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Legislation #: 060017 Introduction Date: 1/5/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent and temporary easements on private properties for the improvement and maintenance of sanitary sewers in the vicinity of Leeds Road and Hunter Avenue, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; 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 Jackson County, Missouri.

Legislation History
DateMinutesDescription
1/4/2006 Filed by the Clerk's office
1/5/2006 Referred to Operations Committee
1/11/2006 Advance and Do Pass, Debate
1/12/2006 Passed

View Attachments
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060017.pdf Recorded Info 613K recorded
060017.pdf Authenticated 507K Authenticated
Factsheet 3372(condmn).xls Fact Sheet 30K factsheet

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ORDINANCE NO. 060017

 

Condemning and taking permanent and temporary easements on private properties for the improvement and maintenance of sanitary sewers in the vicinity of Leeds Road and Hunter Avenue, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; 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 Jackson County, Missouri.

 

WHEREAS, the Council finds that private property must be condemned for permanent, and temporary easements, for the purpose of constructing, and improving sanitary sewers, all in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the properties to be condemned by this ordinance for the sanitary sewer improvements in the vicinity of Leeds Road and Hunter Avenue, as more fully described in the plans, File No. 2005-260A, which are on file in the Department of Public Works and are incorporated herein by reference are hereby provided for and authorized.

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. 2005-260, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference. 

Section 3. The permanent right-of-way, permanent and temporary 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 land hereinafter described.

The permanent 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.

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 temporary construction easements shall be used by the City of Kansas City, Missouri or their authorized agents, servants, employees or contractors during the construction for grading and sloping, construction of driveway pavements, removal of structures, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, storage of materials, the operation of equipment, and the movement of a work force. After the work is complete, the City of Kansas City, Missouri 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 City of Kansas City or its agents entered upon it. Said temporary construction easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works.

TRACT 1 Standard Sewer Easement

A part of Lot 2, DRURY-BLUE RIDGE SUBDIVISION NO. 1, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southwest corner of Lot 88, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri; thence South 86 degrees 41 minutes 24 seconds East along the North line of said Lot 2, 17.50 feet; thence South 01 degrees 15 minutes 12 seconds West, 10.71 feet; thence North 87 degrees 01 minutes 46 seconds West, 133.82 feet; thence North 02 degrees 58 minutes 14 seconds East, 11.50 feet; thence South 86 degrees 41 minutes 24 seconds East, 116.00 feet to the Point of Beginning. Containing 0.03 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101,1989

TRACT 1 Temporary Construction Easement

A part of Lot 2, DRURY-BLUE RIDGE SUBDIVISION NO. 1, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southwest corner of Lot 88, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri; thence South 86 degrees 41 minutes 24 seconds East along the North line of said Lot 2, 17.50 feet to the Point of Beginning; thence continue South 86 degrees 41 minutes 24 seconds East along the North line of said Lot 2, 17.50 feet; thence South 01 degrees 15 minutes 12 seconds West, 28.12 feet; thence North 87 degrees 01 minutes 46 seconds West, 145.88 feet to a point on the Northerly Right of Way line of 38th Terrace; thence North 42 degrees 57 minutes 10 seconds West along said Right of Way line, 8.30 feet; thence North 02 degrees 58 minutes 14 seconds East, 11.73 feet; thence South 87 degrees 01 minutes 46 seconds East, 133.82 feet; thence North 01 degrees 15 minutes 12 seconds East, 10.71 feet to the Point of Beginning. Containing 0.06 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 2 Standard Sewer Easement

A part of Lot 89, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southeast corner of Lot 89; thence North 86 degrees 41 minutes 24 seconds West along the South line of said Lot 89, 116.00 feet; thence North 02 degrees 58 minutes 14 seconds East, 3.50 feet; thence South 87 degrees 01 minutes 46 seconds East, 133.42 feet; thence North 02 degrees 00 minutes 54 seconds East, 260.69 feet; thence South 86 degrees 43 minutes 28 seconds East, 2.50 feet; thence South 02 degrees 00 minutes 54 seconds West along the East line of said Lot 89, 264.87 feet to the Point of Beginning. Containing 0.03 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 2 Temporary Construction Easement

