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Legislation #: 180508 Introduction Date: 7/12/2018
Type: Ordinance Effective Date: 7/27/2018
Sponsor: None
Title: Authorizing condemnation and taking of public and private property interests in Fee Simple for public use for a pump station facility and for Permanent Access Easement, Temporary Construction Easements and Permanent Utility Easements, for the construction, location and maintenance of Project No. 81000623, “Upper Rush Creek and Weatherby Lake No. 2 Pump Stations”, in the vicinity of N.W. Westside Drive, in Weatherby Lake, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Department of Water Services; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; directing the City Clerk to record this ordinance in the office of the Recorder of Deeds for Platte County, Missouri; and recognizing an accelerated effective date.

Legislation History
DateMinutesDescription
7/12/2018 Filed by the Clerk's office
7/12/2018 Referred to Transportation & Infrastructure Committee
7/19/2018 Do Pass as a Committee Substitute
7/19/2018 Assigned Third Read Calendar as Substituted
7/19/2018 Do Pass as a Committee Substitute
7/26/2018 Passed as Substituted

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180508.pdf Authenticated 452K Authentication
Weatherby Lake Condemnation Fact Sheet.xls Fact Sheet 55K Weatherby Lake Condemnation Ordinance Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180508

 

Authorizing condemnation and taking of public and private property interests in Fee Simple for public use for a pump station facility and for Permanent Access Easement, Temporary Construction Easements and Permanent Utility Easements, for the construction, location and maintenance of Project No. 81000623, “Upper Rush Creek and Weatherby Lake No. 2 Pump Stations”, in the vicinity of N.W. Westside Drive, in Weatherby Lake, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Department of Water Services; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; directing the City Clerk to record this ordinance in the office of the Recorder of Deeds for Platte County, Missouri; and recognizing an accelerated effective date.

 

WHEREAS, the Council finds that the property interests herein described must be condemned for public use for the “Upper Rush Creek and Weatherby Lake No. 2 Pump Stations” project in Weatherby Lake, Platte County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY, MISSOURI:

 

Section 1. That the property interests herein described are hereby authorized condemned and taken for public use in and upon the land hereinafter described for Project No. 81000623, “Upper Rush Creek and Weatherby Lake No. 2 Pump Stations”, including any necessary structures or appurtenances, all in Weatherby Lake, Platte County, Missouri.

 

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

 

Section 3. That the property interests obtained by condemnation shall be used by the City of Kansas City, Missouri for the location of improvements to be constructed thereon including any necessary structures, facilities, and appurtenances to it, and Kansas City or its authorized agents, employees or independent contractors, shall have the right to enter in or authorize the entry in and upon said properties for the purpose of constructing, reconstructing, maintaining, operating and repairing the following improvements:

 

Fee Simple

 

The fee simple shall be taken and used by the City of Kansas City, Missouri as the location of the Weatherby Lake No. 2 Pump Station to be constructed thereon including any necessary appurtenances to it.

 

Permanent Access Easement

 

The Permanent Access Easement shall be used by the City of Kansas City, Missouri for the location, construction and maintenance of an access drive and associated improved infrastructure to be constructed therein, including any necessary appurtenances thereto; and Kansas City, Missouri shall have the right to enter in or authorize the entry in and upon said easement for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements.

 

While nothing in the acquisition of this easement through eminent domain shall be construed so as to grant any right to the City which shall in any way interfere with the safe and unrestricted use by property owner or owners of the land adjacent to and above said easement, the property owner or owners shall not use nor attempt to use said property in such manner as would interfere with the proper, safe and continuous maintenance and use of said easement and specifically shall not build thereon or there over any structure which may interfere with the maintenance and use of said access drive.

 

Temporary Construction Easement

 

The Temporary Construction Easements shall be used by the City of Kansas City, Missouri or its authorized agents, servants, employees or independent contractors, during the construction of said project, for grading and sloping, removal of trees and shrubbery, removal and replacement of fencing, sidewalks and driveways, the storage of materials, the operation of equipment, and the movement of a working force.

 

The City of Kansas City, Missouri shall cause the surface of lands lying within said temporary construction easements to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon them. Temporary construction easements shall terminate three (3) years from the date said easement is acquired and recorded by the Recorder of Deeds in Platte County, or upon completion and acceptance of the improvements by the Director of the Department of Water Services, whichever occurs first.

 

Permanent Utility Easement

 

The Permanent Utility Easement shall be used by the City of Kansas City, Missouri or its authorized agents, servants, employees or independent contractors for the construction of sanitary sewer facilities, and shall include the right to go upon said easement to construct, maintain, operate and repair said sewer facilities as may be necessary.

