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Legislation #: 070078 Introduction Date: 1/18/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of NE 88th Street and N. Lathrop, in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
1/18/2007 Filed by the Clerk's office
1/18/2007 Referred to Operations Committee
1/24/2007 Advance and Do Pass, Debate
1/25/2007 Passed

View Attachments
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070078.pdf Authenticated 157K authenticated
Factsheet 3400.xls Fact Sheet 30K fact sheet (Proj. 3400)

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ORDINANCE NO. 070078

 

Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of NE 88th Street and N. Lathrop, in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

 

WHEREAS, the Council finds that permanent sewer easements must be condemned for the purpose of locating, constructing and maintaining district sanitary sewers to serve Sewer District 22092, in Kansas City, Clay County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Standard Sewer Easements: That standard sewer easements, and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of sanitary sewers, in and upon the private lands hereinafter described, for Sewer Districts, in Kansas City, Clay County, Missouri.

Section 2. Said improvements shall be of the nature described and specified in, and shall be done in accordance with the plans and specifications certified by the City Engineer under the supervision of the Director of Water Services and identified as drawing number 1393.14, the same being on file in the Office of the Director of Water Services and being incorporated herein by reference.

The standard sewer easements shall be used by Kansas City as the permanent location of the sanitary sewer improvement to be constructed therein including any necessary appurtenances to it; and Kansas City shall have the right to enter in or authorize the entry in and upon such easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

The temporary easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during the construction for grading and sloping, removal and replacement of storage sheds, fencing, trees and shrubbery, sidewalks and driveways, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force.

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 it, and said temporary easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works.

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

The standard sewer easement, and temporary construction easement are hereby condemned and described as follows:

TRACT NO. 13 Standard Sewer Easement

 A tract of land lying in Lot 5, OF THE SUBDIVISION OF LOT 34, RESURVEY OF LOT 1 AND A PART OF LOT 2, GASHLAND SUBURBS, a subdivision in the Southwest Quarter of Section 1, Township 51 North, Range 33 West, in the city of Kansas City, Clay County, Missouri, being more particularly described as follows:

 

Beginning at the North Corner of said Lot 5; thence S411816E along the West line of said Lot 5, 23.22 feet; thence S10416W, 145.22 feet to the Southeast line of said Lot 5; thence N411816E along the Southeast line of said Lot 5, 23.22 feet to the East line of said Lot 5; thence N10416E along the East line of said Lot 5, 145.22 feet to the Point of Beginning. Containing 2,178 Square Feet more or less.

 TRACT NO. 13 Temporary Easement

A tract of land lying in Lot 5, OF THE SUBDIVISION OF LOT 34, RESURVEY OF LOT 1 AND A PART OF LOT 2, GASHLAND SUBURBS, a subdivision in the Southwest Quarter of Section 1, Township 51 North, Range 33 West, in the city of Kansas City, Clay County, Missouri, being more particularly described as follows:

 

Commencing at the North Corner of said Lot 5; thence S411816W along the West line of said Lot 5, 23.22 feet to the Point of Beginning; thence continuing S411816W, 27.09 feet; thence S10416W, 145.22 feet to the Southeast line of said Lot 5; thence N411816E along the Southeast line of said Lot 5, 27.09 feet; thence N10416E, 145.22 feet to the Point of Beginning. Containing 2,541 Square Feet more or less.

Section 3. Compensation. That just compensation for the easements, and lands to be condemned and taken as aforesaid shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City from funds appropriated or to be appropriated for said purpose, and proceedings therefore shall be instituted and prosecuted in the Circuit Court of Missouri, Clay County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86 of the Missouri Rules of Civil Procedure.

Section 4. Pending acquisition of the above described 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 the condemnation proceedings.

Section 5. That upon the effective date of this ordinance, the City Clerk is hereby directed to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Clay County, Missouri.

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Approved as to form and legality:

 

 

 

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Theodore T. Anderson

Assistant City Attorney