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Legislation #: 050830 Introduction Date: 7/7/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property for public purpose for sewer easements, and temporary easements for sanitary sewer construction located in the vicinity of 59th and Norfleet Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City.

Legislation History
DateMinutesDescription
7/6/2005 Filed by the Clerk's office
7/7/2005 Referred to Operations Committee
7/13/2005 Advance and Do Pass, Debate
7/14/2005 Passed

View Attachments
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050830.pdf Authenticated 163K Authenticated
Factsheet 3668(condemn).xls Vacation Petition Form 30K Fact sheet

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ORDINANCE NO. 050830

 

Condemning and taking private property for public purpose for sewer easements, and temporary easements for sanitary sewer construction located in the vicinity of 59th and Norfleet Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City.

WHEREAS, the Council finds that permanent sewer easements must be condemned for the purpose of locating, constructing and maintaining sanitary sewers located in the vicinity of 59th and Norfleet Avenue, in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Standard Sewer Easements, and Temporary Easements: That standard sewer, 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 private lands hereinafter described, for construction of sanitary sewers located in the vicinity of 59th and Norfleet Avenue, in Kansas City, Jackson County, Missouri, and as shown in file number 2004-155A, which is on file in the office of the Director of Public Works

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 Public Works File No. 2004-155, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

The standard sewer easement 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.

The temporary easements shall be used by Kansas City or its authorized agents, servants, employees or contractors 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.

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 standard sewer easements and temporary easements hereby condemned and are described as follows:

TRACT NO. 1 Standard Sewer Easement

The east 7 feet of the south 10 feet of the north 54.62 feet of the following tract of land described as being in the Southwest quarter of the Southeast quarter of Section 34, Township 49, Range 32; thence west 143.5 feet of the south 180 feet of the west 5 acres of the east 9 acres of the south 20 acres of the southwest quarter of the southeast quarter (except the part in the street).

TRACT NO. 1 Temporary Easement

The east 10 feet of the following tract of land described as being in Section 34, Township 49, Range 32, southwest quarter of the southeast quarter, 143.5 feet of the south 180 feet of the west 5 acres of the east 9 acres of the south 20 acres of the southwest quarter of the southeast quarter (except the part in the street), except that portion of land lying within the permanent easement.

TRACT NO. 6 Standard Sewer Easement

The south 15 feet of the north 19.7 feet of Lot 4, Karr Acres, a subdivision in Kansas City, Jackson County, Missouri.

TRACT NO. 6 Temporary Easement

The north 37.2 feet of Lot 4, Karr Acres, a subdivision in Kansas City, Jackson County, Missouri except that portion of land lying within the standard sewer easement.


TRACT NO. 7 Standard Sewer Easement

The north 14.7 feet of Lots 1 and 2, Norfleet Orchard, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 7 Temporary Easement

 

The south 17.5 feet of the north 32.2 feet of Lots 1 and 2, Norfleet Orchard, a subdivision in Kansas City, Jackson County, Missouri.

TRACT NO. 8 Standard Sewer Easement

The north 14.7 feet of Lot 2, Norfleet Orchard, a subdivision in Kansas City, Jackson County Missouri.

TRACT NO. 8 Temporary Easement

The south 17.5 feet of the north 32.2 feet of Lot 2, Norfleet Orchard, a subdivision in Kansas City, Jackson County, Missouri.

TRACT NO. 11 Standard Sewer Easement

The north 14.7 feet and the east 14.5 feet of Lot 5, Norfleet Orchard, a subdivision in Kansas City, Jackson County, Missouri.

TRACT NO. 11 Temporary Easement

The south 17.5 feet of the north 32.2 feet and the west 17.5 feet of the east 32.0 feet of Lot 5, Norfleet Orchard, excluding the portion occupied by the house.

Section 3. Compensation. That just compensation for the easements, and lands 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 of the Missouri Rules of Civil Procedure.

Section 4. 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 5. 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, Jackson County, Missouri.

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

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Approved as to form and legality:

 

 

 

________________________________

Theodore T. Anderson

Assistant City Attorney