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Legislation #: 060814 Introduction Date: 7/27/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent, and temporary easements, and right-of-way on private properties for the improvement and maintenance of sanitary sewer project No. 3768, located in the vicinity of N.E. 55th Street, and N. Bennington Avenue, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
7/26/2006 Filed by the Clerk's office
7/27/2006 Referred to Operations Committee
8/2/2006 Advance and Do Pass, Debate
8/3/2006 Passed

View Attachments
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061061.pdf Authenticated 28K recorded
060814.pdf Authenticated 142K recorded
060814.pdf Authenticated 471K Authenticated
Factsheet 3768(condemn).xls Fact Sheet 30K Fact sheet

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ORDINANCE NO. 060814

 

Condemning and taking permanent, and temporary easements, and right-of-way on private properties for the improvement and maintenance of sanitary sewer project No. 3768, located in the vicinity of N.E. 55th Street, and N. Bennington Avenue, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

 

WHEREAS, the Council finds that private property must be condemned for permanent, and temporary easements, for the purpose of construction, and maintenance of sanitary sewers, all in Kansas City, Clay County, Missouri; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the properties to be condemned by this ordinance for the improvement of sanitary sewers, as more fully described in the plans for Project No. 3768, which are on file in the Department of Public Works and are incorporated herein by reference are hereby provided for and authorized.

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 by the City Engineer under the supervision of the Director of Public Works and identified as Project No. 3768, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference. 

Section 3. The permanent and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of sanitary sewers in and upon the land hereinafter described.

The permanent easements shall be used by Kansas City as the permanent 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 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 Temporary Construction Easements shall be used by the City of Kansas City, Missouri or their authorized agents, servants, employees or contractors during the construction for grading and sloping, construction of driveway pavements, removal of structures, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, storage of materials, the operation of equipment, and the movement of a work force. After the work is complete, the City of Kansas City, Missouri 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 the City of Kansas City or its agents entered upon it. Said temporary construction easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works

TRACT 15 Standard Sewer Easement

A parcel of land situated in a portion of the South One-half of Lot 117, MEADOWBROOK, a subdivision of land in the City of Kansas City, Clay 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).

 

Beginning at the Southeast corner of said Lot 117, said point being on the Westerly right-of-way line of North Cambridge Avenue, as now established; thence North 894607 West 9.53 feet along the South line of said Lot 117; thence North 595045 East 9.46 feet, to a point on said Westerly right-of-way line, said point being on a non-tangent curve concave to the East having a radius of 380.00 feet; thence Southerly 4.97 feet along said Westerly right-of-way line and said curve to the left having a chord bearing South 154418 East 4.97 feet, to the point of beginning of the parcel herein described, containing 23 square feet or 0.0005 acres, more or less. Except that part lying in existing utility easements.

 

TRACT 15 Temporary Construction Easement

 

A parcel of land situated in a portion of the South One-half of Lot 117, MEADOWBROOK, a subdivision of land in the City of Kansas City, Clay 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 Southeast corner of said Lot 117, said point being on the Westerly right-of-way line of North Cambridge Avenue, as now established; thence North 894607 West 9.53 feet, along the South line of said Lot 117, to the true point of beginning; thence North 894607 West 27.22 feet along said South line; thence North 300915 West 3.73 feet; thence North 595045 East 38.01 feet, to a point on said Westerly right-of-way line, said point being on a non-tangent curve concave to the East having a radius of 380.00 feet; thence Southerly 18.22 feet along said Westerly right-of-way line and said curve to the left having a chord bearing South 135922 East 18.22 feet; thence South 595045 West 9.46 feet to the true point of beginning of the parcel herein described, containing 458 square feet or 0.0105 acres, more or less. Except that part lying in existing utility easements.

TRACT 18 Standard Sewer Easement

15 wide Permanent Easement No. 1

 

A parcel of land situated in a portion of Lot 120, MEADOWBROOK, a subdivision of land in the City of Kansas City, Clay 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 Southeast corner of said Lot 120, said point being on the Southwesterly right-of-way line of North Cambridge Avenue, as now established; thence North 894607 West 170.07 feet, along the South line of said Lot 120, to the true point of beginning; thence North 894607 West 15.41 feet along said South line; thence North 130409 West 82.21 feet to a point 20.00 feet South of and at right angles to the North line of said Lot 120; thence North 894607 West 205.17 feet, along a line 20.00 feet South of and parallel with said North line, to a point on the Easterly line of an existing sewer easement 10.00 feet in width as recorded in Book 2495 at Page 302; thence North 021952 East 9.10 feet along said Easterly line; thence North 002405 East 5.91 feet, along said Easterly line, to a point 5.00 feet South of and at right angles to said North line; thence South 894607 East 216.69 feet along a line 5.00 feet South of and parallel with said North line; thence South 130409 East 97.62 feet to the true point of beginning of the parcel herein described, containing 4,512 square feet or 0.1036 acres, more or less. Except that part lying in existing utility easements.

