ORDINANCE NO. 900605

Condemning and taking private property for public use for permanent water main easements and temporary construction easements in Raytown, Jackson County, Missouri in connection with Water and Pollution Control Department Project, 75th Street Transmission Main; and providing for the payment of just compensation therefor.

..P

WHEREAS, the City Council finds and declares that it is necessary to condemn and take the private property hereinafter described for public use for the provision of water and specifically for the construction of the 75th Street Transmission Main; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Water Main Easements - Permanent and Temporary: That permanent water main easements and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of water mains and appurtenances in, under, over and upon the lands hereinafter described in connection with the Water and Pollution Control Project known as 75th Street Transmission Main.

The permanent water main easements shall be used by Kansas City as the permanent location of the water mains 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 such water mains, or of making connections thereto.

The temporary construction easements shall be used by Kansas City or its authorized agents for the temporary storage of materials, the operation of equipment and the movement of a working force, without the removal of or damage to any buildings that may be located within such temporary construction easements. Such temporary construction easements shall be in effect for the period of two (2) years from start of construction; and after termination thereof, Kansas City shall cause the surface of the land within such temporary construction easements to be restored to substantially the same physical condition that existed at the time Kansas City or its agents or other authorized persons entered upon it. Kansas City shall restore all fences which may be disturbed during the course of construction with like material.

Said easements will be kept free from buildings and any other structure or obstruction (except sidewalks, roadway, pavement, grass, shrubs, fences, or curbs) which will interfere with Kansas City in its exercise of the rights herein acquired. There shall be reserved to the owners of the land in which such permanent and temporary easements are taken and condemned, the right to use the land in any way which shall not interfere with the proper, safe and continuous use and maintenance of the water facilities to be constructed in and upon the rights of way.

The permanent water main easements and temporary construction easements hereby condemned and taken for public use for the 75th Street Transmission Main are more particularly described as the following tracts of land, located in Raytown, Jackson County, Missouri.

TRACT 23 - PERMANENT WATER MAIN EASEMENT (Levi T. Bowser's undivided 50% interest)

All of the South 25.0 feet of Lot 24, Block 10, Gregory Heights Third Plat, a subdivision of land in the Southwest Quarter (SW 1/4) of Section 8, Township 48, Range 32, in Raytown, Jackson County, Missouri.

TEMPORARY CONSTRUCTION EASEMENT (Levi T. Bowser's undivided 50% interest)

All of the North 25.0 feet of the South 50.0 feet of Lot 24, Block 10, Gregory Heights Third Plat, a subdivision of land in the Southwest Quarter (SW 1/4) of Section 8, Township 48, Range 32, in Raytown, Jackson County, Missouri.

TRACT 28 - PERMANENT WATER MAIN EASEMENT

A tract of land 25.0 feet wide in the Southwest Quarter (SW 1/4) of Section 8, Township 48, Range 32, in Raytown, Jackson County, Missouri, and lying north of and adjoining the following described baseline: Beginning at the Southeast corner of said Quarter (1/4) Section; thence West along the South line of said Quarter (1/4) Section to the East line of Gregory Heights 3rd Plat, a subdivision of land, and the point of termination of the baseline herein described.

TEMPORARY CONSTRUCTION EASEMENT

A tract of land in the Southwest Quarter (SW 1/4) of Section 8, Township 48, Range 32, in Raytown, Jackson County, Missouri, described as follows: Beginning at the Southeast corner of said Southwest Quarter (SW 1/4); thence North along the East line of said Quarter (1/4) Section, 25.0 feet to the true point of beginning of the tract of land to herein be described; thence West parallel with the south line of said Quarter (1/4) Section to the East line of Gregory Heights 3rd Plat, a subdivision of land in said Quarter (1/4) Section; thence North along said East line 25.0 feet; thence East parallel with the South line of said Quarter (1/4) Section 360.0 feet; thence North 63 57'09" East 396.66 feet to the East line of said Quarter Section; thence South along said East line 220.0 feet to the point of beginning.

Section 2. Just Compensation: Just compensation for the easements to be taken and damages, if any, to the adjacent lands not taken, shall be assessed and paid either in the manner provided by the Charter or in the manner provided by Rule 86 of the Missouri Rules of Civil Procedure or Chapter 523 of the Revised Statutes of Missouri.

Section 3. Acquisition Pending Litigation: Pending the acquisition of said easements by condemnation proceedings, the Director of the Water and Pollution Control Department is hereby authorized and directed to negotiate for the purchase or acquisition of said easements out of funds available or to be made available for such purpose. If said easements or any part thereof as described heretofore be so acquired, the City Counselor is authorized to withdraw said lands from the condemnation proceedings.

_______________________________________________________

Approved as to form and legality:

___________________________________

Assistant City Attorney