ORDINANCE NO. 081144
Authorizing condemnation and the
taking of permanent storm drainage easements on private property for the public
purpose of construction and maintenance of storm sewers in the area of 5036
Gardner Avenue (Tracts 14 and 15), Kansas City, Jackson County, Missouri;
providing for the payment of just compensation therefore; authorizing continued
negotiations by the Acting Director of the Water Services Department and the
City Attorney; consenting to the filing of the petition in condemnation by the
City Attorney on behalf of the City; and directing the City Clerk to file this
ordinance with the Recorder of Deeds in Jackson County, Missouri.
WHEREAS, these two
tracts are integral to the project to reduce flooding at the intersection of
Chouteau Trafficway and Gardner Avenue.
WHEREAS, the Council
finds and determines it is necessary to condemn permanent storm drainage
easements for the construction, reconstruction, maintenance, operation and
repair of said storm drainage conveyance system or making connections thereto,
in the area more specifically described hereinafter in Kansas City, Jackson
County, Missouri; NOW THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That we
hereby authorize condemnation of two permanent storm drainage easements for
public use for the construction, reconstruction, maintenance, operation and
repair of a storm sewer in and upon the private lands hereinafter described, in
the area of 5036 Gardner, in Kansas City, Missouri, as shown in Project
82000062, which is on file in the office of the Director of the Water Services
Department.
Section 2. That the
storm sewer improvements shall be of the nature described and specified in, and
shall be done generally in accord with, the plans and specifications as
approved by the Water Services Department, the same being on file in the Office
of the Acting Director of Water Services Department and being incorporated
herein by this reference.
Section 3. The
permanent storm drainage easements shall be used by Kansas City as the
permanent location of the storm drainage conveyance system improvements to be
constructed therein including any necessary appurtenances thereto; and Kansas
City shall have the right to enter in, or authorize entry, in and upon such
easements for the purpose of constructing, reconstructing, maintaining,
operating and repairing said storm drainage conveyance system or making
connections thereto.
Section 4. 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 storm sewer to be
constructed in and upon such easements.
Section 5. The storm
drainage easements to be condemned are legally described in the attached
Exhibit A.
Section 6. That
just compensation for the permanent storm drainage easements in Kansas City, Missouri, herein shall be assessed and paid according to law. Payment for
such compensation shall be made by Kansas City from funds appropriated or to be
appropriated for said purposes; and the proceedings therefore shall be
instituted in the first instance and prosecuted in the Circuit Court of Jackson
County, Missouri, pursuant to the provisions of Chapter 523 of the Revised
Statutes of Missouri, as supplemented or amended by Supreme Court Rule 86.
Section 7. That
pending the acquisition of said easement by condemnation, the Water Services
Department is hereby authorized to negotiate and purchase the permanent storm
drainage easements out of funds appropriated or to be appropriated as
aforesaid, and if any of the easements are so purchased, the City Attorney is
authorized to withdraw same from the condemnation proceeding.
Section 8. That upon
the effective date of this ordinance, the City Clerks Office is hereby
directed to cause this ordinance to be recorded in the office of the Recorder
of Deeds for Jackson County, Missouri.
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Approved
as to form and legality:
_____________________________
Charlotte Ferns
Assistant City Attorney