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Legislation #: 081144 Introduction Date: 11/6/2008
Type: Ordinance Effective Date: 12/14/2008
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
11/6/2008 Filed by the Clerk's office
11/6/2008 Referred to Transportation and Infrastructure Committee
11/20/2008 Do Pass
11/20/2008 Assigned to Third Read Calendar
12/4/2008 Passed

View Attachments
FileTypeSizeDescription
081144.pdf Exhibit 273K recorded
081144.pdf Authenticated 110K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081144 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081144
fact sheet.XLS Advertise Notice 62K fact sheet
Exhibit A Legal Descriptions.doc Legal Description 29K Exhibit A Legal Descriptions

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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.

 

___________________________________________

 

Approved as to form and legality:

 

 

_____________________________

Charlotte Ferns

Assistant City Attorney