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Legislation #: 070015 Introduction Date: 1/4/2007
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 38th Street and N. Brighton Avenue, 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
1/3/2007 Filed by the Clerk's office
1/4/2007 Referred to Operations Committee
1/10/2007 Advance and Do Pass, Debate
1/11/2007 Passed

View Attachments
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070015.pdf Authenticated 116K recorded
070015.pdf Authenticated 286K Authenticated
Factsheet 3728(condemn).xls Fact Sheet 30K fact sheet

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ORDINANCE NO. 070015

 

Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of NE 38th Street and N. Brighton Avenue, 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 18002, 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 District 18002, in Kansas City, Clay County, Missouri, and as shown in the plans which are on file in the office of the Director of Water Services.

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 under the supervision of the Director of Water Services and 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 easements, and temporary construction easements are hereby condemned and described as follows:

TRACT NO. 2 Standard Sewer Easement

 

A tract of land situated in the Southwest Quarter of Section 5, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southeast corner of the Southwest Quarter of said Section 5; Thence North 003205 East 99.60 feet, along the East line of the Southwest Quarter of said Section 5, to the Southeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 1022 at Page 502, Thence North 892057 West 193.89 feet, along the South line of said certain tract of land conveyed by Warranty Deed recorded in Book 1022 at Page 502, to the true point of beginning; Thence North 892057 West 15.11 feet along said South line; Thence North 005025 East 7.54 feet; Thence South 890450 East 15.12 feet;

 

Thence South 005510 West 7.46 feet to the true point of beginning of the tract herein described, containing 113 square feet or 0.0026 acres, more or less. Except that part lying in existing utility easements.


TRACT NO. 2 Temporary Easement

 

A tract of land situated in the Southwest Quarter of Section 5, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southeast corner of the Southwest Quarter of said Section 5; Thence North 003205 East 99.60 feet, along the East line of the Southwest Quarter of said Section 5, to the Southeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 1022 at Page 502; Thence North 892057 West 176.39 feet, along the South line of said certain tract of land conveyed by Warranty Deed recorded in Book 1022 at Page 502, to the true point of beginning; Thence North 892057 West 17.50 feet along said South line; Thence North 005510 East 7.46 feet; Thence North 890450 West 15.12 feet; Thence South 005025 West 7.54 feet to a point on said South line; Thence North 892057 West 10.84 feet, along said South line, to the Southwest corner of said certain tract of land conveyed by Warranty Deed recorded in Book 1022 at Page 502; Thence North 003205 East 25.09 feet along the West line of said certain tract of land conveyed by Warranty Deed recorded in Book 1022 at Page 502; Thence South 890450 East 43.61 feet; Thence South 005510 West 24.88 feet to the true point of beginning of the tract herein described, containing 974 square feet or 0.0224 acres, more or less. Except that part lying in existing utility easements.

 

TRACT NO. 17 Standard Sewer Easement

 

A tract of land situated in the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 8, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southwest corner of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 8; Thence South 892325 East 294.77 feet, along the South line of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 8, to the true point of beginning; Thence North 010405 East 32.76 feet; Thence South 885555 East 32.49 feet to a point on the East line of a certain tract of land conveyed by Quit Claim Deed recorded in Book 1801 at Page 241; Thence South 010358 West 15.00 feet along said East line; Thence North 885555 West 17.49 feet; Thence South 010405 West 17.64 feet to a point on said South line; Thence North 892325 West 15.00 feet, along said South line, to the true point of beginning of the tract herein described, containing 753 square feet or 0.0173 acres, more or less. Except that part lying in existing utility easements.

 

TRACT NO. 17 Temporary Easement

 

A tract of land situated in the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 8, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southwest corner of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 8; Thence South 892325 East 262.27 feet, along the South line of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 8, to the true point of beginning; Thence North 010405 East 65.52 feet; Thence South 885555 East 64.99 feet to a point on the East line of a certain tract of land conveyed by Quit Claim Deed recorded in Book 1801 at Page 241; Thence South 010358 West 32.50 feet along said East line; Thence North 885555 West 32.49 feet; Thence South 010405 West 32.76 feet to a point on said South line; Thence North 892325 West 32.50 feet, along said South line, to the true point of beginning of the tract herein described, containing 3,181 square feet or 0.0730 acres, more or less. Except that part lying in existing utility easements.

 

AND

 

A tract of land situated in the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 8, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southwest corner of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 8; Thence South 892325 East 309.77 feet, along the South line of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 8, to the true point of beginning; Thence North 010405 East 17.64 feet; Thence South 885555 East 17.49 feet to a point on the East line of a certain tract of land conveyed by Quit Claim Deed recorded in Book 1801 at Page 241; Thence South 010358 West 2.50 feet along said East line; Thence North 885555 West 14.99 feet; Thence South 010405 West 15.12 feet to a point on said South line; Thence North 892325 West 2.50 feet, along said South line, to the true point of beginning of the tract herein described, containing 82 square feet or 0.0019 acres, more or less. Except that part lying in existing utility easements.

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 negotiate for and to purchase said easements. 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.

_________________________________________

Approved as to form and legality:

 

 

________________________________

Theodore T. Anderson

Assistant City Attorney