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Legislation #: 050733 Introduction Date: 6/16/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking drainage and temporary easements, on private properties for the construction and maintenance of bridge, sewers and street on N.W. Interurban Road over Wildcat Branch, 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 as a Committee Substitute
6/23/2005 Add to Consent Docket
6/30/2005 Passed as Substituted

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050733.pdf Authenticated 328K Authenticated
Factsheet 5445(condemn).xls Fact Sheet 30K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050733

 

Condemning and taking drainage and temporary easements, on private properties for the construction and maintenance of bridge, sewers and street on N.W. Interurban Road over Wildcat Branch, all in Kansas City, Platte County, Missouri.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

WHEREAS, the Council finds that 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,

Section 1. Condemnation of Sewer and Temporary Easements: That 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 sewers, in and upon the private lands hereinafter described, for Project Number 5445 in Kansas City, Platte County, Missouri, and as shown in file number 2005-242A, 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. 2005-242, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. The easements shall be used by Kansas City as the permanent location of the bridge, street, and 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.

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

Storm Drainage Easement, Tract 1

 

A tract of land for Storm Drainage purposes, in the East half of the Southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, said strip of land being more particularly described as follows:

 

Commencing at the Southeast corner of the Southwest quarter of said section 12, also known as the centerline of intersection of N Congress Avenue at NW 128th Street; thence N894658W, a distance of 247.02 feet along the South line of said quarter section, also being the centerline of said NW 128th Street; thence N001302E, a distance of 30.00 feet to the northerly Right of Way of said NW 128th Street, also being the Point of Beginning; thence N362418W, a distance of 764.33 feet along the Northeasterly Right of Way of Interurban Road, hereinafter referred to as Point A, thence N383322E, a distance of 69.44 feet; thence S362418E, a distance of 205.08 feet; thence S533044W, a distance of 13.64 feet; thence S362418E, a distance of 201.41 feet; thence S533542W, a distance of 31.13 feet; thence S362418E, a distance of 392.96 feet to a point on the Northerly Right of Way of NW 128th Street; thence along said Right of Way N894658W, a distance of 28.76 feet to the Point of Beginning, containing 32,680 square feet.

 


Temporary Easement, Tract 1

 

Two tracts of land for construction purposes, in the East half of the Southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, said tracts of land also being more particularly described as follows:

 

Commencing at the Southeast corner of the Southwest quarter of said section 12, also known as the centerline of intersection of N Congress Avenue at NW 128th Street; thence N894658W along the south line of said quarter section, a distance of 218.27 feet, to a point on centerline of NW 128th Street; thence N001302E a distance of 30.00 feet to the northerly Right of Way of NW 128th Street also being the Point of Beginning of the herein described strip of land; thence N362418W a distance of 392.96 feet; thence N533542E, a distance of 31.13 feet, thence N362418W, a distance of 201.41 feet; thence N533044E, a distance of 13.64 feet to a point hereinafter referred to as Point A, thence departing said Point A S362418E, a distance of 248.20 feet; thence S533542W, a distance of 30.00 feet; thence S362418E, a distance of 356.57 feet to the northerly Right of Way on NW 128th Street; thence N894658W, a distance of 17.34 feet along said Right of way to the Point of Beginning, containing 9,773 square feet.

 

Together with

 

A tract of land commencing at the above said Point A, thence N362418W, a distance of 120.00 feet to the Point of Beginning of; thence N362418W, a distance of 85.08 feet; thence S383322W, a distance of 69.44 feet; thence N362418W, a distance of 39.74 feet along the Northeasterly Right of Way of Interurban Road; thence N533542E, a distance of 18.00 feet; thence N362418W, a distance of 673.28 feet; thence S513614W, a distance of 18.01 feet to said Northeasterly Right of Way; thence along said Right of Way N362418W, a distance of 52.35 feet; thence departing said Right of Way, N533043E, a distance of 27.00 feet; thence S362418E, a distance of 632.64 feet; thence N533542E, a distance of 80.00 feet; thence S362418E, a distance of 199.20 feet; thence S533542W, a distance of 39.96 feet to the Point of Beginning, containing 21,181 square feet.

