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Legislation #: 950719 Introduction Date: 5/25/1995
Type: Ordinance Effective Date: 6/18/1995
Sponsor: None
Title: Condemning and taking permanent sewer rights-of-way and temporary construction easements on private properties for the construction and maintenance of a joint district sanitary sewer to serve Sewer District Nos. 22039 and 22044, and a joint district sanitary sewer to serve Sewer District Nos. 22040 and 22043, and district sanitary sewers to serve Sewer District Nos. 22041 and 22044, all in Sewer Division No. 22, in Kansas City, Clay County, Missouri; providing for payment of just compensation therefor; establishing benefit districts composed of all lands in said sewer districts; and providing for assessment of costs for condemnation of all easements acquired in connection with the project against said benefit districts.

Legislation History
DateMinutesDescription
5/25/1995

Prepare to Introduce

5/25/1995

Referred Operations And Aviation

5/31/1995

Do Pass

6/1/1995

Add to Consent Docket

6/8/1995

Passed


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ORDINANCE NO. 950719

 

Condemning and taking permanent sewer rights-of-way and temporary construction easements on private properties for the construction and maintenance of a joint district sanitary sewer to serve Sewer District Nos. 22039 and 22044, and a joint district sanitary sewer to serve Sewer District Nos. 22040 and 22043, and district sanitary sewers to serve Sewer District Nos. 22041 and 22044, all in Sewer Division No. 22, in Kansas City, Clay County, Missouri; providing for payment of just compensation therefor; establishing benefit districts composed of all lands in said sewer districts; and providing for assessment of costs for condemnation of all easements acquired in connection with the project against said benefit districts.

 

WHEREAS, the Council finds that permanent sewer easements and temporary construction easements must be condemned for the purpose of locating, constructing and maintaining a joint district sanitary sewer to serve Sewer District Nos. 22039 and 22044, and a joint district sanitary sewer to serve Sewer District Nos. 22040 and 22043, and district sanitary sewers to serve Sewer District Nos. 22041 and 22044, all in Sewer Division No. 22 in Kansas City, Clay County, Missouri; NOW, THEREFORE.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Condemnation of Permanent and Temporary Easements: That permanent and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of a sanitary sewer, in and upon the private lands hereinafter described, for the sewer district or joint sewer district indicated.

 

The permanent sewer easements shall be used by Kansas City as the permanent location of the sewerage improvement to be constructed therein; 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 sewers 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 of trees and shrubbery, removal and replacement of storage sheds, fencing, sidewalks and driveways, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force.

 

Kansas City 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 Kansas City or its agents entered upon it, and said temporary easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works.

 

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 permanent and temporary easements hereby condemned and taken for Joint District Sewer Nos. 22039 and 22044 are described as follows:

 

TRACT NO. 36 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

The South seven and one-half (7.5) feet of Lot 67, Gragg Acres, a subdivision in Kansas City, Clay County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The South twenty (20) feet of Lot 67, Gragg Acres, a subdivision in Kansas City, Clay County, Missouri, except the South seven and one-half (7.5) feet of said lot, in the above described permanent easement.

 

TRACT NO. 40 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

A tract of land in the Southwest 1/4 of Section 7, Township 51, Range 32 West, Kansas City, Clay County, Missouri, described as follows:

 

Beginning at the intersection of the East right-of-way line of North Walrond Avenue and the South line of Gragg Acres, a subdivision in Kansas City, Clay County, Missouri; thence South along said right-of-way line a distance of 7.50 feet to the True Point of Beginning; thence East and parallel to the South line of Gragg Acres a distance of 270.60 feet; thence South 7649' East a distance of 91.63 feet to the West right-of-way line of Missouri Route J-1; thence Northeasterly along said right-of-way line a distance of 38.32 feet to the intersection of the West right-of-way line of Missouri Route J-1 and the South line of Gragg Acres; thence West along said South line, a distance of 388.29 feet to the intersection of said South line and the East right-of-way line of North Walrond Avenue; thence South along said right-of-way, a distance of 7.50 feet to the True Point of Beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

A tract of land in the Southwest 1/4 of Section 7, Township 51, Range 32 West, Kansas City, Clay County, Missouri, described as follows:

 

Beginning at the intersection of the East right-of-way line of North Walrond Avenue and the South line of Gragg Acres, a subdivision in Kansas City, Clay County, Missouri; thence South along said right-of-way line a distance of 7.50 feet to the True Point of Beginning; thence South along said right-of-way line a distance of 12.50 feet; thence East and parallel to the South line of Gragg Acres a distance of 269.12 feet; thence South 7649' East a distance of 82.21 feet to the West right-of-way line of Missouri Route J-1; thence Northeasterly along said right-of-way line a distance of 15.03 feet; thence North 7649' West, a distance of 91.63 feet; thence West and parallel to the South line of Gragg Acres, a distance of 270.60 feet to the True Point of Beginning.

