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Legislation #: 101052 Introduction Date: 12/16/2010
Type: Ordinance Effective Date: 1/16/2011
Sponsor: None
Title: Condemning and taking private property interests for public use for the construction and maintenance of sanitary sewers in the vicinity of N.W. 70th Street and N. Overland Drive, in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Project Office; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Platte County, Missouri.

Legislation History
DateMinutesDescription
12/14/2010 Filed by the Clerk's office
12/16/2010 Referred to Planning and Zoning Committee
1/5/2011 Advance and Do Pass, Debate
1/6/2011 Passed

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ORDINANCE NO. 101052

Condemning and taking private property interests for public use for the construction and maintenance of sanitary sewers in the vicinity of N.W. 70th Street and N. Overland Drive, in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Project Office; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Platte County, Missouri.

WHEREAS, the Council finds that private property interests must be condemned for the purpose of locating, relocating, constructing and maintaining sanitary sewers and necessary appurtenances in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Properties are hereby authorized condemned and taken for public use in and upon the private lands hereinafter described, for Project No. 089003791, Sewer Districts 15096 - 15104 in Kansas City, Platte County, Missouri.

Section 2. Said improvements shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications certified under the supervision of the Director of Water Services, the same being on file in the Office of the Director of Water Services and being incorporated herein by reference.

Section 3. The permanent easements shall be used by Kansas City as the location of sanitary sewer improvements 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 permanent easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 4. The temporary easements shall be for grading and sloping, construction of any pertinent driveway and sidewalk pavements, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force.

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 add or remove additional depth of overburden to the land, or place buildings, or any other structure or obstruction on the land that may interfere with the proper, safe and continuous use and maintenance of the facilities to be constructed in and upon such easements.

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, or for a two year duration, whichever is the first event to occur.

Section 5. That the Permanent and Temporary Easements are hereby authorized condemned and taken for public use and hereby described as follows:

 

Permanent Sanitary Sewer Easement-Tract 3

 

A parcel of land situated in a portion of Tract 1, a subdivision of Tract 21, “AMENDED PLAT OF MILTONWOOD”, a subdivision of land in the City of Kansas City, Platte County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southwest corner of said Tract 1; thence South 89 degrees 36 minutes 45 seconds East, 163.20 feet, along the South of said Tract 1, to the Southeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 1030 at Page 663; thence North 18 degrees 13 minutes 51 seconds East, 209.20 feet, along the easterly line of said certain tract of land conveyed by Warranty Deed recorded in Book 1030 at Page 663, to the “true point of beginning”; thence North 62 degrees 00 minutes 59 seconds West, 89.36 feet; thence North 71 degrees 47 minutes 18 seconds West, 10.29 feet to a point on the West line of said certain tract of land conveyed by Warranty Deed recorded in Book 1030 at Page 663; thence North 00 degrees 50 minutes 17 seconds East, 23.77 feet, along said West line, to a point on the Southwesterly right-of-way line of N.W. Linden Road, as now established; thence South 66 degrees 55 minutes 35 seconds East, 105.85 feet, along said Southwesterly right-of-way line, to a point on said easterly line; thence South 18 degrees 13 minutes 51 seconds West, 28.88 feet, along said easterly line, to the “true point of beginning” of the parcel herein described, containing 2,507 square feet or 0.0576 acres, more or less.

 

Temporary Construction Easement-Tract 3

 

