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Legislation #: 041001 Introduction Date: 9/2/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER NASH
Title: Approving a Utility and Gas Line Easement Agreement between the City and AGS Real Estate Holdings, L.L.C., for the purpose of providing service across the Blue River in the Sheffield Industrial Area and authorizing the Director of Public Works to execute said Agreement.

Legislation History
DateMinutesDescription
9/2/2004

Introduce an Ordinance

9/2/2004

Re-Referred Operations Committee

9/8/2004

Advance and Do Pass

9/9/2004

Passed


View Attachments
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041001.pdf Authenticated 111K Passed Copy

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ORDINANCE NO. 041001

 

Approving a Utility and Gas Line Easement Agreement between the City and AGS Real Estate Holdings, L.L.C., for the purpose of providing service across the Blue River in the Sheffield Industrial Area and authorizing the Director of Public Works to execute said Agreement.

 

WHEREAS, the City and the Midwestern Steel Division of Armco Inc. ("Armco") entered in a certain Contract for Blue River Flood Control Project dated November 22, 1982 (the "Flood Control Agreement") by which Armco agreed to transfer to the City certain easements, real property and other property interests in order for the City to perform certain flood control project described in the Flood Control Agreement; and

WHEREAS, Armco executed a Quit-Claim Deed in favor of the City, dated January 18, 1983 and recorded on January 20, 1983 as Instrument No. K547354 in Book K1189 beginning at page 1030 (the "Quit-Claim Deed") transferring the real estate pursuant to the terms of the Flood Control Agreement (all such real estate described in said Quit-Claim Deed being referred to herein as the "Real Estate"); and

WHEREAS, a certain utility bridge designated in the Flood Control Agreement as bridge B-7B (the "Utility Bridge") is included in a portion of the Real Estate covered by the Quit-Claim Deed; and

WHEREAS, the Utility Bridge crosses over the Big Blue River channel and, located on the Utility Bridge were (and continue to be) certain utilities, including that certain natural gas pipeline (the 'Gas Line"), which served (and continues to serve) a portion of Armco's property, including the real property in the Sheffield industrial area of Kansas City, Jackson County, Missouri (the "AGS Property").; and

 

WHEREAS, pursuant to the Flood Control Agreement, Armco was entitled to an easement from the (either by reservation in the Quit-Claim Deed or by separate grant) to use, maintain, repair, reconstruct and replace various bridges, including the Utility Bridge but no such easement was reserved or granted; and

 

WHEREAS, although an easement for the use of the Utility Bridge was never formally retained or granted, Armco and their successors and assigns in ownership of the AGS Property have continued to use (and currently using) the Utility Bridge and the Gas Line located on the Utility Bridge to provide natural gas service to the AGS Property; and

 

WHEREAS, AGS has recently acquired the AGS Property from Compass Big Blue, LLC ("Compass") and the AGS Property is served by the Gas Line which is located in part within the Easement Area; and

 

WHEREAS, AGS and Compass desire that the City grant AGS (and its successors and assigns in ownership to the AGS Property) the easement to which Armco was entitled under the Flood control Agreement to allow AGS (and its successors and assigns in ownership to the AGS Property) to use, maintain, repair, reconstruct and replace the Utility Bridge and to allow AGS use the Utility Bridge for purpose of allowing the Gas Line cross the Big Blue River channel in order to serve the AGS Property; and

 

WHEREAS, the City is willing to grant AGS and Compass' request by granting AGS (and its successors and assigns in ownership to the AGS Property) an easement to use, maintain, repair, reconstruct and replace the Utility Bridge and to allow AGS use the Utility Bridge for the purpose of allowing the Gas Line cross the Big Blue River channel in order to serve the AGS Property, all on the terms and conditions set forth in the Agreement attached hereto; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Utility and Gas Line Easement Agreement between the City and AGS Real Estate Holdings, L.L.C., for service across the Blue River to property located in the Sheffield Industrial District, is hereby approved and the Director of Public Works is hereby authorized to execute such Agreement. A copy of the Agreement, in substantial form, is attached hereto and made a part hereof by reference.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Mark P. Jones

Assistant City Attorney