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Legislation #: 050628 Introduction Date: 5/26/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property for public purpose for storm drainage easements, and temporary easements for storm drainage project No. 3543 in the vicinity of N. Stoddard Avenue and N.W. 79th Street in Kansas City, Platte County, Missouri.

Legislation History
DateMinutesDescription
5/25/2005 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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050628.pdf Authenticated 292K Authenticated
Factsheet 3543.xls Vacation Petition Form 31K Fact sheet

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ORDINANCE NO. 050628

 

Condemning and taking private property for public purpose for storm drainage easements, and temporary easements for storm drainage project No. 3543 in the vicinity of N. Stoddard Avenue and N.W. 79th Street in Kansas City, Platte County, Missouri.

WHEREAS, the Council finds that permanent sewer, and temporary construction easements must be condemned for the purpose of locating, constructing and maintaining storm sewers in the vicinity N. Stoddard and N.W. 79th Street in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Storm Drainage, and Temporary Easements: That storm drainage, and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of storm sewers, in and upon the private lands hereinafter described, in Kansas City, Platte County, Missouri, and as shown in file number 2004-366A, which is on file in the office of the Director of Public Works

The storm drainage easement shall be used by Kansas City as the permanent location of the storm 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 storm drainage, and temporary easements are hereby condemned and are described as follows:

Tract No. 6 Temporary Easement

All that part of Lot 15, Block 3, PLATTE RIDGE SIXTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri, according to the recording thereof, Beginning at a Point that is 5.00 feet East of as measured perpendicular to the West line and 7.50 feet North of as measured perpendicular to the South line of said Lot 15, thence North 0336'53" West, along a line that is 5.00 feet East of as measured perpendicular to the West line of said Lot 15, a distance of 5.02 feet; thence North 8628'25" East, a distance of 50.05 feet; thence South 0134'03" East, to a point that is 5.00 feet North of as measured perpendicular to the South line and 54.79 feet East of as measured perpendicular to the West line of said Lot 15, a distance of 7.36 feet; thence along the North line of an existing Drainage Easement the following three courses, South 8617'15" West, a distance of 14.30 feet; thence North 0342'45" West, a distance of 2.50 feet; thence South 8617'15" West, a distance of 35.49 feet to the Point of Beginning. Containing 0.01 acres or 282.43 square feet more or less.

Tract No. 7 Storm Drainage Easement

A parcel of land within Lot 28, Block 3, PLATTE RIDGE SEVENTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri. Described as follows: Commencing at the Southeast Corner of said Lot 28, Block 3, according to the recorded plat thereof; thence North 8457'38" West, along the South line of said Lot 28, to a point on the Westerly line of an existing Drainage and Utility Easement, a distance of 53.97 feet to the Point of Beginning; thence continuing North 8457'38" West, along the South line of said Lot 28, a distance of 17.16 feet; thence North 1157'32" East, to a point on the Southwesterly line of an existing 15.00 foot Drainage Easement, a distance of 33.15 feet; thence South 4604'41" East, along said Southwesterly line of an existing 15.00 foot Drainage Easement to a point on the West line of existing Drainage and Utility Easement, a distance of 12.36 feet; thence South 0300'45" East, a distance of 25.39 feet to the Point of Beginning. Containing 0.01 acres or 389.37 square feet more or less.

 

And also:

 

A parcel of land within Lot 28, Block 3, PLATTE RIDGE SEVENTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri. Described as follows: Commencing at the Northeast corner of said Lot 28, according to the recorded plat thereof, thence North 8935'43" West, along the North line of said Lot 28, a distance of 52.63 feet; thence South 0300'45" West, to a point on the South line of a Existing 15.00 foot Utility Easement and the West line of a existing Drainage and Utility Easement, a distance of 7.51 feet to the Point of Beginning; thence continuing South 0300'45" East, along said existing Drainage and Utility Easement, a distance of 25.71 feet; thence North 4604'41" West, along the Northeasterly line of a 15.00 foot existing Drainage Easement, a distance of 17.34 feet; thence North 0920'30" East, to a point on the South line of said existing 15.00 foot Utility Easement, a distance of 13.89 feet; thence South 8935'43" East, a distance of 8.88 feet to the Point of Beginning. Containing 0.00 acres or 213.09 square feet more or less.

Tract No. 7 Temporary Easement

Commencing at the Southeast Corner of Lot 28, Block 3, PLATTE RIDGE SEVENTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri, According to the recorded plat thereof, thence North 8457'38" West, along the South line of said Lot 28, a distance of 71.13 feet to the Point of Beginning; thence continuing North 8457'38" West, along the South line of said Lot 28, a distance of 7.31 feet; thence North 0920'30" East, to a point on the Southwesterly line of an existing 15.00 foot Drainage Easement, a distance of 39.71 feet; thence South 4604'41" East, along said Southwesterly line of an existing 15.00 foot Drainage Easement, a distance of 10.69 feet; thence South 1157'32" West, a distance of 33.15 feet to the Point of Beginning. Containing 0.01 acres or 294.92 square feet more or less.

