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Legislation #: 041038 Introduction Date: 9/16/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent sewer rights-of-way and temporary construction easements on private properties for the construction and maintenance of district sanitary sewers to serve Sewer District No. 11038, in Sewer Division No. 11, in Kansas City, Jackson County, Missouri; providing for payment of just compensation therefor.

Legislation History
DateMinutesDescription
9/16/2004

Prepare to Introduce

9/16/2004

Referred Operations Committee

9/22/2004

Hold On Agenda

10/6/2004

Hold Off Agenda

7/13/2005 Release
7/13/2005 Released

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ORDINANCE NO. 041038

 

Condemning and taking permanent sewer rights-of-way and temporary construction easements on private properties for the construction and maintenance of district sanitary sewers to serve Sewer District No. 11038, in Sewer Division No. 11, in Kansas City, Jackson County, Missouri; providing for payment of just compensation therefor.

 

WHEREAS, the Council finds that permanent sewer easements and temporary construction easements must be condemned for the purpose of locating, constructing and maintaining district sanitary sewers to serve Sewer District No. 11038 in Sewer Division No. 11, in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Condemnation of Permanent and Temporary Easements: That permanent and temporary 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 No. 11038.

 

The permanent sewer easements shall be used by Kansas City as the permanent location of the sewerage 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 sewers 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 permanent and temporary easements hereby condemned and taken for Sewer District No. 11038 are described as follows:

 

TRACT NO. 4 - Standard Sewer Easement and Temporary Construction Easement

 

A strip of land, for permanent sewer easement, over a portion of Block 2, Foster Addition, a subdivision in Kansas City, Jackson County, Missouri, more particularly described as follows:

 

Commencing at the northwest corner of said Block 2; thence South 02E2148 West, along the west line of said Block 2, a distance of 96.14 feet, to the point of beginning of the herein described strip; thence South 04E3213 East, a distance of 58.72 feet; thence South 02E1236 West, a distance of 32.96 feet, to a point on the easterly right-of-way line of Newton Avenue, said point being the beginning of a non-tangent curve concave to the northeast having a radius of 75.00 feet and an initial tangent


bearing of North 22E5047 West, thence northwesterly 33.00 feet through a central angle of 25E1235; thence continuing along said right-of-way, North 02E2148 East, a distance of 59.32 feet, to the point of beginning.

 

Temporary Construction Easement

 

A strip of land, for temporary construction easement, over a portion of Block 2, Foster Addition, a subdivision in Kansas City, Jackson County, Missouri, more particularly described as follows:

 

Beginning at the northwest corner of said Block 2; thence South 87E3340 East, along the north line of said Block 2, a distance of 5.99 feet; thence S 04E3213 East, a distance of 154.48 feet; thence South 02E1236 West, a distance of 57.73 feet, to a point on the easterly right of way line of Newton Avenue, said point being the beginning of a non-tangent curve concave to the northeast having a radius of 75.00 feet and an initial tangent bearing of North 45E3131 West; thence northwesterly 29.69 feet along said curve and right of way line through a central angle of 22E4044; thence North 02E1236 East, a distance of 32.96 feet; thence North 04E3213 West, a distance of 58.72 feet, to a point on the east right-of-way line of said Newton Avenue; thence North 02E2148 East, along said east right of way line, a distance of 96.14 feet, to the point of beginning.

 

Section 2. 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 therefor shall be instituted and prosecuted in the Circuit Court of Missouri, Sixteenth Judicial Circuit, (Jackson 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 3. 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.

 

This ordinance is recommended for passage by the Director of Public Works.

 

_______________________________________

 

Approved as to form and legality:

 

____________________________

John H. Altergott, Jr.

Assistant City Attorney