ORDINANCE NO. 050616
Condemning
and taking a permanent sanitary sewer easement on private property for the
construction and maintenance of a sanitary sewer in the area of East 53rd Street and Lees Summit Road, all in Jackson County, Missouri;
providing for the payment of just compensation therefore; and authorizing
negotiations by the Director of the Water Services Department.
WHEREAS,
the Council finds and determines it necessary that a permanent sanitary sewer
easement on private property must be condemned for the purpose of locating,
constructing, and maintaining a sanitary sewer in the area herein described and
generally located in Jackson County, Missouri; NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section
1. That a permanent sanitary sewer easement is hereby condemned and taken for
public use for the location, construction, reconstruction, maintenance,
operation, and repair of a sanitary sewer, in and upon the private lands
hereinafter described, for a sanitary sewer in the area of East 53rd
Street and Lees Summit Road, as shown in project number 81000319, which is on
file in the office of the Director of Water Services.
The sanitary
sewer easement shall be used by Kansas City as the permanent location of the
sanitary sewer 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 easement for the purpose of constructing, reconstructing,
maintaining, operating, and repairing said improvement or making connections
thereto.
There shall be
reserved to the owners of the land in which such permanent easement is 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 sanitary sewer to be
constructed in and upon such easement.
The
permanent sanitary sewer easement hereby condemned is legally described as
follows:
Permanent Sanitary Sewer
Easement
A tract of land
located in the Northwest Quarter of Section 31, Township 49 North, Range 31
West, Kansas City, Jackson County, Missouri, more particularly described as
follows:
Commencing at the
Southwest Corner of the above Quarter, then North 01 46 05 East along the
West line of this Quarter, a distance of 978.07 feet, then
South 88 13 55
East a distance of 50.00 feet to the East Right of Way of Lees Summit Road and
the Point of Beginning, then
South 88 13 55
East a distance of 130.00 feet to the Eastern Corporate Limit of Kansas City,
Missouri and the Northwest Corner of Block 1 of Villas At Country Meadows South
1st Plat subdivision, then
South 01 46 05
West along said Corporate Limit and the West Line of said subdivision a
distance of 119.12 feet, then
North 68 43 29
West a distance of 5.30 feet, then
North 01 46 05
East a distance of 107.31 feet, then
North 88 13 55
West a distance of 125.00 feet to the East Right of Way of Lees Summit Road,
then
North 01 46 05
East a distance of 10.00 feet along said Right of Way to the Point of
Beginning.
Containing 1,814.9
sq. ft. or 0.042 acres more or less.
Section
2. That just compensation for the Permanent Sanitary Sewer Easement in Jackson
County, Missouri, herein shall be assessed and paid according to law.
Payment for such compensation of damages shall be made by Kansas City in cash
from funds appropriated or to be appropriated for said purposes; and the
proceedings therefore shall be instituted in the first instance and prosecuted
in the Circuit Court of Jackson County, Missouri, pursuant to the provisions of
Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by
Sections 86.01 to 86.10 of the Rules of Civil Procedure.
Section
3. That pending the acquisition of said easement by condemnation, the Water
Services Department is hereby authorized to purchase the Permanent Sanitary
Sewer Easement out of funds appropriated or to be appropriated as aforesaid,
and if the easement be so acquired by purchase, the City Attorney is authorized
to withdraw the condemnation proceeding.
_____________________________________________
Approved
as to form and legality:
___________________________________
Cecilia
OConnor Abbott
Assistant City Attorney