 

By the granting of this Permanent Utility Easement, it shall not be construed to prohibit the landowner of said condemned property from the safe and unrestricted use of the land adjacent to and above said Permanent Utility Easement; provided, however, said easement shall be kept free from any structure or obstruction as would interfere with the proper, safe and continuous operation and maintenance of said facilities and specifically shall not build thereon or there over any structure which may interfere with the City entering upon said easement for the purpose of laying, constructing, reconstructing, operating, repairing, improving, and maintaining said sewer improvements and appurtenances.

 

The City of Kansas City, Missouri shall cause the surface of lands lying within the Permanent Utility Easement to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon it, with the exception of any sewer facilities or appurtenances thereto that may need to be upon said surface.

 

Section 4. That the private property is hereby authorized condemned and taken for public use and hereby described as follows:

 

Access Easement

 

All that part of the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of LOT 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00 degrees 03 minutes 44 seconds East, along the West line of said Lots and the Southerly extension thereof, a distance of 188.78 feet, to a point on the South edge of pavement of Westside Drive, as now exists at the time of this ordinance, said point being the point of beginning; thence North 78 degrees 57 minutes 55 seconds East, along the South edge of existing pavement, a distance of 47.64 feet; thence South 03 degrees 46 minutes 11 seconds West, departing the South edge of existing pavement, a distance of 36.50 feet, to a point on the South right of way line of said Westside Drive, as now established; thence South 76 degrees 13 minutes 26 seconds West, along said right of way line, a distance of 45.63 feet; thence South 77 degrees 18 minutes 05 seconds West, continuing along said South right of way line, a distance of 83.24 feet; thence North 03 degrees 46 minutes 56 seconds East, departing said South right of way line, a distance of 37.70 feet, to a point on the South edge of pavement of said Westside Drive; thence North 76 degrees 31 minutes 41 seconds East, along the South edge of existing pavement, a distance of 80.90 feet, to the point of beginning, containing 4,693.0 square feet or 0.11 acres, more or less.

 

Tract No. 1A

 

Fee Simple

 

A tract of land in the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof: thence South 00°03'44" East, along the West line of said Lots and the southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established; thence South 77 degrees 18 minutes 05 seconds West, along the South right of way line of said Westside Drive, a distance of 20.50 feet, to the point of beginning; thence South 00 degrees 03 minutes 44 seconds East, departing said South right of way line, a distance of 44.06 feet; thence South 68 degrees 05 minutes 01 seconds East, a distance of 47.59 feet; thence South 03 degrees 46 minutes 11 seconds West, a distance of 21.17 feet; thence North 86 degrees 14 minutes 42 seconds West, a distance of 93.35 feet; thence North 03°46'56" East, a distance of 66.63 feet, to a point on the South right of way line of said Westside Drive; thence North 77 degrees 18 minutes 05 seconds East, a distance of 47.10 feet, to the point of beginning, containing 4,774.9 square feet or 0.11 acres, more or less.

 

Temporary Construction Easement (3 year duration)

 

A strip of land in the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00 degrees 03 minutes 44 seconds East, along the West line of said Lots and the southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established; thence South 77 degrees 18 minutes 05 seconds West, along the South right of way line of said Westside Drive, a distance of 20.50 feet; thence South 00 degrees 03 minutes 44 seconds East, departing said South right of way line, a distance of 44.06 feet; thence South 68 degrees 05 minutes 01 seconds East, a distance of 47.59 feet, to the point of beginning; thence continuing South 68 degrees 05 minutes 01 seconds East, a distance of 15.79 feet; thence South 03 degrees 46 minutes 11 seconds West, a distance of 36.25 feet; thence North 86 degrees 14 minutes 42 seconds West, a distance of 123.36 feet; thence North 03 degrees 46 minutes 56 seconds East, a distance of 82.20 feet, to a point on the South right of way line of said Westside Drive; thence North 77 degrees 18 minutes 05 seconds East, along said right of way line, a distance of 15.64 feet; thence South 03 degrees 46 minutes 56 seconds West, departing said right of way line, a distance of 66.63 feet; thence South 86 degrees 14 minutes 42 seconds East, a distance of 93.35 feet; thence North 03 degrees 46 minutes 11 seconds East, a distance of 21.17 feet, to the point of beginning, containing 3,714.1 square feet or 0.08 acres, more or less.

