ORDINANCE
NO. 150558
Authorizing condemnation and
taking of private property interest for public use as Permanent Waterline
Easements and Temporary Construction Easements along N.E. 54th Street, from N.
Oak Trafficway to N. Walnut Street and along N.W. Englewood Court east of N.
Broadway Avenue for a water improvement project “Arrowhead Transmission
Main-Phase 3”, Project No. 80001652, in Kansas City, Clay County, Missouri and
the City of Gladstone, Clay County, Missouri; providing for the payment of just
compensation therefore; authorizing continued negotiations and purchase by the
Department of Water Services; authorizing the filing of the petition for
condemnation by the City Attorney on behalf of the City; and directing the City
Clerk to record this ordinance in the office of the Recorder of Deeds for Clay
County, Missouri.
WHEREAS, the Council finds that certain interests in
private property must be condemned for public use for the construction of water
improvement project “Arrowhead Transmission Main-Phase 3”, Project No.
80001652, in Kansas City, Clay County, Missouri and the City of Gladstone, Clay
County, Missouri; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the following
described tracts of land are hereby authorized condemned and taken for public
use as Waterline Easements and Temporary Construction Easements in a proceeding
instituted in Clay County, Missouri, by the City Attorney for Project No.
80001652, “Arrowhead Transmission Main-Phase 3”, including any necessary
structures or appurtenances, in Kansas City, Clay County, Missouri, and in the
City of Gladstone, Clay County, Missouri and hereby described as follows:
Waterline Easements
The Waterline Easements shall be used by the City of Kansas
City, Missouri or its
authorized agents, servants, employees or independent contractors for the location, construction, reconstruction,
maintenance, operation and repair of water main improvements and any and all
appurtenances incidental thereto for Project No. 80001652, “Arrowhead
Transmission Main-Phase 3”, in, under,
upon, over, across, and through the following described tracts of land situated
in Kansas City, Clay County, Missouri.
By the granting of these Waterline Easements, it shall not
be construed to prohibit the Grantors from developing any adjoining property,
or from the laying out, establishing and constructing pavement, surfacing of
roadways, curbing and gutters along, upon, over or across said easement or any
portion thereof; provided, however, said easement shall be kept free from
additional depth of overburden, (no change in the earth cover over the water
line will be made without the written approval of the Director of Water
Services) buildings, and any other structure or obstruction (except sidewalks,
roadways pavement, grass, shrubs, fences, or curbs), which will interfere with
the Grantee in entering upon said adjacent land and easement for the purpose of
laying, constructing, reconstructing, operating, repairing, improving, and maintaining
said water main improvements and appurtenances.
The Grantee shall cause the surface
of lands lying within the permanent waterline easements to be restored to
substantially the same physical condition that existed at the time the Grantee
or its agents entered upon it, subject to the aforementioned conditions, and
with the exception of any appurtenances to said water main improvements and
appurtenances that may need to be upon said surface.
