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Legislation #: 050616 Introduction Date: 5/26/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking a permanent sanitary sewer easement on private property for the construction and maintenance of a sanitary sewer in the area of East 53rd Street and Lee’s Summit Road, all in Jackson County, Missouri; providing for the payment of just compensation therefore; and authorizing negotiations by the Director of the Water Services Department.

Legislation History
DateMinutesDescription
5/24/2005 Filed by the Clerk's office
5/26/2005 Referred to Operations Committee
6/1/2005 Advance and Do Pass, Debate
6/2/2005 Passed

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fact sheet.xls Advertise Notice 80K fact sheet

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ORDINANCE NO. 050616

 

Condemning and taking a permanent sanitary sewer easement on private property for the construction and maintenance of a sanitary sewer in the area of East 53rd Street and Lees Summit Road, all in Jackson County, Missouri; providing for the payment of just compensation therefore; and authorizing negotiations by the Director of the Water Services Department.

 

WHEREAS, the Council finds and determines it necessary that a permanent sanitary sewer easement on private property must be condemned for the purpose of locating, constructing, and maintaining a sanitary sewer in the area herein described and generally located in Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That a permanent sanitary sewer easement is hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation, and repair of a sanitary sewer, in and upon the private lands hereinafter described, for a sanitary sewer in the area of East 53rd Street and Lees Summit Road, as shown in project number 81000319, which is on file in the office of the Director of Water Services.

 

The sanitary sewer easement shall be used by Kansas City as the permanent location of the sanitary sewer 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 easement for the purpose of constructing, reconstructing, maintaining, operating, and repairing said improvement or making connections thereto.

 

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 the sanitary sewer to be constructed in and upon such easement.

 

The permanent sanitary sewer easement hereby condemned is legally described as follows:

 

Permanent Sanitary Sewer Easement

 

A tract of land located in the Northwest Quarter of Section 31, Township 49 North, Range 31 West, Kansas City, Jackson County, Missouri, more particularly described as follows:

 

Commencing at the Southwest Corner of the above Quarter, then North 01 46 05 East along the West line of this Quarter, a distance of 978.07 feet, then

 

South 88 13 55 East a distance of 50.00 feet to the East Right of Way of Lees Summit Road and the Point of Beginning, then

 

South 88 13 55 East a distance of 130.00 feet to the Eastern Corporate Limit of Kansas City, Missouri and the Northwest Corner of Block 1 of Villas At Country Meadows South 1st Plat subdivision, then

 

South 01 46 05 West along said Corporate Limit and the West Line of said subdivision a distance of 119.12 feet, then

 

North 68 43 29 West a distance of 5.30 feet, then

 

North 01 46 05 East a distance of 107.31 feet, then

 

North 88 13 55 West a distance of 125.00 feet to the East Right of Way of Lees Summit Road, then

 

North 01 46 05 East a distance of 10.00 feet along said Right of Way to the Point of Beginning.

 

Containing 1,814.9 sq. ft. or 0.042 acres more or less.

 

Section 2. That just compensation for the Permanent Sanitary Sewer Easement in Jackson County, Missouri, herein shall be assessed and paid according to law. Payment for such compensation of damages shall be made by Kansas City in cash from funds appropriated or to be appropriated for said purposes; and the proceedings therefore shall be instituted in the first instance and prosecuted in the Circuit Court of Jackson County, Missouri, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Sections 86.01 to 86.10 of the Rules of Civil Procedure.

 

Section 3. That pending the acquisition of said easement by condemnation, the Water Services Department is hereby authorized to purchase the Permanent Sanitary Sewer Easement out of funds appropriated or to be appropriated as aforesaid, and if the easement be so acquired by purchase, the City Attorney is authorized to withdraw the condemnation proceeding.

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Cecilia OConnor Abbott

Assistant City Attorney