 

The permanent and temporary easements hereby condemned and taken for Joint District Sewer Nos. 22040 and 22043 are described as follows:

 

TRACT NO. 26 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

The South 16.74 feet of Lots 92 and 93, Gragg Acres, Lots 89 through 153, a subdivision in Kansas City, Clay County, Missouri.

 

Excluding that part of Lot 93 in Missouri Route J-1 and except that part lying within an existing 5.0 foot utility easement.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The West 40.07 feet of the South 39.24 feet of Lot 92, Gragg Acres, Lots 89 through 153, a subdivision in Kansas City, Clay County, Missouri, except the West 40.07 feet of the South 16.74 feet of said lot, in the above described permanent easement.

 

TRACT NO. 28 - TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The North 20.76 feet of Lot 20, Gragg Acres, a subdivision in Kansas City, Clay County, Missouri.

 

The permanent and temporary easements hereby condemned and taken for Sewer District No. 22041 are described as follows:

 

TRACT NO. 3 - TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The South five (5) feet and the West twelve and one-half (12.5) feet of the North eighty (80) feet of Lot 15, Claytona, a subdivision in Kansas City, Clay County, Missouri. Except that part lying within an existing 5.0 foot utility easement.

 

TRACT NO. 4 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

The East fifteen (15) feet of Lot 12, Claytona, a subdivision in Kansas City, Clay County, Missouri. Except that part lying within an existing 5.0 foot utility easement.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The East twenty-seven and one-half (27.5) feet of Lot 12, Claytona, a subdivision in Kansas City, Clay County, Missouri, except the East fifteen (15) feet of said lot in the above described permanent easement, also except that part lying within an existing 5.0 foot utility easement.

 

TRACT NO. 5 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

Seven and one-half (7.5) feet each side of a course in Lot 11, Claytona, a subdivision in Kansas City, Clay County, Missouri, described as follows: Beginning at a point on the East line of said lot, said point being 22.09 feet South of the Northeast corner of said lot; thence westerly to a point on the right-of-way line of Missouri Route 152 and Route J-1 Interchange, said point being 19.49 feet South of the North line of said lot along said right-of-way. Except that part lying within an existing 5.0 foot utility easement.

 

Also the North 15.58 feet of the East 15.00 feet of said lot, less that taken in the above described course. Except that part lying within an existing 5.0 foot utility easement.

 

The outside boundary lines of the described easement shall be lengthened or shortened as needed to terminate at owner's lot lines.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All of Lot 11, Claytona, a subdivision in Kansas City, Clay County, Missouri. Except that part lying within an existing 5.0 foot utility easement, also except seven and one-half (7.5) feet each side of a course in said Lot 11, described as follows: Beginning at a point on the East line of said lot, said point being 22.09 feet South of the Northeast corner of said lot; thence westerly to a point on the East right-of-way line of Missouri Route 152 and Route J-1 Interchange, said point being 19.49 feet South of the North line of said lot along said right-of-way. Less also the North 15.58 feet of the East 15.00 feet of said lot. The outside boundary lines of the described easement shall be lengthened or shortened as needed to terminate at owner's lot lines, in the above described permanent easement.

 

TRACT NO. 9 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

Seven and one-half (7.5) feet East, Southeasterly and Northwesterly of a course in Lot 44, Claytona, a subdivision in Kansas City, Clay County, Missouri, described as follows: Beginning at the Southeast corner of said lot; thence North to a point on the West line of said lot, said point being 124.74 feet North of the Southwest corner of said lot; thence Northeasterly to a point on the North line of said lot, said point being 56.11 feet East of the Northwest corner of said lot. Except that part lying within an existing 5.0 foot utility easement. The outside boundary lines of the described easement shall be lengthened or shortened as needed to terminate at owner's lot lines.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

Twenty (20) feet East, Southeasterly and Northwesterly of a course in Lots 43 and 44, Claytona, a subdivision in Kansas City, Clay County, Missouri, described as follows: Beginning at the Southwest corner of Lot 44; thence North to a point on the West line of said lot, said point being 124.74 feet North of the Southwest corner of said lot; thence Northeasterly to a point on the North line of said lot, said point being 56.11 feet East of the Northwest corner of said lot. Except that part lying within an existing 5.0 foot utility easement, also except seven and one-half (7.5) feet East, Southeasterly and Northwesterly of said course, in the above described permanent easement; the outside boundary lines of the described easement shall be lengthened or shortened as needed to terminate at owner's lot lines.

 

TRACT NO. 14 - TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The North twenty (20) feet of Lot 23, Claytona, a subdivision in Kansas City, Clay County, Missouri. Except that part lying within an existing 9.0 foot utility easement.

 

TRACT NO. 53 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

The East seven and one-half (7.5) feet of the South 12.5 feet of Lot 53, Claytona, a subdivision in Kansas City, Clay County, Missouri. Except that part lying within an existing 5.0 foot utility easement.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The East twenty (20) feet of the South 25.0 feet of Lot 53, Claytona, a subdivision in Kansas City, Clay County, Missouri, except the East seven and one-half (7.5) feet of the South 12.5 feet of said lot, in the above described permanent easement; also except that part lying within an existing 5.0 foot utility easement.

