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Legislation #: 090170 Introduction Date: 3/5/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of proposed Bittersweet Subdivision, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of Water Services; 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 Platte County, Missouri.

Legislation History
DateMinutesDescription
3/2/2009 Filed by the Clerk's office
3/5/2009 Referred to Transportation and Infrastructure Committee
3/12/2009 Do Pass
3/12/2009 Add to Consent Docket
3/19/2009 Passed

View Attachments
FileTypeSizeDescription
090170.pdf Authenticated 494K AUTHENTICATED
executed cooperative agreement.pdf Agreement 301K cooperative agreement
090170.pdf Authenticated 186K Authenticated
Fact Sheet for Bittersweet Condemnation.xls Fact Sheet 30K Fact Sheet for Bittersweet Condemnation

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ORDINANCE NO. 090170

 

Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of proposed Bittersweet Subdivision, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of Water Services; 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 Platte County, Missouri.

Whereas, the Council approved Ordinance 080313 authorizing an agreement with B.T. Residential (Developer) to allow upsizing of the Green Hills Pump Station, and as part of that Agreement, the City agreed to assist in securing easement necessary so that developer could benefit from the Pump Station; and

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

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. 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, in Kansas City, Platte County, Missouri, which is on file in the office of the Director of Water Services.

Section 2. That said improvements, once constructed and accepted by the City, shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications certified by City Planning and Development, and the same being on file in the office of the Director of Water Services and 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 the Developer 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.

The Developer 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 the Developer 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:

Standard Sewer Easement

A strip of land 10.00 feet in width in the Northwest Quarter of Section 4, Township 51, Range 33, Kansas City, Platte County, Missouri, lying 5.00 feet on each side of the following described Centerline: Commencing at the Northeast corner of the Northwest corner of said Section 4; thence South 89 degrees 57 minutes 49 seconds West, along the North line of said Northwest Quarter, 1,276.24 feet to the Northwest corner of the East 73.83 acres of said Northwest Quarter; thence South 00 degrees 21 minutes 13 seconds West, along the West line of the East 73.83 acres of said Northwest Quarter, 652.04 feet to the True Point of Beginning of the Centerline to be herein described; thence North 71 degrees 54 minutes 23 seconds West, 265.38 feet; thence North 42 degrees 08 minutes 06 seconds West, 267.48 feet; thence North 44 degrees 00 minutes 39 seconds West, 313.88 feet; thence South 76 degrees 00 minutes 33 seconds West, 293.15 feet to the point of termination.

 

Temporary Construction Easement

 

A strip of land 50.00 feet in width in the Northwest Quarter of Section 4, Township 51, Range 33, Kansas City, Platte County, Missouri, lying 25.00 feet on each side of the following described Centerline: Commencing at the Northeast corner of the Northwest Quarter of said Section 4; thence South 89 degrees 57 minutes 49 seconds West, along the North line of said Northwest Quarter, 1,276.24 feet to the Northwest corner of the East 73.83 acres of said Northwest Quarter; thence South 00 degrees 21 minutes 13 seconds West, along the West line of the East 73.83 acres of said Northwest Quarter, 652.04 feet to the True Point of Beginning of the Centerline to be herein described; thence North 71 degrees 54 minutes 23 seconds West, 265.38 feet; thence North 42 degrees 08 minutes 06 seconds West, 267.48 feet; thence North 44degrees 00 minutes 39 seconds West, 313.88 feet; thence South 76 degrees 00 minutes 33 seconds West, 318.15 feet to the point of termination.

Section 3. That just compensation for the easements and lands to be condemned and taken herein 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, Platte County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86.01 to 86.10 of the Missouri Rules of Civil Procedure. Such costs shall be reimbursed by the Developer.

Section 4. That pending acquisition of the above described easements by condemnation, the Director of Water Services is hereby authorized to negotiate for and to purchase said easements, and such costs shall be reimbursed by the Developer. 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, Platte County, Missouri.

______________________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Theodore T. Anderson

Assistant City Attorney