 

AND

 

15 wide Permanent Easement No. 2

 

A parcel of land situated in a portion of Lot 120, MEADOWBROOK, a subdivision of land in the City of Kansas City, Clay 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 Northeast corner of said Lot 120, said point being on the Southwesterly right-of-way line of North Cambridge Avenue, as now established; thence North 894607 West 361.63 feet, along the North line of said Lot 120, to a point on the Westerly line of an existing sewer easement 10.00 feet in width as recorded in Book 2495 at Page 302; thence South 002405 West 5.00 feet, along said Westerly line, to the true point of beginning; thence South 002405 West 5.71 feet along said Westerly line; thence South 021952 West 9.29 feet along said Westerly line; thence North 894607 West 5.13 feet; thence North 001353 East 15.00 feet to a point 5.00 feet South of and at right angles to said North line; thence South 894607 East 5.49 feet, along a line 5.00 feet South of and parallel with said North line, to the true point of beginning of the parcel herein described, containing 81 square feet or 0.0018 acres, more or less. Except that part lying in existing utility easements.

 

TRACT 15 Temporary Construction Easement

 

Temporary Construction Easement No. 1:

 

A parcel of land situated in a portion of Lot 120, MEADOWBROOK, a subdivision of land in the City of Kansas City, Clay 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 Southeast corner of said Lot 120, said point being on the Southwesterly right-of-way line of North Cambridge Avenue, as now established; thence North 894607 West 152.09 feet, along the South line of said Lot 120, to the true point of beginning; thence North 894607 West 17.98 feet along said South line; thence North 130409 West 97.62 feet to a point 5.00 feet South of and at right angles to the North line of said Lot 120; thence North 894607 West 216.69 feet, along a line 5.00 feet South of and parallel with said North line, to a point on the Easterly line of an existing sewer easement 10.00 feet in width as recorded in Book 2495 at Page 302; thence North 002405 East 5.00 feet, along said Easterly line, to a point on the North line of said Lot 120; thence South 894607 East 233.47 feet along said North line; thence South 130409 East 102.76 feet to the true point of beginning of the parcel herein described, containing 2,879 square feet or 0.0661 acres, more or less. Except that part lying in existing utility easements.

 

AND


Temporary Construction Easement No. 2:

 

A parcel of land situated in a portion of Lot 120, MEADOWBROOK, a subdivision of land in the City of Kansas City, Clay 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 Southeast corner of said Lot 120, said point being on the Southwesterly right-of-way line of North Cambridge Avenue, as now established; thence North 894607 West 185.48 feet, along the South line of said Lot 120, to the true point of beginning; thence North 894607 West 17.98 feet along said South line; thence North 130409 West 64.22 feet to a point 37.50 feet South of and at right angles to the North line of said Lot 120; thence North 894607 West 191.97 feet, along a line 37.50 feet South of and parallel with said North line, to a point on the Easterly line of an existing sewer easement 10.00 feet in width recorded in Book 2495 at Page 302; thence North 021952 East 17.51 feet, along said Easterly line, to a point 20.00 feet South of and at right angles to said North line; thence South 894607 East 205.17 feet along a line 20.00 feet South of and parallel with said North line; thence South 130409 East 82.21 feet to the true point of beginning of the parcel herein described, containing 4,756 square feet or 0.1092 acres, more or less. Except that part lying in existing utility easements.

 

AND

 

Temporary Construction Easement No. 3:

 

A parcel of land situated in a portion of Lot 120, MEADOWBROOK, a subdivision of land in the City of Kansas City, Clay 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 Northeast corner of said Lot 120, said point being on the Southwesterly right-of-way line of North Cambridge Avenue, as now established; thence North 894607 West 361.63 feet, along the North line of said Lot 120, to a point on the Westerly line of an existing sewer easement 10.00 feet in width as recorded in Book 2495 at Page 302, said point also being the true point of beginning; thence South 002405 West 5.00 feet along said Westerly line; thence North 894607 West 5.49 feet along a line 5.00 feet South of and parallel with said North line; thence South 001353 West 15.00 feet to a point 20.00 feet South of and at right angles to said North line; thence South 894607 East 5.13 feet, along a line 20.00 feet South of and parallel with said North line, to a point on said Westerly line; thence South 021952 West 17.51 feet along said Westerly line; thence North 894607 West 5.60 feet to a point on the Easterly line of a certain tract of land conveyed for park purposes recorded in Court Case No. 23420; thence North 003617 East 37.50 feet, along said Easterly line, to a point on the North line of said Lot 120; thence South 894607 East 6.37 feet, along said North line, to the true point of beginning of the parcel herein described, containing 149 square feet or 0.0034 acres, more or less. Except that part lying in existing utility easements.

Section 4. 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, Clay 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 5. 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 6. That upon the effective date of this ordinance, the City Clerk is hereby Clay County, Missouri.

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

_________________________________________________

  Approved as to form and legality:

 

 

_________________________________

Theodore Anderson

Assistant City Attorney