, Strathbury Woods

 

A tract of land over part of Lot 18, Strathbury Woods, a subdivision of land in the Northeast Quarter of Section 29, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri, described as follows: Commencing at the most Northerly corner of said Lot 18; thence South 57o1425 East to a point on the North line of said Lot 18, 81.61 feet to the Point of Beginning; thence South 32o4535 West, 30.00 feet; thence North 57o1425 West, 33.82 feet; thence North 79o3219 East, 43.81 feet to the point of beginning. Containing 535.87 square feet, more or less.

 


Temporary Construction Easement No. 7, Lot 16, Strathbury Woods

 

A tract of land over part of Lot 16, Coventry 2ND Addition, a subdivision of land in the Northeast Quarter of Section 29, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri, described as follows: Beginning at the Southwest corner of said Lot 16; thence North 01o3542 West along the West line of said Lot 16, 50.00 feet; thence South 88o2658 East, 10.00 feet; thence South 01o3302 East to a point along the South line of said Lot 16, 52.30; thence North 78o1425 West, 10.24 feet to the point of beginning. Containing 510.70 square feet, more or less.

 

Temporary Construction Easement No. 8, Lot 20, Strathbury Woods

 

A tract of land over part of Lot 20, Strathbury Woods, a subdivision of land in the Northeast Quarter of Section 29, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri, described as follows: Beginning at the most Northwesterly corner of said Lot 20; thence South 17o2210 West, 12.98 feet; thence North 14o5318 West to a point along the West line of said Lot 20, 5.61 feet; thence North 37o2053 East along the West line of said Lot 20, 8.76 feet to the Point of Beginning. Containing 19.42 square feet, more or less.

 

Permanent Construction Easement No. 9, Lot 20, Strathbury Woods

 

A tract of land over part of Lot 20, Strathbury Woods, a subdivision of land in the Northeast Quarter of Section 29, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri, described as follows: Beginning at the most Westerly corner of said Lot 20; thence North 37o2053 East along the West line of said Lot 20, 20.03 feet to a point along the West line of said Lot 20; thence South 14o5318 East to a point along the South line of said Lot 20, 31.92 feet; thence North 58o1454 West along the South line of said Lot 20, 25.51 feet to the point of beginning. Containing 282.17 square feet, more or less.

 

Section 2. That just compensation for the easements and lands taken or damaged herein shall be assessed and paid according to law. Payments of compensation for damages shall be made by Kansas City in cash from funds appropriated or to be appropriated for said purpose and the proceedings for taking or damaging the aforesaid property shall be instituted in one or more actions and shall be prosecuted in the Circuit Court of Platte County, Missouri, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri as supplemented or amended by Section 86 of the Missouri Rules of Civil Procedure.

 


Section 3. Pending acquisition of such easements by condemnation the Director of City Development is hereby authorized to purchase said easements and to pay for them out of funds available or to be made available. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from condemnation proceedings.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

John H. Altergott, Jr.

Assistant City Attorney