 

Tract No. 2A

 

Fee Simple

 

A tract of land in the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00°03'44" East, along the West line of said Lots and the Southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established, said point also being the point of beginning; thence continuing South 00 degrees 03 minutes 44 seconds East, departing said South right of way line, a distance of 35.05 feet, to a point on the old shoreline of Weatherby Lake, as determined by this surveyor; thence South 68 degrees 05 minutes 01 seconds East, a distance of 27.54 feet; thence South 03 degrees 46 minutes 11 seconds West, departing said old shoreline, a distance of 21.05 feet; thence North 68 degrees 05 minutes 01 seconds West, a distance of 47.59 feet; thence North 00 degrees 03 minutes 44 seconds West, a distance of 44.06 feet, to a point on the South right of way line of said Westside Drive; thence North 77 degrees 18 minutes 05 seconds East, a distance of 20.50 feet, to the point of beginning, containing 1,542.4 square feet or 0.04 acres, more or less.

 


 

Temporary Construction Easement (3 year duration)

 

A strip of land in the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00 degrees 03 minutes 44 seconds East, along the West line of said Lots and the Southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established; thence continuing South 00 degrees 03 minutes 44 seconds East, departing said South right of way line, a distance of 35.05 feet, to a point on the old shoreline of Weatherby Lake, as determined by this surveyor; thence South 68 degrees 05 minutes 01 seconds East, a distance of 27.54 feet, to the point of beginning; thence continuing South 68 degrees 05 minutes 01 seconds East, a distance of 15.79 feet; thence South 03 degrees 46 minutes 11 seconds West, a distance of 21.05 feet; thence North 68 degrees 05 minutes 01 seconds West, a distance of 15.79 feet; thence North 03 degrees 46 minutes 11 seconds East, a distance of 21.05 feet, to the point of beginning, containing 315.9 square feet or 0.01 acres, more or less.

 

Tract No. 3A

 

Fee Simple

 

A tract of land in the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00 degrees 03 minutes 44 seconds East, along the West line of said Lots and the Southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established, said point also being the point of beginning; thence North 76 degrees 13 minutes 26 seconds East, along the South right of way line of said Westside Drive, a distance of 29.90 feet; thence South 03 degrees 46 minutes 11 seconds West, departing said right of way line, a distance of 52.56 feet; thence North 68 degrees 05 minutes 01 seconds West, a distance of 27.54 feet; thence North 00 degrees 03 minutes 44 seconds West, a distance of 35.05 feet, to the point of beginning, containing 1,196.9 square feet or 0.03 acres, more or less.

 

Temporary Construction Easement (3 year duration)

 

A strip of land in the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00 degrees 03 minutes 44 seconds East, along the West line of said Lots and the Southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established; thence North 76 degrees 13 minutes 26 seconds East, along the South right of way line of said Westside Drive, a distance of 29.90 feet, to the point of beginning; thence continuing North 76 degrees 13 minutes 26 seconds East, along the South right of way line of said Westside Drive, a distance of 15.73 feet; thence South 03 degrees 46 minutes 11 seconds West, departing said right of way line, a distance of 62.22 feet; thence North 68 degrees 05 minutes 01 seconds West, a distance of 15.79 feet; thence North 03 degrees 46 minutes 11 seconds East, a distance of 52.56 feet, to the point of beginning, containing 861.1 square feet or 0.02 acres, more or less.

 

Tract 3B

 

Permanent Utility Easement

 

A strip of land over a part of a tract of land described in Book 174 on Page 582, in the City of Weatherby Lake, Platte County, Missouri according to the recorded deed thereof, all in the Southeast Quarter of Section 10, Township 51, Range 34, more particularly described as follows:

 

Commencing at the Southwest Corner of Lot 3, Block O, Lakeview Subdivision, Platte County, Missouri, a subdivision of land in the City of Weatherby Lake, Platte County, Missouri according to the recorded plat thereof, said point also being on the North right of way line of Westside Drive, as now established; thence South 06 degrees 02 minutes 33 seconds West, departing said North right of way line, a distance of 50.00 feet, to a point on the South right of way line of said Westside Drive, said point also being the point of beginning; thence South 83 degrees 57 minutes 27 seconds East, along said South right of way line, a distance of 100.11 feet to a point of curvature; thence continuing along said right of way line Northeasterly along a curve to the left having a radius of 150.00 feet, a central angle of 38 degrees 15 minutes 14 seconds and an arc length of 100.15 feet; thence South 89 degrees 51 minutes 05 seconds East, departing said right of way line, a distance of 47.08 feet; thence North 01 degrees 19 minutes 28 seconds East, a distance of 49.12 feet, to a point on the East right of way line of said Westside Drive, said point also being a point of curvature; thence along said right of way Northeasterly along a curve to the left having an initial tangent bearing of North 31 degrees 17 minutes 58 seconds East, a radius of 150.00 feet, a central angle of 19 degrees 01 minutes 36 seconds and an arc length of 49.81 feet; thence South 28 degrees 55 minutes 11 seconds East, departing said right of way line, a distance of 39.53 feet; thence South 01 degrees 19 minutes 28 seconds West, a distance of 91.16 feet; thence North 89 degrees 51 minutes 05 seconds West, a distance of 255.90 feet; thence North 76 degrees 46 minutes 42 seconds West, a distance of 100.31 feet, to a point on the South right of way line of said Westside Drive; thence North 76 degrees 13 minutes 26 seconds East, along said right of way line, a distance of 9.61 feet; thence South 83 degrees 57 minutes 27 seconds East, along said right of way, a distance of 65.66 feet, to the point of beginning, containing 8,426.4 square feet or 0.19 acres, more or less.

