ORDINANCE NO. 060294
Condemning and taking permanent
and temporary easements on private properties for the construction and
maintenance of sanitary sewers in Sewer District 16005, Division 16, the area
of NE 32nd Street and N. Garfield, in Kansas City, Clay 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; and
authorizing the City Clerk to file this ordinance with the Recorder of Deeds in
Clay County, Missouri.
WHEREAS, the
Council finds that permanent sewer easements must be condemned for the purpose
of locating, constructing and maintaining district sanitary sewers to serve Sewer
District 16005, Division 16, in Kansas City, Clay County, Missouri; NOW, THEREFORE
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1.
Condemnation of Standard Sewer Easements: That standard sewer easements, and
temporary construction 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 Sewers to serve the Sewer District 16005, Division 16, in Kansas City, Clay
County, Missouri, and as shown on the plans which are on file in the office of
the Director of Water Services.
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 Director
of Water Services and identified as plan file number 1174.18, Sewer District
16005, Division 16, the same being on file in the Office of the Director of
Water Services and being incorporated herein by reference.
The standard
sewer easements 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.
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
Water Services.
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 construction easements are hereby condemned and
described as follows:
TRACT NO. 7 Standard Sewer
Easement
A parcel of land
situated in a portion of Lot 7, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the Southwest
corner of said Lot 7, said point being on the East right-of-way line of State
Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence North 872330 East 19.97 feet, along the South line
of said Lot 7, to the true point of beginning; Thence North 104623 West 68.61 feet; Thence North 035027 West 16.27 feet to a point on the
North line of said Lot 7;Thence South 893108
East 15.04 feet along said North line; Thence South 035027 East 14.23 feet; Thence South 104623 East 69.85 feet to a point on said South line; Thence
South 872330 West 15.15 feet, along
said South line, to the true point of beginning of the parcel herein
described, containing 1,267 square feet or 0.0291 acres, more or less, except
that part lying in existing utility easements.
TRACT NO. 7 Temporary Easement
A parcel of land
situated in a portion of Lot 7, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Southwest corner of said Lot 7, said point being on the East right-of-way line
of State Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 2.29 feet, along
the South line of said Lot 7, to the true point of beginning; Thence North 104623 West 23.28 feet to a point on said
East right-of-way line; Thence North 050759
West 61.93 feet, along said East right-of-way line, to the Northwest corner of
said Lot 7; Thence South 893108 East
13.64 feet along the North line of said Lot 7:Thence South 035027 East 16.27 feet; Thence South 104623 East 68.61 feet to a point on said
South line; Thence South 872330 West
17.68 feet, along said South line, to the true point of beginning of the
parcel herein described, containing 1,324 square feet or 0.0304 acres, more or
less.
AND
Commencing at the
Southwest corner of said Lot 7, said point being on the East right-of-way line
of State Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 35.12 feet, along
the South line of said Lot 7, to the true point of beginning; Thence North 104623 West 69.85 feet; Thence North 035027 West 14.23 feet to a point on the
North line of said Lot 7; Thence South 893108
East 21.56 feet along said North line; Thence South 050759 East 54.55 feet; Thence South 104623 East 27.99 feet to a point on said South line; Thence
South 872330 West 17.68 feet, along
said South line, to the true point of beginning of the parcel herein
described, containing 1,603 square feet or 0.0368 acres, more or less, except
that part lying in existing utility easements.
TRACT NO. 9 Standard Sewer
Easement
A parcel of land
situated in a portion of Lot 5, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Southwest corner of said Lot 5, said point being on the East right-of-way line
of State Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 18.68 feet, along
the South line of said Lot 5, to the true point of beginning; Thence North
013510 East 74.94 feet; Thence North 104623
West 0.26 feet to a point on the North line of said Lot 5; Thence North 872330 East 15.10 feet along said North
line; Thence South 013510 West 75.20 feet to a point on said South line;
Thence South 872330 West 15.04 feet,
along said South line, to the true point of beginning of the parcel herein
described, containing 1,128 square feet or 0.0259 acres, more or less, except
that part lying in existing utility easements.