A part of Lot 89, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southeast corner of said Lot 89; thence North 86 degrees 41 minutes 24 seconds West along the South line of said Lot 89, 116.00 feet; thence North 02 degrees 58 minutes 14 seconds East, 3.50 feet to the Point of Beginning; thence continue North 02 degrees 58 minutes 14 seconds East, 17.50 feet; thence South 87 degrees 01 minutes 46 seconds East, 95.63 feet; thence North 02 degrees 00 minutes 54 seconds East, 243.28 feet; thence South 86 degrees 43 minutes 28 seconds East, 17.50 feet; thence South 02 degrees 00 minutes 54 seconds West, 260.69 feet; thence North 87 degrees 01 minutes 46 seconds West, 113.42 feet to the Point of Beginning. Containing 0.14 acres, more or less and subject to any easements.

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 3 Standard Sewer Easement

A part of Lot 88, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southwest corner of Lot 88; thence North 02 degrees 00 minutes 54 seconds East along the West line of said Lot 88, 164.84 feet; thence South 86 degrees 41 minutes 24 seconds East along the North line of said Lot 88, 15.31 feet; thence South 01 degrees 15 minutes 12 seconds West, 164.90 feet; thence North 86 degrees 41 minutes 24 seconds West, 17.50 feet to the Point of Beginning. Containing 0.06 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 3 Temporary Construction Easement

A part of Lot 88, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southwest corner of said Lot 88; thence South 86 degrees 41 minutes 24 seconds East along the South line of said Lot 88, 17.50 feet to the Point of Beginning; thence North 01 degrees 15 minutes 12 seconds East, 164.90 feet; thence South 86 degrees 41 minutes 24 seconds East, 17.50 feet; thence South 01 degrees 15 minutes 12 seconds West, 164.90 feet; thence North 86 degrees 41 minutes 24 seconds West, 17.50 feet to the Point of Beginning. Containing 0.07 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 5 Standard Sewer Easement

A part of Lot 89, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southwest corner of Lot 87, of said subdivision; thence North 02 degrees 00 minutes 54 seconds East along the West line of said Lot 87, 100.03 feet to the Point of Beginning; thence North 86 degrees 43 minutes 28 seconds West, 2.50 feet; thence North 02 degrees 00 minutes 54 seconds East, 31.52 feet; thence North 04 degrees 16 minutes 35 seconds East, 63.47 feet; thence South 02 degrees 00 minutes 54 seconds West, 94.99 to the Point of Beginning. Containing 158 square feet, more or less and subject to any easements.

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101,1989

TRACT 5 Temporary Construction Easement

A part of Lot 89, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southeast corner of said Lot 89; thence North 02 degrees 00 minutes 54 seconds East along the East line of said Lot 89, 264.87 feet; thence North 86 degrees 43 minutes 28 seconds West, 2.50 feet to the Point of Beginning; thence continue North 86 degrees 43 minutes 28 seconds West, 17.50 feet; thence North 02 degrees 00 minutes 54 seconds East, 94.99 feet; thence South 86 degrees 43 minutes 28 seconds East, 20.00 feet; thence South 04 degrees 16 minutes 35 seconds West, 63.47 feet; thence South 02 degrees 00 minutes 54 seconds West, 31.52 feet to the Point of Beginning. Containing 0.04 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 6 Standard Sewer Easement

A part of Lot 89, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southeast corner of the East 85.00 feet of the North 179.5 feet of said Lot 89; thence South 02 degrees 00 minutes 54 seconds West, 7.46 feet; thence North 84 degrees 35 minutes 19 seconds West, 200.13 feet; thence South 86 degrees 43 minutes 28 seconds East, 199.83 to the Point of Beginning. Containing 0.02 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101,1989

