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Legislation #: 130138 Introduction Date: 2/28/2013
Type: Ordinance Effective Date: 3/17/2013
Sponsor: None
Title: Authorizing condemnation, taking private property interests for Project No. 81000436, the Second Creek Interceptor project located within an area bounded by the City Limits to the north, 152 Highway to the south, N. Congress Avenue to the west, and N. Robinhood Lane to the east, all in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Water Services Department; 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 Platte County, Missouri.

Legislation History
DateMinutesDescription
2/20/2013 Filed by the Clerk's office
2/28/2013 Referred to Transportation & Infrastructure Committee
3/7/2013 Advance and Do Pass, Debate
3/7/2013 Passed

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ORDINANCE NO. 130138

 

Authorizing condemnation, taking private property interests for Project No. 81000436, the Second Creek Interceptor project located within an area bounded by the City Limits to the north, 152 Highway to the south, N. Congress Avenue to the west, and N. Robinhood Lane to the east, all in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Water Services Department; 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 Platte County, Missouri.

 

WHEREAS, the Council finds that certain property interests must be condemned in Kansas City, Platte County, Missouri for the construction and maintenance of the aforementioned sewer interceptor project; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the private property interests hereinafter described are hereby authorized condemned and taken for public use in and upon the land hereafter described for the Second Creek Interceptor project, Project No. 81000436. Kansas City shall have the right to enter in or authorize the entry in and upon said rights of way and/or property for the purpose of constructing, reconstructing, maintaining, operating and repairing any improvements.

 

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 under the supervision of the Director of the Water Department, the same being on file in the Office of the Director of Water Services and being incorporated herein by reference.

 

Section 3. That the property that is hereby authorized condemned and taken for said project is described as follows:

 

Tract 19- Temporary Construction Easement (30 months duration)

A tract of land generally located in the Southwest Quarter of Section 20, Township 52 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land lying between a line drawn 15.00 feet North or East of and parallel with, and a line drawn 150.00 feet North or East of and parallel with, and a tract of land lying between a line drawn 15.00 feet South or West of and parallel with, and a line drawn 50.00 feet South or West of and parallel with the line described below:

 

Commencing at the Northwest Corner of the Southwest Quarter of Section 20, Township 52 North, Range 33 West, thence southerly along the West line of said quarter section along a bearing of South 00 degrees 26 minutes 15 seconds West, a distance of 976.70 feet to the Point of Beginning; thence Southeasterly along a bearing of South 49 degrees 11 minutes 35 seconds East, a distance of 72.71 feet to a point; thence Southeasterly along a bearing of South 26 degrees 53 minutes 34 seconds East, a distance of 678.32 feet to a point; thence Southeasterly along a bearing of South 62 degrees 05 minutes 53 seconds East, a distance of 686.74 feet to a point; thence Southerly along a bearing of South 01 degrees 35 minutes 31 seconds East, a distance of 574.58 feet to a point; thence Southeasterly along a bearing of South 59 degrees 19 minutes 47 seconds East, a distance of 232.98 feet to the point of terminus, said point being on the South line of said Quarter Section, along a bearing of South 89 degrees 44 minutes 37 seconds East, a distance of 1197.81 feet from the Southeast Corner of said Quarter Section, extending and shortening the sidelines so as to begin and end at the property lines, said tract containing 405,476 square feet or 9.31 acres more or less.

 

Tract 19 -Permanent Easement

A tract of land generally located in the Southwest Quarter of Section 20 Township 52 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land being 30.00 feet wide, said tract being 15.00 feet North or East of and parallel with the following described line, together with a tract of land being 15.00 feet West or South of and parallel with the following described centerline:

 

Commencing at the Northwest Corner of the Southwest Quarter of Section 20 Township 52 North, Range 33 West, thence Southerly along the west line of said Quarter Section along a bearing of South 00 degrees 26 minutes 15 seconds West a distance of 976.70 feet to the Point of Beginning; thence Southeasterly along a bearing of South 49 degrees 11 minutes 35 seconds East, a distance of 72.71 feet to a point; thence Southeasterly along a bearing of South 26 degrees 53 minutes 34 seconds East, a distance of 678.32 feet to a point; thence Southeasterly along a bearing of South 62 degrees 05 minutes 53 seconds East, a distance of 686.74 feet to a point; thence Southerly along a bearing of South 01 degrees 35 minutes 31 seconds East, a distance of 574.58 feet to a point; thence Southeasterly along a bearing of South 59 degrees 19 minutes 47 seconds East, a distance of 232.98 feet to the point of terminus, extending and shortening the sidelines so as to begin and end at the property lines, said point being on the South line of said Quarter Section, along a bearing of South 89 degrees 44 minutes 37 seconds East, a distance of 1197.81 feet from the Southwest Corner of said Quarter Section, said tract containing 67,360 square feet or 1.55 acres more or less.