TRACT NO. 9 Temporary Easement
A parcel of land
situated in a portion of Lot 5, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Southwest corner of said Lot 5, said point being on the East right-of-way line
of State Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 1.13 feet, along
the South line of said Lot 5, to the true point of beginning; Thence North
013510 East 74.33 feet; Thence North 104623
West 0.88 feet to a point on the North line of said Lot 5; Thence North 872330 East 17.68 feet along said North
line; Thence South 104623 East 0.26
feet; Thence South 013510 West 74.94 feet to a point on said South line;
Thence South 872330 West 17.55 feet,
along said South line, to the true point of beginning of the parcel herein
described, containing 1,316 square feet or 0.0302 acres, more or less.
AND
Commencing at the
Southwest corner of said Lot 5, said point being on the East right-of-way line
of State Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 33.72 feet, along
the South line of said Lot 5, to the true point of beginning; Thence North
013510 East 75.20 feet to a point on the North line of said Lot 5; Thence
North 872330 East 17.55 feet along
said North line: Thence South 013510 West 75.20 feet to a point on said
South line; Thence South 872330 West 17.55 feet, along said South line, to
the true point of beginning of the parcel herein described, containing 1,316
square feet or 0.0302 acres, more or less, except that part lying in existing
utility easements.
TRACT NO. 10
Standard Sewer Easement
A parcel of land
situated in a portion of Lot 4, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Southwest corner of said Lot 4, said point being on the East right-of-way line
of State Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 9.86 feet, along
the South line of said Lot 4, to the true point of beginning; Thence North
013510 East 75.20 feet to a point on the North line of said Lot 4; Thence
North 872330 East 15.04 feet along
said North line; Thence South 013510 West 75.20 feet to a point on said
South line; Thence South 872330 West
15.04 feet, along said South line, to the true point of beginning of the
parcel herein described, containing 1,128 square feet or 0.0259 acres, more or
less, except that part lying in existing utility easements.
TRACT NO. 10 Temporary Easement
A parcel of land
situated in a portion of Lot 4, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Beginning at the
Southwest corner of said Lot 4, said point being on the Easterly right-of-way
line of Missouri State Highway No. 1 (N.E. Prather Road), as now established;
Thence North 050759 West 65.48 feet
along said East right-of-way line; Thence North 013510 East 9.61 feet to a
point on the North line of said Lot 4; Thence North 872330 East 17.55 feet along said North line; Thence South
013510 West 75.20 feet to a point on the South line of said Lot 4; Thence
South 872330 West 9.86 feet, along
said South line, to the point of beginning of the parcel herein described,
containing 1,065 square feet or 0.0244 acres, more or less.
AND
Commencing at the
Southwest corner of said Lot 4, said point being on the East right-of-way line
of State Missouri Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 24.90 feet, along
the South line of said Lot 4, to the true point of beginning, Thence North
013510 East 75.20 feet to a point on the North line of said Lot 4; Thence
North 872330 East 17.55 feet along
said North line; Thence South 013510 West 10.34 feet; Thence South 050759
East 64.75 feet, along a line parallel with said East right-of-way line, to a
point on said South line, Thence South 872330 West 25.14 feet, along said
South line, to the true point of beginning of the parcel herein described,
containing 1,562 square feet or 0.0359 acres, more or less, except that part
lying in existing utility easements.
TRACT NO. 12 Standard Sewer
Easement
A parcel of land
situated in a portion of Lot 2, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Southwest corner of said Lot 2, said point being on the East right-of-way line
of Missouri State Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 10.01 feet, along the South line of said Lot 2, to a point
on the East line of an existing sewer easement 10.00 feet in width as recorded
in Book 1277 at Page 900; Thence North 050759 West 23.18 feet, along said
East line, to the true point of beginning; Thence North 050759 West 51.89
feet along said East line, to a point on the North line of said Lot 2; Thence
North 872330 East 6.09 feet along
said North line; Thence South 013510 West 51.98 feet to the true point of
beginning of the parcel herein described, containing 158, square feet or
0.0036 acres, more or less, except that part lying in existing utility
easements.