Tract No. 4 – Permanent Waterline
Easement
A strip of land over a part of TRACT 6, Creekwood Oaks, a
subdivision of land in the City of Kansas City, Clay County, Missouri,
according to the recorded plat thereof, said strip being more particularly
described as follows:
BEGINNING at the Southwest corner of said Tract 6, said
point also being on the North right of way line of N.E. 54th Street, as now
established; thence North 30 degrees 51 minutes 39 seconds East (measure),
North 30 degrees 51 minutes 36 seconds East (plat), departing said North right
of way line and along the West line of said Tract 6, a distance of 18.60 feet;
thence Southeasterly along a curve to the right having an initial tangent
bearing of South 59 degrees 41 minutes 07 seconds East, a radius of 318.00, a
central angle of 09 degrees 27 minutes 59 seconds and an arc length of 52.54
feet; thence South 50 degrees 13 minutes 06 seconds East, a distance of 225.47
feet; thence South 89 degrees 31 minutes 21 seconds East, a distance of 147.64
feet, to a point on the West right of way line of N. Oak Trafficway, as now
established; thence South 00 degrees 31 minutes 49 seconds West (measure),
South 00 degrees 31 minutes 46 seconds West (plat), along said right of way
line, a distance of 13.07 feet; thence Southwesterly along said right of way
line and along a curve to the right having a radius of 15.00 feet, a central
angle of 89 degrees 59 minutes 33 seconds and an arc length of 23.56 feet, to a
point on the North right of way line of said N.E. 54th Street; thence North 89
degrees 27 minutes 46 seconds West (measure), North 89 degrees 27 minutes 49
seconds (plat), along said right of way line, a distance of 81.82 feet; thence
Northwesterly continuing along said right of way line and along a curve to the
right having a radius of 127.37 feet, a central angle of 39 degrees 00 minutes
03 seconds and an arc length of 86.70 feet; thence North 50 degrees 27 minutes
46 seconds West (measure), North 50 degrees 27 minutes 49 seconds West (plat),
a distance of 206.63 feet; thence Northwesterly along said right of way line
and along a curve to the left having a radius of 300.00 feet, a central angle
of 08 degrees 40 minutes 35 seconds and an arc length of 45.43 feet, to the
point of beginning, containing 9,132.2 square feet, more or less.
Tract No. 7 – Permanent Waterline
Easement
A strip of land over a part of Lot 14, Creekwood Oaks, 2nd
Plat, a subdivision of land in the City of Kansas City, Clay County, Missouri,
according to the recorded plat thereof, said strip of land being the South
30.00 feet of said Lot 14, containing 4,200.0 square feet, more or less.
Tract No. 8 – Permanent
Waterline Easement
A strip of land over a part of Lot 11, Creekwood Oaks, 2nd
Plat, a subdivision of land in the City of Kansas City, Clay County, Missouri,
according to the recorded plat thereof, said strip being the South 30.00 feet
of said Lot 11, containing 4,537.2 square feet, more or less.
Tract No. 15 – Permanent
Waterline Easement
A strip of land over a part of the Southwest Quarter of
Section 26, Township 51, Range 33, in the City of Gladstone, Clay County,
Missouri, more particularly described as follows:
BEGINNING at the southeast corner of Mazuma Credit Union, a
subdivision of land in the City of Gladstone, Clay County, Missouri, according
to the recorded plat thereof, said point also being on the North right of way
line of Northwest Englewood Court, as now established; thence North 00 degrees
41 minutes 02 seconds East, departing said North right of way line, and along
the East line of said Mazuma Credit Union, a distance of 25.00 feet; thence
South 89 degrees 28 minutes 32 seconds East, a distance of 290.17 feet, to a
point on the West line of Lot 1, Englewood Business Park, a subdivision of land
in the City of Gladstone, Clay County, Missouri, according to the recorded plat
thereof; thence South 00 degrees 41 minutes 17 seconds West, along said West
line, a distance of 25.00 feet, to the Southwest corner of Lot 1 of said
Englewood Business Park, said point also being on the North right of way line
of said Northwest Englewood Court; thence North 89 degrees 28 minutes 32
seconds West, along said right of way line, a distance of 290.17 feet, to the
point of beginning, containing 7,254.2 square feet, more or less.
Temporary Construction Easements
The Temporary Construction Easements shall be used by the
City of Kansas City, Missouri or
its authorized agents, servants, employees or independent contractors during
the construction of project number 80001652, “Arrowhead Transmission Main
Phase-3”, for grading and sloping,
removal of trees and shrubbery, removal and replacement of fencing, sidewalks
and driveways, utility construction work, the storage of materials, the
operation of equipment, and the movement of a working force.
The City of Kansas City, Missouri shall cause the surface
of lands lying within said Temporary Construction Easements to be restored to
substantially the same physical condition that existed at the time Kansas City
or its agents entered upon them, and said temporary construction easements shall
terminate 3 (three) years from the
date said easement is acquired and recorded by the Recorder of Deeds in Clay
County, or upon completion and acceptance of the improvements by the Director
of Water Services, whichever occurs first.
