KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 050732 Introduction Date: 6/16/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking street, sewer, and temporary rights-of-way on private properties for the construction and maintenance of bridge, sewers and street on N.W. 128th Street west of Interurban Road, all in Kansas City, Platte County, Missouri.

Legislation History
DateMinutesDescription
6/14/2005 Filed by the Clerk's office
6/16/2005 Referred to Operations Committee
6/22/2005 Do Pass
6/23/2005 Add to Consent Docket
6/30/2005 Passed

View Attachments
FileTypeSizeDescription
050732.pdf Authenticated 377K Authenticated
Factsheet 5462(condemn).xls Advertise Notice 30K Fact sheet

Printer Friendly Version

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 050732

 

Condemning and taking street, sewer, and temporary rights-of-way on private properties for the construction and maintenance of bridge, sewers and street on N.W. 128th Street west of Interurban Road, all in Kansas City, Platte County, Missouri.

 

WHEREAS, the Council finds that street right of way, sewer easements, and temporary easements must be condemned for the purpose of locating, constructing and maintaining bridge, sewers, and street, in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Standard Sewer Easements, and Street Right of Way: That street right of way, 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 bridge, street, and sanitary sewers, in and upon the private lands hereinafter described, for Project Number 5462 in Kansas City, Platte County, Missouri, and as shown in file number 2004-381A, 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. 2004-381, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. The street right of way, and standard sewer easements shall be used by Kansas City as the permanent location of the bridge, street, and sanitary sewer improvements 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 right of way, and easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 4. 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.

Section 5. The grading easements shall be used to establish slopes and cutbacks adjacent to the road right-of-way and to keep and maintain the slope and cutbacks under, in, over and upon the tracts of land situated in Kansas City, Platte County, and State of Missouri.

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 sewer 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 street right of way, standard sewer easements, grading easements, and temporary construction easements are hereby condemned and taken for public use and hereby described as follows:

Street Right of Way, Tract 1

 

A strip of land in the southeast quarter of the southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Warranty Deed, Book 857, Page 207, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the southwest corner of the southwest quarter of said Section 12; thence S 894658 E along the south line of said southwest quarter, a distance of 1792.39 feet; thence N001302 E, a distance of 30.00 feet; thence S894658 E, a distance of 94.56 feet, to the point of beginning of the herein described strip; thence N001302 E, a distance of 15.00 feet; thence S 894658 E, a distance of 225.02 feet; thence S001302W, a distance of 15.00 feet; thence N894658W, a distance of 225.02 feet, to the point of beginning.

 


Standard Sewer Easement, Tract 1

 

A strip of land in the southeast quarter of the southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Warranty Deed, Book 857, Page 207, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the southwest corner of the southwest quarter of said Section 12; thence S 894658 E along the south line of said southwest quarter, a distance of 1792.39 feet; thence N001302 E, a distance of 30.00 feet; thence S894658 E, a distance of 348.05 feet, to the point of beginning of said strip; thence N000007 E, a distance of 19.37 feet; thence N 721412 W, a distance of 123.69 feet; thence N 174548 E, a distance of 15.00 feet; thence S 721412 E, a distance of 134.64 feet; thence S 000007 W, a distance of 30.38 feet; thence N 894658 W, a distance of 15.00 feet to the point of beginning.

 

Grading Easement, Tract 1

 

Two tracts of land in the southeast quarter of the southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Warranty Deed, Book 857, Page 207, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the southwest corner of the southwest quarter of said Section 12; thence S 894658 E along the south line of said southwest quarter, a distance of 1792.39 feet; thence N001302 E, a distance of 30.00 feet, to the point of beginning of the herein described tract; thence N761347E, a distance of 148.94 feet; thence S894658E, a distance of 77.41 feet; thence S001302W, a distance of 21.00 feet; to a point hereinafter referred to as Point A; thence N894658W, a distance of 127.38 feet; thence S 001302W a distance of 15.00 feet; thence N894658W, a distance of 94.56 feet, to the point of beginning,

 

Temporary Easement, Tract 1

 

A tract of land in the southeast quarter of the southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Warranty Deed, Book 857, Page 207, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the southwest corner of the southwest quarter of said Section 12; thence S 894658 E along the south line of said southwest quarter, a distance of 1792.39 feet; thence N001302 E, a distance of 30.00 feet; thence S894658 E, a distance of 94.56 feet; thence N001302 E, a distance of 15.00 feet; thence S 894658 E, a distance of 127.38 feet, to the point of beginning of the herein described tract; thence N 001302 E, a distance of 21.00 feet; thence N894658W, a distance of 10.00 feet; thence N 001302 E, a distance of 65.72 feet; thence S 721412 E, a distance of 181.91 feet; thence S 001302 W, a distance of 26.88 feet; thence S 894658 E, a distance of 88.22 feet; thence S 001302 W, a distance of 5.00 feet; thence N 894658 W, a distance of 110.60 feet; thence N 000007 E, a distance of 15.38 feet; thence N 721412 W, a distance of 134.64 feet; thence S 174548 W, a distance of 15.00 feet; thence S 721412 E, a distance of 123.69 feet; thence S 000007 W, a distance of 4.37 feet; thence N 894658 W, a distance of 126.06 feet to the point of beginning.

 

Temporary Easement, Tract 2

 

A strip of land in the northeast quarter of the northwest quarter of Section 13, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Missouri Warranty Deed, Book 590, Page 68, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the Northwest corner of the northwest quarter of said Section 13; thence S 894658 E along the north line of said northwest quarter, a distance of 1536.94 feet; thence S 01302 W, a distance of 30.00 feet to the point of beginning of the herein described strip; thence S 894658 E, a distance of 176.27 feet to a point on the east line of the tract described in said Missouri Warranty Deed; thence S 01852 E, along said east line, a distance of 12.00 feet; thence N 894658 W, a distance of 176.38 feet; thence N 01302 E, a distance of 12.00 feet to the point of beginning.