 

Tract No. 21 Storm Drainage Easement

 

A parcel of land within Lot 3, Block 3, PLATTE RIDGE SIXTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri. Described as follows:

 

Commencing at the Southwest corner of said Lot 3, according to the recorded plat thereof; thence South 7302'06" East, along the Southwesterly line of said Lot 3, to a point on the Easterly line of an existing Drainage and Utility Easement, a distance of 29.00 feet to the Point of Beginning; thence North 1640'46" East, along said Easterly Drainage and Utility Easement line to a point on the Northeasterly line of said Lot 3, a distance of 73.57 feet; thence South 6929'03" East, along the Northeasterly line of said Lot 3, a distance of 1.38 feet; thence South 1212'37" West, to a point on the Southwesterly line of said Lot 3, a distance of 73.74 feet; thence North 7302'06" West, along said Southwesterly line of said Lot 3, a distance of 7.12 feet to the Point of Beginning. Containing 0.01 acres or 312.47 square feet more or less.

Tract No. 21 Temporary Easement

Commencing at the Southwest corner of Lot 3, Block 3, PLATTE RIDGE SIXTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri, according to the recorded plat thereof, thence South 7302'06" East, along the Southwesterly line of said Lot 3, a distance of 36.12 feet to the Point of Beginning; thence North 1212'37" East, to a point on the Northeasterly line of said Lot 3, a distance of 73.74 feet; thence South 6929'03" East, along the Northeasterly line of said Lot 3, a distance of 7.15 feet; thence South 1023'14" West, to a point on the Southwesterly line of said Lot 3, a distance of 73.53 feet; thence North 7302'06" West, along the Southwesterly line of said Lot 3, a distance of 9.45 feet to the Point of Beginning. Containing 0.01 acres or 605.79 square feet more or less.

 

Tract No. 25 Storm Drainage Easement

 

All that part of Lot 19, PLATTE RIDGE FIFTH PLAT and Lot 20, Block 17, PLATTE RIDGE SIXTH PLAT, subdivisions of land, in Kansas City, Platte County, Missouri, according to the recorded plat thereof described as follows:

 

All of the East 10.00 of the West 45.00 feet of the South 59.00 feet of said Lot 19, and of the East 10.00 of the West 45.00 feet of the North 7.00 feet of said Lot 20, containing 0.01 acres or 661.00 square feet more or less.

Tract No. 25 Temporary Easement

All that part of Lot 19, Block 17, PLATTE RIDGE FIFTH PLAT, and Lot 20, Block 17, PLATTE RIDGE SIXTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri, according to the recorded plat thereof described as follows:

 

All of the East 5.00 feet of the West 50.00 feet of the South 59.00 feet of said Lot 19, and all of the East 5.00 feet of the West 50.00 feet of the North 7.00 feet of said Lot 20, containing less than 0.01 acres or 330.05 square feet more or less.

Tract No. 29 Temporary Easement

All of the West 7.00 feet of the East 42.00 feet of Lot 25, Block 17, PLATTE RIDGE EIGHTH PLAT, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof, except of that part in existing Utility Easement, containing 0.01 acres or 586.77 square feet more or less.

Tract No. 31 Temporary Easement

All of the East 7.00 feet of the West 32.00 feet of Lot 14, Block 17, PLATTE RIDGE FIFTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri, according to the recorded plat thereof. containing 0.01 acres or 455.07 square feet more or less.

Tract No. 34 Temporary Easement

All of the East 10.00 feet of the West 35.00 feet of Lot 11, Block 17, PLATTE RIDGE FIFTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri, according to the recorded plat thereof. except for the South 5.00 feet of said Lot 11, containing 0.01 acres or 514.65 square feet more or less.

Tract No. 41 Temporary Easement

All of the Easterly 10.00 feet of the Westerly 35.00 feet of Lot 4, Block 17, PLATTE RIDGE FIFTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri, according to the recorded plat thereof, except for the South 5.00 feet of said Lot 4. Containing 0.01 acres or 596.01 square feet more or less.

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 therefore shall be instituted and prosecuted in the Circuit Court of Missouri, Platte 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.

Section 4. 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, Platte County, Missouri.

_________________________________________

 

Approved as to form and legality:

 

 

______________________________

Theodore T. Anderson

Assistant City Attorney