TRACT 6 Temporary Construction Easement

A part of Lot 89, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southeast corner of said Lot 89; thence North 02 degrees 00 minutes 54 seconds East along the East line of said Lot 89, 359.86 feet to the Point of Beginning; thence North 86 degrees 43 minutes 28 seconds West, 20.00 feet; thence North 02 degrees 00 minutes 54 seconds East, 65.92 feet; thence North 84 degrees 35 minutes 19 seconds West, 225.38 feet to a point on the East Right of Way line of Hunter Avenue; thence North 01 degrees 41 minutes 26 seconds East along said Right of Way line, 15.85 feet; thence South 86 degrees 43 minutes 28 seconds East, 45.31 feet; thence South 84 degrees 35 minutes 19 seconds East, 200.13 feet; thence South 02 degrees 00 minutes 54 seconds West, 82.71 feet to the Point of Beginning. Containing 0.13 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 7 Standard Sewer Easement

A part of Lot 86, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Beginning at the Southwest corner of Lot 86; thence North 02 degrees 00 minutes 54 seconds East along the West line of said Lot 86, 82.40 feet; thence South 86 degrees 41 minutes 24 seconds East along the North line of said Lot 86, 18.82 feet; thence South 04 degrees 38 minutes 14 seconds West, 82.40 feet; thence North 86 degrees 41 minutes 24 seconds West, 15.05 feet to the Point of Beginning. Containing 0.03 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 7 Temporary Construction Easement

A part of Lot 86, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southwest corner of said Lot 86; thence South 86 degrees 41 minutes 24 seconds East along the South line of said Lot 86, 15.05 feet to the Point of Beginning; thence North 04 degrees 38 minutes 14 seconds East, 82.40 feet; thence South 86 degrees 41 minutes 24 seconds East, 17.50 feet; thence South 04 degrees 38 minutes 14 seconds West, 82.40 feet; thence North 86 degrees 41 minutes 24 seconds West, 17.50 feet to the Point of Beginning. Containing 0.03 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 14 Temporary Construction Easement

A part of Lot 21, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Beginning at the Southeast corner of said Lot 21; thence North 88 degrees 56 minutes 49 seconds West, 93.59 feet; thence North 02 degrees 00 minutes 55 seconds East, 15.00 feet; thence South 88 degrees 56 minutes 49 seconds East, 78.41 feet; thence North 02 degrees 00 minutes 55 seconds East, 142.94 feet; thence South 88 degrees 56 minutes 49 seconds East, 15.00 feet; thence South 02 degrees 00 minutes 55 seconds West, 157.51 feet to the Point of Beginning. Containing 0.08 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 22 Standard Sewer Easement

A part of Lot 81 & 82, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Southwest corner of Lot 81; thence South 89 degrees 01 minutes 47 seconds East, 19.58 feet to the Point of Beginning; thence North 10 degrees 20 minutes 05 seconds West, 47.68 feet; thence North 30 degrees 23 minutes 20 seconds East, 22.99 feet; thence South 10 degrees 20 minutes 05 seconds East, 68.10 feet; thence North 89 degrees 01 minutes 47 seconds West, 15.30 feet to the Point of Beginning. Containing 0.02 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 22 Temporary Construction Easement

A part of Lot 81 & 82, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Beginning at the Southwest corner of said Lot 81; thence North 02 degrees 05 minutes 20 seconds East, 29.64 feet; thence North 30 degrees 23 minutes 20 seconds East, 19.65 feet; thence South 10 degrees 20 minutes 05 seconds East, 47.68 feet; thence North 89 degrees 01 minutes 47 seconds West, 19.58 feet to the Point of Beginning. Containing 0.01 acres, more or less and subject to any easements.