 

TRACT NO. 67 - TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

The West twelve and one-half (12.5) feet of Lot 14, Claytona, a subdivision in Kansas City, Clay County, Missouri. Except that part lying within an existing 5.0 foot utility easement.

 

The permanent and temporary easements hereby condemned and taken for Sewer District No. 22044 are described as follows:

 

TRACT NO. 46 - PERMANENT SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A permanent sewer easement over, under, upon and across the following described land:

 

All of Lot 8 South of and seven and one-half (7.5) feet North of a course in Lot 8, Glenmore, a subdivision in Kansas City, Clay County, Missouri, described as follows: Beginning at a point on the East line of said lot, said point being 8.39 feet North of the Southeast corner of said lot; thence Northwesterly to a point on the West line of said lot, said point being 11.60 feet North of the Southwest corner of said lot.

 

Except that part lying within an existing 5.0 foot utility easement. The outside boundary lines of the described easement shall be lengthened or shortened as needed to terminate at owner's lot lines.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

Twenty (20) feet North of a course in Lot 8, Glenmore, a subdivision in Kansas City, Clay County, Missouri, described as follows: Beginning at a point on the East line of said lot, said point being 8.39 feet North of the Southeast corner of said lot; thence Northwesterly to a point on the West line of said lot, said point being 11.60 feet North of the Southwest corner of said lot, except all of Lot 8 South of and seven and one-half (7.5) feet North of the above described course, in the above described permanent easement. The outside boundary lines of the described easement shall be lengthened or shortened as needed to terminate at owner's lot lines.

 

Section 2. Just Compensation. That just compensation for the easements to be condemned and taken as aforesaid shall be assessed and paid in the manner provided in Article VI of the Charter of Kansas City, and proceedings therefor shall be instituted and prosecuted in the Circuit Court of Missouri, Seventh Judicial Circuit, (Clay County, Missouri) in the manner authorized by Article VI of the Charter, to the exclusion of the provisions of Rule 86 of the Missouri Rules of Civil Procedure and Chapter 523 of the Revised Statutes of Missouri, said rule and chapter being expressly rejected by Kansas City in this proceeding.

 

Section 3. That the compensation assessed for the easements taken by condemnation and the compensation paid for all easements acquired by negotiation and purchase for the subject project shall be paid for by the assessment of benefits upon the real estate within the applicable benefit district, all as provided in Kansas City Charter Section 151. Such assessments shall be payable in one single installment.

 

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 and to include the cost of such acquisition in the costs to be assessed against benefitted properties pursuant to Section 3 hereof.

 

Section 5. Benefit District. That the Council hereby establishes a benefit districts as follows:

 

A. The benefit district within which private property may be benefitted by the location of the proposed joint district sewerage improvements for Joint District Nos. 22039 and 22044 and by reason of the availability of easements acquired by condemnation for the location of such sewerage improvements for Joint District Nos. 22039 and 22044 and within which private property may be assessed and charged to pay the compensation therefor in accordance with Sections 151 and 152 of the Charter of Kansas City is composed of all lands in Sewer District Nos. 22039 and 22044 which were established by Ordinance No. 920328, passed April 16, 1992.

 

B. The benefit district within which private property may be benefitted by the location of the proposed joint district sewerage improvements for Joint District Nos. 22040 and 22043 and by reason of the availability of easements acquired by condemnation for the location of such sewerage improvements for Joint District Nos. 22040 and 22043 and within which private property may be assessed and charged to pay the compensation therefor in accordance with Sections 151 and 152 of the Charter of Kansas City is composed of all lands in Sewer District Nos. 22040 and 22043 which were established by Ordinance No. 920328, passed April 16, 1992.

 

C. The benefit district within which private property may be benefitted by the location of the proposed sewerage improvements for District No. 22041 and by reason of the availability of easements acquired by condemnation for the location of such sewerage improvements for District No. 22041 and within which private property may be assessed and charged to pay the compensation therefor in accordance with Sections 151 and 152 of the Charter of Kansas City is composed of all lands in Sewer District No. 22041 which was established by Ordinance No. 920328, passed April 16, 1992.

 

D. The benefit district within which private property may be benefitted by the location of the proposed sewerage improvements for District No. 22044 and by reason of the availability of easements acquired by condemnation for the location of such sewerage improvements for District No. 22044 and within which private property may be assessed and charged to pay the compensation therefor in accordance with Sections 151 and 152 of the Charter of Kansas City is composed of all lands in Sewer District No. 22044 which was established by Ordinance No. 920328, passed April 16, 1992.

 

The said Ordinance No. 920328 is incorporated herein by reference as though fully set out herein.

 

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

 

Approved:

 

 

 

______________________________ ______________________________________ Charles E. Owsley, P.E. George E. Wolf, Jr., P.E. City Engineer Director of Public Works

 

 

Date:________________________

 

 

 

Approved as to form and legality:

 

 

 

_____________________________________

Assistant City Attorney