A parcel of land situated in a portion of Tract 1, a subdivision of Tract 21, “AMENDED PLAT OF MILTONWOOD”, a subdivision of land in the City of Kansas City, Platte County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southwest corner of said Tract 1; thence South 89 degrees 36 minutes 45 seconds East, 163.20 feet, along the South of said Tract 1, to the Southeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 1030 at Page 663; thence North 18 degrees 13 minutes 51 seconds East, 188.90 feet, along the easterly line of said certain tract of land conveyed by Warranty Deed recorded in Book 1030 at Page 663, to the “true point of beginning”; thence North 62 degrees 00 minutes 59 seconds West, 91.09 feet; thence North 71 degrees 47 minutes 18 seconds West, 2.33 feet to a point on the West line of said certain tract of land conveyed by Warranty Deed recorded in Book 1030 at Page 663; thence North 00 degrees 50 minutes 17 seconds East, 20.96 feet along said West line; thence South 71 degrees 47 minutes 18 seconds East, 10.29 feet; thence South 62 degrees 00 minutes 59 seconds East, 89.36 feet to a point on said easterly line; thence South 18 degrees 13 minutes 51 seconds West, 20.29 feet, along said easterly line, to the “true point of beginning” of the parcel herein described, containing 1,931 square feet or 0.0443 acres, more or less, except that part lying in existing utility easements.

 

Permanent Sanitary Sewer Easement-Tract 12

 

A tract of land situated in the Northwest Quarter of Section 20, Township 51 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Platte County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southeast corner of the Northwest Quarter of said Section 20; thence North 00 degrees 48 minutes 50 seconds East, 903.17 feet, along the East, line of the Northwest Quarter of said Section 20, to the Northeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 1063 at Page 98; thence North 89 degrees 13 minutes 26 seconds West, 154.46 feet, along the North line of said certain tract of land conveyed by Warranty Deed recorded in Book 1063 at Page 98, and the South lines of Lots 43 and 44, “GREEN GARDENS II”, a subdivision of land in the City of Kansas City, Platte County, Missouri, according to the recorded plat thereof, said point also being the “true point of beginning”; thence South 00 degrees 38 minutes 42 seconds East, 20.00 feet; thence North 89 degrees 13 minutes 26 seconds West, 72.71 feet along a line 20.00 feet South of and parallel with said North line; thence South 02 degrees 14 minutes 25 seconds West, 255.68 feet, to a point on the Northerly right-of-way line of N.W. Linden Road, as now established;

thence North 77 degrees 35 minutes 37 seconds West, 15.24 feet along said Northerly right-of-way line; thence North 02 degrees 14 minutes 25 seconds East, 247.61 feet to a point 25.00 feet South of and at right angles to said North line; thence North 89 degrees 13 minutes 26 seconds West, 206.46 feet along a line 25.00 feet South of and parallel with said North line; thence North 00 degrees 46 minutes 34 seconds East, 25.00 feet to a point on said North line; thence South 89 degrees 13 minutes 26 seconds East, 293.81 feet, along said North line, to the “true point of beginning” of the tract herein described, containing 10,726 square feet or 0.2462 acres, more or less.

 

Temporary Construction Easement-Tract 12

 

A tract of land situated in the Northwest Quarter of Section 20, Township 51 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Platte County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southeast corner of the Northwest Quarter of said Section 20; thence North 00 degrees 48 minutes 50 seconds East, 903.17 feet, along the East, line of the Northwest Quarter of said Section 20, to the Northeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 1063 at Page 98; thence North 89 degrees 13 minutes 26 seconds West, 136.95 feet, along the North line of said certain tract of land conveyed by Warranty Deed recorded in Book 1063 at Page 98, and the South lines of Lots 43 and 44, “GREEN GARDENS II”, a subdivision of land in the City of Kansas City, Platte County, Missouri, according to the recorded plat thereof, said point also being the “true point of beginning”; thence South 00 degrees 38 minutes 42 seconds East, 40.00 feet; thence North 89 degrees 13 minutes 26 seconds West, 73.71 feet along a line 40.00 feet South of and parallel with said North line; thence South 02 degrees 14 minutes 25 seconds West, 239.26 feet, to a point on the Northerly right-of-way line of N.W. Linden Road, as now established;

thence North 77 degrees 35 minutes 37 seconds West, 17.78 feet along said Northerly right-of-way line; thence North 02 degrees 14 minutes 25 seconds East, 255.68 feet to a point 20.00 feet South of and at right angles to said North line; thence South 89 degrees 13 minutes 26 seconds East, 72.71 feet along a line 20.00 feet South of and parallel with said North line; thence North 00 degrees 38 minutes 42 seconds West, 20.00 feet to a point on said North line; thence South 89 degrees 13 minutes 26 seconds East, 17.51 feet, along said North line, to the “true point of beginning” of the tract herein described, containing 6,320 square feet or 0.1451 acres, more or less, except that part lying in existing utility easements.