TRACT NO. 12 Temporary Easement
A parcel of land
situated in a portion of Lot 2, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Southwest corner of said Lot 2, said point being on the East right-of-way line
of Missouri State Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 10.01 feet, along the South line of said Lot 2, to a point
on the East line of an existing sewer easement 10.00 feet in width as recorded
in Book 1277 at Page 900, said point also being the true point of beginning;
Thence North 050759 West 23.18 feet along said East line; Thence North
013510 East 51.98 feet to a point on the North line of said Lot 2; Thence
North 872330 East 33.95 feet along
said North line; Thence South 050759 East 75.07 feet, along a line parallel
with said East right-of-way line, to a point on said South line; Thence South
872330 West 40.04 feet, along said South line, to the true point of
beginning of the parcel herein described, containing 2,845 square feet or
0.0653 acres, more or less, except that part lying in existing utility
easements.
TRACT NO. 13 Standard Sewer
Easement
A parcel of land
situated in a portion of Lot 1, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Northwest corner of said Lot 1, said point being on the East right-of-way line
of Missouri State Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 5.54 feet, along
the North line of said Lot 1, to a point on the Northeasterly line of an
existing sewer easement 10.00 feet in width as recorded in Book 580 at Page
348, said point also being the true point of beginning; Thence North
872330 East 1.75 feet along said North line; Thence South 013510 West
3.17 feet to a point on said Northeasterly line; Thence North 281207 West
3.51 feet, along said Northeasterly line, to the true point of beginning of
the parcel herein described, containing 3 square feet or 0.0001 acres, more or
less, except that part lying in existing utility easements.
TRACT NO. 13 Temporary Easement
A parcel of land
situated in a portion of Lot 1, Block 12, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, said parcel being more
particularly described as follows:
(Note: The bearing
system in the following description is based on Grid North, Missouri Coordinate
System of 1983).
Commencing at the
Northwest corner of said Lot 1, said point being on the East right-of-way line
of Missouri State Highway No. 1 (N.E. Prather Road), as now established; Thence
South 050759 East 12.76 feet, along
said East right-of-way line, to a point on the Southwesterly line of an
existing sewer easement 10.00 feet in width as recorded in Book 580 at Page
348, said point also being the true point of beginning; Thence South 281207
East 21.46 feet along said Southwesterly line; Thence South 845201 West 8.41
feet to a point on said East right-of-way line; Thence North 050759 West
19.74 feet, along said East right-of-way line, to the true point of beginning
of the parcel herein described, containing 83 square feet or 0.0019 acres, more
or less.
AND
Commencing at the
Northwest corner of said Lot 1, said point being on the East right-of-way line
of Missouri State Highway No. 1 (N.E. Prather Road), as now established; Thence
North 872330 East 7.29 feet, along
the North line of said Lot 1, to the true point of beginning; Thence North
872330 East 42.76 feet along said North line; Thence South 050759 East 30.30 feet; Thence South
845201 West 30.72 feet to a point on the Northeasterly line of an existing
sewer easement 10.00 feet in width as recorded in Book 580 at Page 348; Thence
North 281207 West 31.55 feet along said Northeasterly line; Thence North
013510 East 3.17 feet to the true point of beginning of the parcel herein
described, containing 1,166 square feet or 0.0268 acres, more or less, except
that part lying in existing utility easements.
TRACT NO. 16 Standard Sewer
Easement
The West 9.00 feet
of Lot 4, Block 15, FARVIEW, a subdivision of land in the City of Kansas
City, Clay County, Missouri, containing 630 square feet or 0.0145 acres, more
or less, except that part lying in existing utility easements.
TRACT NO. 16 Temporary Easement
The East 17.50 feet
of the West 26.50 feet of Lot 4, Block 15, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, containing 1,225 square feet or
0.0281 acres, more or less, except that part lying in existing utility
easements.
TRACT NO. 17 Standard Sewer
Easement
The West 9.00 feet
of Lot 3, Block 15, FARVIEW, a subdivision of land in the City of Kansas
City, Clay County, Missouri, containing 630 square feet or 0.0145 acres, more
or less, except that part lying in existing utility easements.
TRACT NO. 17 Temporary Easement
The East 17.50 feet
of the West 26.50 feet of Lot 3, Block 15, FARVIEW, a subdivision of land in
the City of Kansas City, Clay County, Missouri, containing 1,225 square feet or
0.0281 acres, more or less, except that part lying in existing utility
easements.
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, Clay
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, Clay County, Missouri.
_________________________________________
Approved as to form and legality:
________________________________
Theodore T.
Anderson
Assistant City Attorney