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