 

Tract 4

 

Permanent Utility Easement

 

A strip of land in the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00 degrees 03 minutes 44 secibds East, along the West line of said Lots and the Southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established; thence North 76 degrees 13 minutes 26 seconds East, along the South right of way line of said Westside Drive, a distance of 29.90 feet, to the point of beginning; thence continuing North 76 degrees 13 minutes 26 seconds East, along the South right of way line of said Westside Drive, a distance of 76.57 feet; thence South 61 degrees 59 minutes 09 seconds West, departing said right of way line, a distance of 85.90 feet; thence North 03 degrees 46 minutes 11 seconds East, a distance of 22.16 feet, to the point of beginning, containing 808.9 square feet or 0.02 acres, more or less.

 

Overall Temporary Construction Easement (three year duration)

 

The Overall Temporary Construction Easement is a continuous legal description that is a combination of the corresponding Temporary Construction Easements for Tracts 1A, 2A and 3A. The legal description below is being included in this authorizing Ordinance to assure that there are no gaps or gores in those three separate segments of the Temporary Construction Easement. No additional property is being condemned below, but this legal description is being included for purposes of clarification of the property impacted on a temporary basis.

Temporary Construction Easement

 

A strip of land over part of the Southeast Quarter of Section 10, Township 51, Range 34, in the City of Weatherby Lake, Platte County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of Lot 1, Block "O", Lakeview, said point now being the Northwest corner of Tract A, Replat of Lots 1 & 2, Block "O", Lakeview, both subdivisions in the City of Weatherby Lake, Platte County, Missouri, according to the recorded plats thereof; thence South 00 degrees 03 minutes 44 seconds East, along the West line of said Lots and the Southerly extension thereof, a distance of 226.95 feet, to a point on the South right of way line of Westside Drive, as now established; thence North 76 degrees 13 minutes 26 seconds East, along the South right of way line of said Westside Drive, a distance of 29.90 feet, to the point of beginning; thence continuing North 76 degrees 13 minutes 26 seconds East, along said South right of way line, a distance of 15.73 feet; thence South 03 degrees 46 minutes 11 seconds West, departing the South right of way line of said Westside Drive, a distance of 119.52 feet; thence North 86 degrees 14 minutes 42 seconds West, a distance of 123.36 feet; thence North 03 degrees 46 minutes 56 seconds East, a distance of 82.20 feet, to a point on the South right of way line of said Westside Drive; thence North 77 degrees 18 minutes 05 seconds East, along said right of way line, a distance of 15.64 feet; thence South 03 degrees 46 minutes 56 seconds West, departing said South right of way line, a distance of 66.63 feet; thence South 86 degrees 14 minutes 42 seconds East, a distance of 93.35 feet; thence North 03 degrees 46 minutes 11 seconds East, a distance of 94.78 feet, to the point of beginning, containing 4,891.1 square feet or 0.11 acres, more or less.

 

Section 5. That just compensation for the property interests 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 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 or to be appropriated for such purposes.

 

Section 6. That pending the acquisition of said lands by condemnation, the Director of the Department of Water Services is hereby authorized to negotiate the purchase of said land and pay for them out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by negotiation and purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

 

Section 7. That said tracts and interests 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 Platte County, Missouri.

 

Section 9. That this ordinance is recognized as having an accelerated effective date within the provisions of Section 503(a)(3)(D) of the City Charter in that it relates to the design, repair, maintenance, or construction of a public improvement.

 

__________________________________________

 

Approved as to form and legality:

 

 

______________________________

Matthew Cooper

Assistant City Attorney