Tract No. 7 - Temporary Construction Easement
A strip of land over a part of Lot 14, Creekwood Oaks, 2nd
Plat, a subdivision of land in the City of Kansas City, Clay County, Missouri,
according to the recorded plat thereof, said strip of land being the North
30.00 feet of the South 60.00 feet of said Lot 14, containing 4,200.0 square
feet, more or less.
Tract No. 8 - Temporary Construction Easement
A strip of land over a part of Lot 11, Creekwood Oaks, 2nd
Plat, a subdivision of land in the City of Kansas City, Clay County, Missouri,
according to the recorded plat thereof, said strip being the North 30.00 feet
of the South 60.00 feet of said Lot 11, containing 4,329.5 square feet, more or
less.
Tract No. 15 - Temporary Construction Easement
A strip of land over a part of the Southwest Quarter of
Section 26, Township 51, Range 33, in the City of Gladstone, Clay County,
Missouri, more particularly described as follows:
COMMENCING at the southeast corner of Mazuma Credit Union,
a subdivision of land in the City of Gladstone, Clay County, Missouri,
according to the recorded plat thereof, said point also being on the North
right of way line of Northwest Englewood Court, as now established; thence
North 00 degrees 41 minutes 02 seconds East, departing said North right of way
line, and along the East line of said Mazuma Credit Union, a distance of 25.00
feet, to the point of beginning; thence North 00 degrees 41 minutes 02 seconds
East, continuing along the East line of said Mazuma Credit Union, a distance of
25.00 feet; thence South 89 degrees 28 minutes 32 seconds East, a distance of
290.17 feet, to a point on the West line of Lot 1, Englewood Business Park, a
subdivision of land in the City of Gladstone, Clay County, Missouri, according
to the recorded plat thereof; thence South 00 degrees 41 minutes 17 seconds
West, along said West line, a distance of 25.00 feet; thence North 89 degrees
28 minutes 32 seconds West, a distance of 290.17 feet, to the point of
beginning, containing 7,254.2 square feet, more or less.
Section 2. That Kansas City shall
cause the surface of lands lying within said Temporary Construction Easements
to be restored to substantially the same physical condition that existed at the
time Kansas City or its agents entered upon them, and said Temporary
Construction Easements shall terminate upon completion and acceptance of the
improvements by the Director of Water Services, or three (3) years, whichever
is the first to occur.
Section 3. Said improvements shall be of the nature
described and specified in, and shall be done in accordance with, the plans and
specifications certified under the supervision of the Director of Water
Services, the same being on file in the Department of Water Services Systems
Engineering Division, and being incorporated herein by reference.
Section 4. That just compensation for the property taken
shall be assessed and paid according to law; and the proceedings to determine
compensation shall be prosecuted in one or more suits in the Circuit Court of
Clay County, Missouri, pursuant to the provisions of Chapter 523 of the Revised
Statutes of Missouri, as supplemented or amended by Section 86.01 to 86.10 of
the Rules of Civil Procedure. Payment of compensation shall be made by Kansas
City from funds appropriated for such purposes.
Section 5. That pending the acquisition of said property by
condemnation, the Director of Water Services is hereby authorized
to continue negotiation on the purchase of said property and pay for it out of
funds appropriated or to be appropriated as aforesaid, and if any tracts be so
acquired by negotiation and purchase, the City Attorney is authorized to
withdraw same from condemnation proceedings.
Section 6. That said property interests described in
Section 1 be condemned and conveyed to the City of Kansas City, Missouri.
Section 7. That upon the effective date of this ordinance
the City Clerk is hereby directed to record this ordinance in the office of the
Recorder of Deeds for Clay County, Missouri.
_____________________________________________
Approved as to form and
legality:
_______________________________
Austin Steelman
Assistant City Attorney