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Legislation #: 900633 Introduction Date: 11/1/1990
Type: Ordinance Effective Date: 11/18/1990
Sponsor: None
Title: Condemning and taking temporary easements for testing purposes in private property for public use in connection with the expansion of Bartle Hall in the vicinity of 14th and Broadway and providing for the payment of just compensation therefore.

Legislation History
DateMinutesDescription
10/31/1990

Prepare to Introduce

11/1/1990

Referred Audit And Operations Committee

11/7/1990

Advance and Do Pass

11/8/1990

Passed


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ORDINANCE NO. 900633

 

Condemning and taking temporary easements for testing purposes in private property for public use in connection with the expansion of Bartle Hall in the vicinity of 14th and Broadway and providing for the payment of just compensation therefore.

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WHEREAS, the Council finds and determines that it is necessary to condemn and take the herein described temporary easements for testing in order to permit the acquisition of property for the expansion of Bartle Hall to go forward; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That a temporary easement for testing is hereby condemned and taken for public use upon, over and across the lands, identified as Tract I, hereinafter described. The temporary easement for testing shall be used by Kansas City or its authorized agents, servants, employees, or contractors to go upon the property and perform a non-intrusive magnetometer survey by walking and carrying appropriate instruments across the property to obtain and record magnetometer readings and subsequently to drill and collect soil samples for testing in order to determine whether there is any contamination present on the property. Such easement shall include the right to drill through any concrete or asphalt surfaces including those located under canopies but shall be limited as follows: (1) it shall not include the right to drill into or through pump islands or surfaces within buildings; (2) all testing shall be conducted during "closed" business hours, 12:00 P.M. to 6:00 A.M.; (3) equipment will not be stored on the property between tests in any location which will interfere with vehicular access to pumps; (4) upon completion of the sampling, Kansas City shall cause the surface of the lands lying within the temporary easement to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon it and, while the testing is in progress, drill holes will be refilled immediately after the sample is taken in a manner that will permit driving over them. The easement shall terminate three weeks after work has begun or 90 days after the legal right to the easement is acquired, whichever is earlier.

 

TRACT I:

 

Lots 20, 21 and 22 and the south 19.5 feet of Lot 23, Block 12, Reid's Addition, a subdivision in Kansas City, Jackson County, Missouri.

 

Section 2. That a temporary easement for testing is hereby condemned and taken for public use upon, over and across the lands, identified as Tract II, hereinafter described. The temporary easement for testing shall be used by Kansas City or its authorized agents, servants, employees, or contractors to go upon the property and perform a non-intrusive magnetometer survey by walking and carrying appropriate instruments across the property to obtain and record magnetometer readings and subsequently to drill and collect soil samples for testing in order to determine whether there is any contamination present on the property. Such easement shall include the right to drill through any concrete or asphalt surfaces including those located under canopies but shall be limited as follows: (1) it shall not include the right to drill into or through pump islands or surfaces within buildings; (2) all testing shall be conducted on Saturday or Sunday or between 6:00 P.M. to 6:00 A.M., Monday through Friday; (3) equipment will not be stored on the property between tests in any location which will interfere with vehicular access to pumps; (4) upon completion of the sampling, Kansas City shall cause the surface of the lands lying within the temporary easement to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon it and, while the testing is in progress, drill holes will be refilled immediately after the sample is taken in a manner that will permit driving over them. The easement shall terminate three weeks after work has begun or 90 days after the legal right to the easement is acquired, whichever is earlier.

 

TRACT II:

 

All of Lots 1, 2 and 3, Bellemare Place, except that part in I-35, a subdivision in Kansas City, Jackson County, Missouri, and Lots 14 and 15, Block 2, Broadway Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof together with the adjacent part of the northeast 1/4 of the southeast 1/4 of Section 6, Township 49, Range 33, described as: Beginning at the southeast corner of said Lot 15, Block 2, Broadway Addition and running west with the south lot line to the southwest corner of said Lot 15; thence south 3 1/2 feet; thence east parallel with the first course to a point in the west line of Broadway that is 3 1/2 feet south of the point of beginning; and thence north with said street line 3 1/2 feet to the point of beginning, except that part thereof, if any, which lies south of the north line of Lot 1, Bellemare Place, an addition in Kansas City, Jackson County, Missouri, also except that part of Lot 14, Block 2, Broadway Addition, described as follows: Beginning at the northeast corner of said Lot 14; thence south along the east line of said Lot 19.6 feet to a point; thence westerly in a straight line to a point 120 feet west of the east line of said Lot 14, measured at right angles thereto and 10.47 feet south of the north line of said Lot 14, measured at right angles thereto said point being in the west line of said Lot 14 and the east line of an alley 11 feet wide lying west of and adjoining Lot 14; thence north and parallel with the east line of said Lot 14 and along the east line of said alley 10.47 feet to the north line of said Lot 14, thence east along the north line of said Lot 120 feet to the point of beginning.

 

Section 3. That just compensation for the lands and tracts of property taken herein shall be assessed and paid according to law. Payment of just compensation shall be made by Kansas City in cash from funds appropriated or to be appropriated for said purposes; and the proceedings for taking or damaging of such aforesaid property shall be instituted in the first instance and prosecuted either as a single action or as separate actions in the Circuit Court of Jackson County, Missouri, at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1986, as supplemented or amended by Section 86 of the Rules of Civil Procedure.

 

Section 4. That pending the acquisition of said lands by condemnation, the Director of Finance is hereby authorized to purchase any or all of said lands out of funds appropriated or to be appropriated for said purpose, and if any tracts be so acquired by purchase, the City Attorney is authorized to withdraw the same from the condemnation proceeding.

 

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Approved as to form and legality:

 

 

 

 

 

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Assistant City Attorney