 


Tract 28 -Temporary Construction Easement (30 months duration)

A tract of land generally located in the Southeast Quarter of Section 32 Township 52 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land lying between a line drawn 15.00 feet North or East of and parallel with, and a line drawn 150.00 feet North or East of and parallel with, and a tract of land lying between a line drawn 15.00 feet South or West of and parallel with, and a line drawn 50.00 feet South or West of and parallel with the line described below:

 

Commencing at the Northeast Corner of the Southeast Quarter of Section 32 Township 52 North, Range 33 West, thence Westerly along the North line of said Quarter Section along a bearing of South 89 degrees 53 minutes 15 seconds West, a distance of 506.28 feet to a point; thence Southerly along a bearing of South 00 degrees 06 minutes 45 seconds East, a distance of 30.00 feet to the Point of Beginning; thence Southeasterly along a bearing of South 37 degrees 07 minutes 36 seconds East, a distance of 129.50 feet to a point; thence Southerly along a bearing of South 00 degrees 46 minutes 01 seconds West, a distance of 328.41 feet to a point; thence Southeasterly along a bearing of South 35 degrees 40 minutes 55 seconds East, a distance of 394.64 feet to a point; thence Southeasterly along a bearing of South 18 degrees 23 minutes 56 seconds East, a distance of 355.02 feet to a point; thence Southerly along a bearing of South 08 degrees 07 minutes 22 seconds East, a distance of 509.32 feet to a point; thence Southerly along a bearing of South 04 degrees 54 minutes 22 seconds West, a distance of 284.21 feet to the point of terminus, extending and shortening the sidelines so as to begin and end at the property lines, said tract containing 237,625 square feet or 5.45 acres more or less.

 

Tract 28 Permanent Easement

A tract of land generally located in the Southeast Quarter of Section 32 Township 52 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land being 30.00 feet wide, said tract being 15.00 feet East or North of and parallel with the following described line, together with a tract of land being 15.00 feet West or South of and parallel with the following described line:

 

Commencing at the Northeast Corner of the Southeast Quarter of Section 32 Township 52 North, Range 33 West, thence Westerly along the North line of said Quarter Section along a bearing of South 89 degrees 53 minutes 15 seconds West, a distance of 506.28 feet to a point; thence Southerly along a bearing of South 00 degrees 06 minutes 45 seconds East, a distance of 30.00 feet to the Point of Beginning; thence Southeasterly along a bearing of South 37 degrees 07 minutes 36 seconds East, a distance of 129.50 feet to a point; thence Southerly along a bearing of South 00 degrees 46 minutes 01 seconds West, a distance of 328.41 feet to a point; thence Southeasterly along a bearing of South 35 degrees 40 minutes 55 seconds East, a distance of 394.64 feet to a point; thence Southeasterly along a bearing of South 18 degrees 23 minutes 56 seconds East, a distance of 355.02 feet to a point; thence Southerly along a bearing of South 08 degrees 07 minutes 22 seconds East, a distance of 509.32 feet to a point; thence Southerly along a bearing of South 04 degrees 54 minutes 22 seconds West, a distance of 284.21 feet to the point of terminus, extending and shortening the sidelines so as to begin and end at the property lines, said tract containing 58,646 square feet or 1.35 acres more or less.

 

Tract 28A Temporary Construction Easement (30 months duration)

A tract of land generally located in the Southwest Quarter of Section 33 Township 52 North, Range 33 West, in the City of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest Corner of the Southwest Quarter of Section 33 Township 52 North, Range 33 West, thence Southerly along the West line of said Quarter Section along a bearing of South 00 degrees 31 minutes 50 seconds West, a distance of 891.23 feet to the Point of Beginning; thence Southeasterly along a bearing of South 18 degrees 23 minutes 56 seconds East, a distance of 204.77 feet to a point; thence Southeasterly along a bearing of South 08 degrees 07 minutes 22 seconds East, a distance of 229.40 feet to a point on the South line of the Northwest Quarter of said Southwest Quarter; thence Westerly along said South line of the Northwest Quarter of said Southwest Quarter along a bearing of South 89 degrees 50 minutes 55 seconds West, a distance of 100.95 feet to a point , said point being the Southwest Corner of said Quarter, Quarter Section; thence Northerly along the West line of the said Quarter, Quarter Section along a bearing of North 00 degrees 31 minutes 50 seconds East, a distance of 421.69 feet to the Point of Beginning, said tract containing 25,474 square feet or 0.58 acres more or less.

 

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 Platte County, Missouri, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, as supplemented and/or amended by Rules 86.01 to 86.10 of the Missouri Court 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 lands by condemnation, the Director of the Water Services Department is hereby authorized to negotiate the purchase of said lands and pay for them out of funds appropriated or to be appropriated as aforesaid, and if the tract be so acquired by negotiation and purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

 

Section 6. That said property rights are authorized condemned and/or conveyed to 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 Platte County, Missouri.

 

_______________________________________

 

Approved as to form and legality:

 

 

_____________________________

Theodore T. Anderson

Assistant City Attorney