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Legislation #: 050100 Introduction Date: 1/27/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent sewer rights-of-way on private properties for the construction and maintenance of storm sewers to serve a bridge replacement at N.W. 100th Street over Second Creek, in Kansas City, Platte County, Missouri.

Legislation History
DateMinutesDescription
1/26/2005 Filed by the Clerk's office
1/27/2005 Referred to Operations Committee
2/9/2005 Do Pass
2/10/2005 Add to Consent Docket
2/17/2005 Passed

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050100.pdf Authenticated 152K Authenticated
Factsheet%205478(2)2nd.xls Fact Sheet 30K Fact Sheet

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ORDINANCE NO. 050100

 

Condemning and taking permanent sewer rights-of-way on private properties for the construction and maintenance of storm sewers to serve a bridge replacement at N.W. 100th Street over Second Creek, in Kansas City, Platte County, Missouri.

WHEREAS, the Council finds that permanent sewer easements must be condemned for the purpose of locating, constructing and maintaining district storm sewers to serve bridge replacement at N.W. 100th Street over Second Creek, in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Storm Drainage Easements: That storm drainage 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, for bridge replacement at N.W. 100th Street over Second Creek, in Kansas City, Platte County, Missouri, and as shown in file number 2004-506A, 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.

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 easements hereby condemned and are described as follows:

TRACT NO. 1 Storm Drainage Easement

A tract of land, for storm drainage easement, in the south half of the northeast quarter of Section 32, Township 52 North, Range 33 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Missouri Warranty Deed, Document Number 003122, recorded in Book 716 at Page 306 in the Register of Deeds Office of Platte County, Missouri (as to an undivided 4/5th interest), said tract of land also being described in Missouri Warranty Deed, Document Number 0001882, recorded in Book 840 at Page 728 in the Register of Deeds Office of Platte County, Missouri (as to an undivided 1/5th interest) more particularly described as follows:

 

Commencing at the southwest corner of the northeast quarter of said section 32; thence N895324E along the south line of said quarter section, a distance of 1,804.12 feet; thence N000636W, a distance of 30.00 feet, to the point of beginning of the herein described tract; thence continuing N000636W, a distance of 25.00 feet; thence N895324E, a distance of 90.00 feet; thence N000636W, a distance of 70.00 feet; thence N895324E, a distance of 145.00 feet; Thence S000636E, a distance of 85.00 feet; thence N895324E, a distance of 25.00 feet; thence S000636E, a distance of 10.00 feet; thence S895324W, a distance of 260.00 feet, to the point of beginning. Said tract containing 16,275 square feet.

TRACT NO. 3 Storm Drainage Easement

A tract of land, for storm drainage easement, in the southeast quarter of Section 32, Township 52 North, Range 33 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Missouri Warranty Deed, Document Number 0001883, recorded in Book 840 at Page 729 in the Register of Deeds Office of Platte County, Missouri more particularly described as follows:

 

Commencing at the northwest corner of the southeast quarter of said section 32; thence N895324E along the north line of said quarter section, a distance of 1,804.12 feet; thence S000636E, a distance of 30.00 feet, to the point of beginning of the herein described tract; thence N895324E, a distance of 300.00 feet; thence S000636E, a distance of 20.00 feet; thence S895324W, a distance of 60.00 feet; thence S000636E, a distance of 75.00 feet; Thence S895324W, a distance of 170.00 feet; thence N000636W, a distance of 65.00 feet; thence S895324W, a distance of 70.00 feet; thence N000636W, a distance of 30.00 feet, to the point of beginning. Said tract containing 19,450 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.

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

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Approved as to form and legality:

 

 

 

________________________________

Theodore T. Anderson

Assistant City Attorney