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Legislation #: 100474 Introduction Date: 6/3/2010
Type: Ordinance Effective Date: 6/20/2010
Sponsor: None
Title: Repealing Ordinance No. 090170, and enacting a new ordinance condemning and taking permanent and temporary easements on private property for the construction and maintenance of sanitary sewers in the area of proposed Bittersweet Subdivision, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of Water Services; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing and directing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri.

Legislation History
DateMinutesDescription
6/2/2010 Filed by the Clerk's office
6/3/2010 Referred to Transportation and Infrastructure Committee
6/10/2010 Advance and Do Pass, Consent
6/10/2010 Passed

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100474.pdf Recorded Info 292K recorded
100474.pdf Authenticated 2423K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100474 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100474
Fctsht Bittersweet(condemn-repeal).xls Fact Sheet 49K fact sht Bittersweet repeal

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ORDINANCE NO. 100474

 

Repealing Ordinance No. 090170, and enacting a new ordinance condemning and taking permanent and temporary easements on private property for the construction and maintenance of sanitary sewers in the area of proposed Bittersweet Subdivision, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of Water Services; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing and directing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri.

WHEREAS, on April 10, 2008, the Council approved Ordinance 080313, authorizing an agreement with B.T. Residential (Developer) to allow upsizing of the Green Hills Pump Station, and as part of that Agreement, the City agreed to assist in securing easement necessary so that developer could benefit from the Pump Station; and

WHEREAS, on March 19, 2009, in order to obtain the easements noted above, the City Council passed Ordinance No. 090170 condemning and taking standard sewer and temporary easements on private properties for the construction and maintenance of sewers in the area of the proposed Bittersweet subdivision; and

WHEREAS, the Circuit Court of Platte County, Missouri, dismissed that condemnation for procedural reasons, including that the parties had not fully complied with a cooperative agreement noted below; and

WHEREAS, the parties are now in compliance in that the Developer has obtained an appraisal and offered to buy the easements from the owner, but has been unable to do so as the property is encumbered by judgments, deeds of trust and title issues such that the owner is not able to voluntarily transfer the easements to Developer or City unencumbered; and

WHEREAS, the Council finds that permanent and temporary easements must be condemned for the purpose of locating, constructing and maintaining sanitary sewers, in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance No. 090170 passed by Council on March 19, 2009, is hereby repealed.

Section 2. That standard sewer easements and temporary construction easements are a public use and those hereinafter described are hereby condemned and taken for public use, for the location, construction, reconstruction, maintenance, operation and repair of sanitary sewers, in and upon the private lands hereinafter described, in Kansas City, Platte County, Missouri, which is on file in the office of the Director of Water Services.

Section 3. That said improvements, once constructed and accepted by the City, shall be of the nature described and specified in, and shall be done in accordance with the plans on file in the office of the Director of Water Services and incorporated herein by reference.

Section 4. That the standard sewer easements shall be used by Kansas City as the permanent location of the sanitary sewer 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.

Section 5. The temporary easements shall be used by the Developer 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.

Section 6. The Developer 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 Developer entered upon it, and said temporary easements shall terminate upon completion and acceptance of the improvements by the Director of Water Services.

Section 7. 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.

Section 8. The standard sewer easements and temporary construction easements are hereby condemned and described as follows:

Standard Sewer Easement

A strip of land 10.00 feet in width in the Northwest Quarter of Section 4, Township 51, Range 33, Kansas City, Platte County, Missouri, lying 5.00 feet on each side of the following described Centerline: Commencing at the Northeast corner of the Northwest corner of said Section 4; thence South 89 degrees 57 minutes 49 seconds West, along the North line of said Northwest Quarter, 1,276.24 feet to the Northwest corner of the East 73.83 acres of said Northwest Quarter; thence South 00 degrees 21 minutes 13 seconds West, along the West line of the East 73.83 acres of said Northwest Quarter, 652.04 feet to the True Point of Beginning of the Centerline to be herein described; thence North 71 degrees 54 minutes 23 seconds West, 265.38 feet; thence North 42 degrees 08 minutes 06 seconds West, 267.48 feet; thence North 44 degrees 00 minutes 39 seconds West, 313.88 feet; thence South 76 degrees 00 minutes 33 seconds West, 293.15 feet to the point of termination.

 

Temporary Construction Easement

A strip of land 50.00 feet in width in the Northwest Quarter of Section 4, Township 51, Range 33, Kansas City, Platte County, Missouri, lying 25.00 feet on each side of the following described Centerline: Commencing at the Northeast corner of the Northwest Quarter of said Section 4; thence South 89 degrees 57 minutes 49 seconds West, along the North line of said Northwest Quarter, 1,276.24 feet to the Northwest corner of the East 73.83 acres of said Northwest Quarter; thence South 00 degrees 21 minutes 13 seconds West, along the West line of the East 73.83 acres of said Northwest Quarter, 652.04 feet to the True Point of Beginning of the Centerline to be herein described; thence North 71 degrees 54 minutes 23 seconds West, 265.38 feet; thence North 42 degrees 08 minutes 06 seconds West, 267.48 feet; thence North 44degrees 00 minutes 39 seconds West, 313.88 feet; thence South 76 degrees 00 minutes 33 seconds West, 318.15 feet to the point of termination.

Section 9. That just compensation for the easements to be condemned and taken herein 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. Such costs shall be reimbursed by the Developer.

Section 10. That pending acquisition of the above described easements by condemnation, the Director of Water Services is hereby authorized to negotiate for and to purchase said easements, and such costs shall be reimbursed by the Developer. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 11. 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