 

Also as part of said Lot 81 & 82 as described as follows:

 

Commencing at the Southwest corner of said Lot 81; thence South 89 degrees 01 minutes 47 seconds East, 34.88 feet to the Point of Beginning; thence North 10 degrees 20 minutes 05 seconds West, 68.10 feet; thence North 30 degrees 23 minutes 20 seconds East, 26.82 feet; thence South 10 degrees 20 minutes 05 seconds East, 91.93 feet; thence North 89 degrees 01 minutes 47 seconds West, 17.85 feet to the Point of Beginning. Containing 0.03 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 34 Standard Sewer Easement

A part of Lot 15, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing 10.00 feet North of the Southeast corner of said Lot 15; thence North 87 degrees 54 minutes 40 seconds West, 2.50 feet; thence North 02 degrees 05 minutes 20 seconds East, 92.17 feet; thence North 11 degrees 14 minutes 13 seconds West, 31.26 feet; thence South 87 degrees 54 minutes 40 seconds East, 9.70 feet; thence South 02 degrees 05 minutes 20 seconds West, 122.50 feet to the Point of Beginning. Containing 0.01 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 34 Temporary Construction Easement

A part of Lot 15, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Beginning 10.00 feet North and 2.50 feet West of the Southeast corner of said Lot 15; thence North 87 degrees 54 minutes 40 seconds West, 17.50 feet; thence North 02 degrees 05 minutes 20 seconds East, 90.13 feet; thence North 11 degrees 14 minutes 13 seconds West, 33.36 feet; thence South 87 degrees 54 minutes 40 seconds East, 17.98 feet; thence South 11 degrees 14 minutes 13 seconds East, 31.26 feet; thence South 02 degrees 05 minutes 20 seconds West, 92.17 feet to the Point of Beginning. Containing 0.05 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 35 Standard Sewer Easement

A part of Lot 15, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Commencing 132.50 feet North of the Southeast corner of said Lot 15; thence North 87 degrees 54 minutes 40 seconds West, 9.70 feet; thence North 11 degrees 14 minutes 13 seconds West, 136.17 feet; thence South 87 degrees 54 minutes 40 seconds East, 15.42 feet; thence South 11 degrees 14 minutes 13 seconds East, 111.39 feet; thence South 02 degrees 05 minutes 20 seconds West, 24.11 feet to the Point of Beginning. Containing 0.05 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

TRACT 35 Temporary Construction Easement

A part of Lot 15, ASHLAND RIDGE SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri described as follows:

 

Beginning 132.50 feet North and 9.70 feet West of the Southeast corner of said Lot 15; thence North 87 degrees 54 minutes 40 seconds West, 17.98 feet; thence North 11 degrees 14 minutes 13 seconds West, 136.17 feet; thence South 87 degrees 54 minutes 40 seconds East, 17.98 feet; thence South 11 degrees 14 minutes 13 seconds East, 136.17 feet to the Point of Beginning. Containing 0.05 acres, more or less and subject to any easements.

 

Also: a part of said Lot 15 described as follows:

 

Beginning 156.70 feet North of the Southeast corner of said Lot 15; thence North 11 degrees 14 minutes 13 seconds West, 111.39 feet; thence South 87 degrees 54 minutes 40 seconds East, 17.98 feet; thence South 11 degrees 14 minutes 13 seconds East, 33.36 feet; thence South 02 degrees 05 minutes 20 seconds West, 75.93 feet to the Point of Beginning. Containing 0.03 acres, more or less and subject to any easements.

 

Basis of Bearings are Grid Bearings taken from KC Metro Station JA-101, 1989

Section 4. Compensation. That just compensation for the properties to be condemned and taken as aforesaid 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, Jackson County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86 of the Missouri Rules of Civil Procedure.

Section 5. Pending acquisition of the above described easements by condemnation, the Director of City Development is hereby authorized to purchase said easements and to pay for them out of funds available or to be made available. The City Attorney is hereby authorized and directed to file the petition for condemnation on behalf of the City in the Jackson County Circuit Court. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 6. 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 Jackson County, Missouri.


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Approved as to form and legality:

 

 

_________________________________

Theodore T. Anderson

Assistant City Attorney