 

and

 

A tract of land situated in the Northwest Quarter of Section 20, Township 51 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Platte County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southeast corner of the Northwest Quarter of said Section 20; thence North 00 degrees 48 minutes 50 seconds East, 903.17 feet, along the East, line of the Northwest Quarter of said Section 20, to the Northeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 1063 at Page 98; thence North 89 degrees 13 minutes 26 seconds West, 448.27 feet, along the North line of said certain tract of land conveyed by Warranty Deed recorded in Book 1063 at Page 98, and the South lines of Lots 43, 44, 45, 46 and 47, “GREEN GARDENS II”, a subdivision of land in the City of Kansas City, Platte County, Missouri, according to the recorded plat thereof, said point also being the “true point of beginning”; thence South 00 degrees 46 minutes 34 seconds West, 25.00 feet; thence South 89 degrees 13 minutes 26 seconds East, 206.46 feet along a line 25.00 feet South of and parallel with said North line; thence South 02 degrees 14 minutes 25 seconds West, 247.61 feet, to a point on the Northerly right-of-way line of N.W. Linden Road, as now established; thence North 77 degrees 35 minutes 37 seconds West, 17.78 feet along said Northerly right-of-way line; thence North 02 degrees 14 minutes 25 seconds East, 229.02 feet to a point 40.00 feet South of and at right angles to said North line; thence North 89 degrees 13 minutes 26 seconds West, 198.57 feet along a line 40.00 feet South of and parallel with said North line; thence North 00 degrees 46 minutes 34 seconds East, 40.00 feet to a point on said North line; thence South 89 degrees 13 minutes 26 seconds East, 10.00 feet, along said North line, to the “true point of beginning” of the tract herein described, containing 7,533 square feet or 0.1729 acres, more or less, except that part lying in existing utility easements.

 

Permanent Sanitary Sewer Easement-Tract 21

 

All of the West 5.00 feet of the South 190.00 feet of Lot 38, “GREEN GARDENS II”, a subdivision of land in the City of Kansas City, Platte County, Missouri, according to the recorded plat thereof, containing 950 square feet or 0.0218 acres, more or less.

 


Temporary Construction Easement-Tract 21

 

All of the East, 10.00 feet of the West 15.00 feet of the South 190.00 feet of Lot 38, “GREEN GARDENS II”, a subdivision of land in the City of Kansas City, Platte County, Missouri, according to the recorded plat thereof, containing 1,900 square feet or 0.0436 acres, more or less, except that part lying in existing utility easements.

 

Permanent Sanitary Sewer Easement-Tract 22

 

All of the South 5.00 feet of Lot 39, “GREEN GARDENS II”, a subdivision of land in the City of Kansas City, Platte County, Missouri, according to the recorded plat thereof, containing 500 square feet or 0.0115 acres, more or less.

Section 6. Compensation. That just compensation for the properties 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 86.01 to 86.10 of the Missouri Rules of Civil Procedure.

Section 7. Pending acquisition of the above described property rights by condemnation, the Director of Water Services or his agents are hereby authorized to purchase said easements and to pay for them out of funds available or to be made available. The City Attorney is hereby authorized and directed to file the petition for condemnation on behalf of the City in the Platte County Circuit Court. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 8. That all permanent and temporary easements in the above described tracts 3, 12, 21 and 22 be condemned and conveyed to Kansas City, Missouri.

Section 9. 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 Platte County Missouri.

 

_______________________________________

 

Approved as to form and legality:

 

 

___________________________________

Theodore T. Anderson

Assistant City Attorney