 

Storm Drainage Easement, Tract 2

 

Two tracts of land for Storm Drainage, and Grading purposes, in the East half of the Southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, said strip of land being more particularly described as follows:

Commencing at the Southeast corner of the Southwest quarter of said section 12, also known as the centerline of intersection of N Congress Avenue at NW 128th Street; thence N894658W, a distance of 265.84 feet along the South line of said quarter section, also being the centerline of intersection with Interurban Road and NW 128th Street; thence N362418W, a distance of 318.66 feet along the centerline of Interurban Road; thence S533542W, a distance of 33.00 feet to the Southwesterly Right of Way of said Interurban Road, and being the Point of Beginning; thence N362418W, a distance of 458.25 feet along the Southwesterly Right of Way of Interurban Road, hereinafter referred to as Point A, ; thence S533542W, a distance of 27.00 feet; thence S362418E, a distance of 290.98 feet; thence N533542E, a distance of 18.00 feet; thence S362418E, a distance of 167.26 feet; thence N533542E, a distance of 9.00 feet to the Point of Beginning. Said strip containing 9,363 square feet.

 

Together with

 

A tract of land commencing at the aforesaid Point A, thence N362418W, a distance of 40.02 feet along said Southwesterly Right of Way of Interurban Road to the Point of Beginning; thence N362418W, a distance of 677.32 feet along said Right of Way; thence S532547W, a distance of 58.10 feet; thence S381150E, a distance of 677.48 feet; thence N533542E, a distance of 36.92 feet to the Point of Beginning. Said strip containing 32,175 square feet.

 

Temporary Easement, Tract 2

 

Two tracts of land for construction purposes, in the East half of the Southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, said tracts of land also being more particularly described as follows:

 

Commencing at the Southeast corner of the Southwest quarter of said section 12, also known as the centerline of intersection of N Congress Avenue at NW 128th Street; thence N894658W along the south line of said quarter section, a distance of 369.13 feet, to a point on centerline of NW 128th Street; thence N001302E, a distance of 30.00 feet to the northerly Right of Way of NW 128th Street also being the Point of Beginning of the herein described tract of land; thence N362418W a distance of 579.43 feet; thence S533542W, a distance of 99.00 feet, thence N362418W, a distance of 144.20 feet; thence N533542E, a distance of 20.00 feet; thence N362418W, a distance of 250.00 feet; thence N533542E, a distance of 24.00 feet; thence N362418W, a distance of 434.75 feet; thence N533542E, a distance of 28.90 feet to a point, hereinafter referred to as Point A; thence departing said Point A S381150E, a distance of 677.48 feet; thence N533542E, a distance of 36.92 feet to the Southwesterly Right of Way of Interurban Road; thence S362418E, a distance of 40.02 feet along said Right of Way; thence S533542W, a distance of 27.00 feet; thence S362418E, a distance of 290.98 feet; thence N533542E, a distance of 18.00 feet; thence S362418E, a distance of 167.26 feet; thence N533542E, a distance of 9.00 feet to the Southwesterly Right of Way of said Road; thence S362418E, a distance of 256.75 feet along said Right of Way to the Northerly Right of Way of NW 128th Street, thence N894658W, a distance of 39.88 feet along said Right of Way to the Point of Beginning. Said strip containing 61,855 square feet.

 

Together with

 

A tract of land commencing at said Point A, also being the Point of Beginning of herein described tract; thence N362418W, a distance of 160.68 feet; thence N002842E, a distance of 96.81 feet along the West line of the SE of the SW of section 12, T52N-R34W to the Southwesterly Right of Way of Interurban Road; thence S362418E, a distance of 237.95 feet along said Right of Way; thence S532547W, a distance of 58.10 feet to the Point of Beginning. Said strip containing 11,580 square feet.

 

Temporary Easement, Tract 3

 

A tract of land for Construction purposes, in the West half of the Southwest quarter of Section 12, Township 52 North, Range 34 West, in Kansas City, Platte County, Missouri, said strips of land also being more particularly described as follows:

 

Commencing at the Southeast corner of the Southwest quarter of said section 12, also known as the centerline of intersection of N Congress Avenue at NW 128th Street; thence N894658W, a distance of 265.84 feet along said centerline of NW 128th Street to the Point of intersection of NW 128th Street and Interurban Road; thence N362418W, a distance of 1,732.18 feet along said centerline of Interurban Road; thence S533542W, a distance of 33.00 feet to the Southwesterly Right of Way of said Interurban Road and also being the Point of Beginning; thence N362418W, a distance of 57.56 feet along said Right of way; thence S533044W, a distance of 58.10 feet; thence S362418E, a distance of 134.91 feet to the east line of the SW of the SW of section 12, T52N-R34W; thence N002842E, a distance of 96.81 feet along said East line to the Point of Beginning (hereinafter the construction easement), containing 5,591 square feet.

Section 5. 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 6. 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 7. That the right of way, along with the sewer grading and temporary easements in Tracts 1 AND 3 be condemned and conveyed to Kansas City, Missouri.

Section 8. 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