 

Street Right of Way, Tract 3

 

A tract of land in the northeast quarter of the northwest quarter of Section 13, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Trustees Deed, Book 692, Page 609, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 


Commencing at the Northwest corner of the northwest quarter of said Section 13; thence S 894658 E along the north line of said northwest quarter, a distance of 1712.93 feet; thence S 001852 E, a distance of 30.00 feet to the point of beginning of the herein described tract; thence S 894658 E, a distance of 665.54 feet to a point on the westerly right-of-way line of Interurban Road; thence S 362418 E along said westerly right-of-way line, a distance of 6.23 feet; thence N 894658 W, a distance of 275.65 feet; thence S 01302 W, a distance of 20.00 feet; thence N 894658 W, a distance of 119.90 feet; thence N 01302 E, a distance of 15.00 feet; thence N 894658 W, a distance of 273.61 feet; thence N 01852 W, a distance of 10.00 feet to the point of beginning.

 

Standard Sewer Easement, Tract 3

 

A strip of land in the northeast quarter of the northwest quarter of Section 13, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Trustees Deed, Book 692, Page 609, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the Northwest corner of the northwest quarter of said Section 13; thence S 894658 E along the north line of said northwest quarter, a distance of 1712.93 feet, thence S 01852 E, a distance of 30.00 feet; thence continuing S 01852 E, a distance of 10.00 feet; thence S 894658 E, a distance of 86.58 feet; thence S 001302 W, a distance of 15.00 feet; thence S 894658 E, a distance of 306.93 feet; thence N 001302 E, a distance of 20.00 feet; thence S 894658 E, a distance of 33.87 feet to the point of beginning of the herein described strip; thence continuing S 894658 E, a distance of 15.00 feet; thence S 000007 W, a distance of 130.15 feet; thence N 894658 W, a distance of 15.00 feet; thence N 000007 E, a distance of 130.15 feet, to the point of beginning.

 

Grading Easement, Tract 3

 

Two strips of land in the northeast quarter of the northwest quarter of Section 13, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Trustees Deed, Book 692, Page 609, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the Northwest corner of the northwest quarter of said Section 13; thence S 894658 E along the north line of said northwest quarter, a distance of 1712.93 feet, thence S 01852 E , a distance of 30.00 feet; thence continuing S 01852 E, a distance of 10.00 feet; thence S 894658 E, a distance of 86.58 feet to the point of beginning of the herein described strip; thence continuing S 894658 E, a distance of 187.03 feet; thence S 01302 W, a distance of 15.00 feet, to a point hereinafter referred to as Point A; thence N 894658 W, a distance of 187.03 feet; thence N 01302 E, a distance of 15.00 feet to the point of beginning.

 

Together with

 

A strip of land commencing at the aforesaid Point A thence S 894658 E, a distance of 119.90 feet to the point of beginning of the herein described strip; thence N 001302 E, a distance of 20.00 feet; thence S 894658 E, a distance of 110.28 feet; thence S 001302 W, a distance of 20.00 feet; thence N 894658 W, a distance of 110.28 feet, to the point of beginning.

 

Temporary Easement, Tract 3

 

Two tracts of land in the northeast quarter of the northwest quarter of Section 13, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, being a part of the tract of land described in Trustees Deed, Book 692, Page 609, recorded in the Register of Deeds Office of Platte County, Missouri being more particularly described as follows:

 

Commencing at the Northwest corner of the northwest quarter of said Section 13; thence S 894658 E along the north line of said northwest quarter, a distance of 1712.93 feet, thence S 01852 E, a distance of 30.00 feet; thence continuing S 01852 E, a distance of 10.00 feet; thence S 894658 E, a distance of 86.58 feet; thence S 001302 W, a distance of 15.00 feet; thence S 894658 E, a distance of 318.38 feet to the point of beginning of the herein described tract; thence continuing S 894658 E, a distance of 22.50 feet; thence S 000007 W, a distance of 110.15 feet; thence S 895953 E, a distance of 15.00 feet; thence N 000007 E, a distance of 110.15 feet; thence S 894658 E, a distance of 22.50 feet, to a point hereinafter referred to as Point A; thence S 000007 W, a distance of 120.00 feet; thence N 894658 W, a distance of 60.00 feet; thence N 000007 E, a distance of 120.00 feet to the point of beginning;

 

Together with

 

A tract of land commencing at the aforesaid Point A thence S 894658 E, a distance of 38.84 feet; thence N 001302 E, a distance of 10.00 feet, to the point of beginning of the herein described tract; thence continuing N 001302 E, a distance of 10.00 feet; thence S 894658 E, a distance of 76.86 feet; thence S 001302 W, a distance of 10.00 feet; thence N 894658 W, a distance of 76.86 feet, to the point of beginning.

Section 6. That just compensation for the property taken or damaged 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 Platte County, Missouri at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1994, 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 7. That pending the acquisition of said lands by condemnation, the Director of City Development is hereby authorized to purchase said land out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

Section 8. That the right of way, along with the sewer grading and temporary easements in Tracts 1, 2, AND 3 be condemned and conveyed to Kansas City, Missouri.

Section 9. 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, Platte County, Missouri

_________________________________________

Approved as to form and legality:

 

___________________________________

Theodore T. Anderson

Assistant City Attorney