ORDINANCE NO. 041108

Condemning and taking permanent storm drainage easement on private property for the location, construction and maintenance of a storm sewer and appurtenances generally located at 72nd Street from College to Bales in Kansas City, Jackson County, Missouri.

WHEREAS, the Council finds that permanent storm drainage easement construction easement must be condemned for the purpose of locating, constructing and maintaining a storm sewer, generally located at 72nd Street from College to Bales; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permanent storm drainage easement construction easement are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of storm sewers and appurtenances in and upon the lands hereinafter described. The permanent storm drainage easement shall be used by Kansas City as the permanent location of the storm sewers to be constructed therein; 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 such storm sewers or making connections thereto.

TRACT NO. 3 PERMANENT STORM DRAINAGE EASEMENT

A parcel of land within Lot 9, Swope Park Heights, a subdivision in Kansas City, Jackson County, Missouri. Described as follows: Beginning at the Southwest corner of said Lot 9, said point also being the intersection of the east line of College Avenue and the north line of Seventy Second Street; Thence North along the west line of said Lot 9, 25.0 feet; thence Southeasterly, 35.3 feet more or less to a point on the south line of said Lot 9, 25.0 feet more or less East of the point of beginning; thence West along said south line 25.0 feet more or less to the Point of Beginning. Containing 312 sq. feet more or less.

Section 2. Damages, if any, to the tracts of land on which the easement for storm drainage right of way are imposed shall be determined and paid either in the manner provided in Chapter 523 RSMo and Rule 86 of the Missouri Rules of Civil Procedure or in the manner provided in Kansas City's constitutional charter, at the election of the City Attorney. Such proceedings shall be instituted in the Circuit Court of Jackson County, Missouri; and damages to individual ownerships may be determined in separate actions or in joint actions as determined in the discretion of the City Attorney. The compensation to be paid for the taking of said easements for public use shall be derived from funds now available or to be made available.

Section 3. If any of the lands or easements described herein shall be acquired by the City's Director of City Development, for which authority is hereby given, prior to or during pendency of the condemnation proceedings, the City Attorney is hereby authorized to withdraw such land or easement from such condemnation proceedings.

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Approved as to form and legality:

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Theodore T. Anderosn

Assistant City Attorney