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Legislation #: 050210 Introduction Date: 2/24/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent, and temporary sewer rights-of-way on private properties for the construction and maintenance of sanitary sewers in the areas of 82nd Street and James A. Reed Road (SD 11031-11036), and 83rd Street and Oldham Road (SD 11023 and 11047), in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
2/23/2005 Filed by the Clerk's office
2/24/2005 Referred to Operations Committee
3/9/2005 Do Pass
3/10/2005 Assigned to Third Read Calendar
3/17/2005 Passed

View Attachments
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050210.pdf Recorded Info 502K Recorded Ordinance
050210.pdf Authenticated 373K Authenticated
Factsheet 3450.xls Fact Sheet 30K fact sheet

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ORDINANCE NO. 050210

 

Condemning and taking permanent and temporary sewer rights-of-way on private properties for the construction and maintenance of sanitary sewers in the areas of 82nd Street and James A. Reed Road (SD 11031-11036), and 83rd Street and Oldham Road (SD 11023 and 11047), in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that permanent sewer easements must be condemned for the purpose of locating, constructing and maintaining district sanitary sewers to serve Sewer Districts 11031 - 11036, and Sewer Districts 11023 and 11047, in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Standard Sewer Easements: 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, for Sewer District 11023, and Sewer District 11047, also Sewer Districts 11031 11036, in Kansas City, Jackson County, Missouri, and as shown in file number 2003-055A, which is on file in the office of the Director of Public Works

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 Kansas City or its authorized agents, servants, employees or contractors 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.


Kansas City 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 Kansas City or its agents entered upon it, and said temporary easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works.

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:

TRACT NO. 1A Standard Sewer Easement

All that part of a tract of land 15.00 feet in width lying 7.50 feet on each side of the following described centerline and being a portion of a tract of land as described in Book I-903, at Page 1826 in the Southwest Quarter of Section 18, Township 48 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri said centerline being more particularly described as follows:

 

Commencing at the Northwest Corner of the Southwest Quarter of said Section 18; THENCE South 021411 West along the West line of said Southwest Quarter, a distance of 478.20 feet; THENCE South 874549 East and normal to said West line, a distance of 648.61 feet to a point lying on the Westerly line of said tract in Book I-903, at Page 1826 and the POINT OF BEGINNING; THENCE South 333520 East, a distance of 129.07 feet, to a point lying on the Southerly line of said tract in Book I-903, at Page 1826 and the POINT OF TERMINUS and containing 1,901 square feet or 0.0436 acres more or less except that part in existing sewer easement. The outer limits of said easement are to be lengthened or shortened, as necessary, to terminate on the northerly and southerly lines of said tract in Book I-903, at Page 1826.

TRACT NO. 1A Temporary Construction Easement

All that part of a tract of land 50.00 feet in width lying 25.00 feet on each side of the following described centerline and being a portion of a tract of land as described in Book I-903, at Page 1826 in the Southwest Quarter of Section 18, Township 48 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri said centerline being more particularly described as follows:

 


Commencing at the Northwest Corner of the Southwest Quarter of said Section 18; THENCE South 021411 West along the West line of said Southwest Quarter, a distance of 478.20 feet; THENCE South 874549 East and normal to said West line, a distance of 648.61 feet to a point lying on the Westerly line of said tract in Book I-903, at Page 1826 and the POINT OF BEGINNING; THENCE South 333520 East, a distance of 129.07 feet, to a point lying on the Southerly line of said tract in Book I-903, at Page 1826 and the POINT OF TERMINUS and containing 4,328 square feet or 0.0994 acres more or less and does not include that part in existing sewer easement or in Permanent Easement.

TRACT NO. 5 Standard Sewer Easement

All that part of a tract of land 15.00 feet in width and lying 10.00 feet on the East and 5.00 feet on the West of the following described centerline and being a portion of a tract of land as described in Book I-952, at Page 1436 and lying West of and adjacent to LOT 24, and LOT 35, HAWTHORNE ACRES, said centerline being more particularly described as follows;

 

Commencing at the Northwest Corner of said LOT 24, HAWTHORNE ACRES; THENCE N875558 West along the North line of said described tract in Book I-952, at Page 1436, a distance of 10.00 feet to the POINT OF BEGINNING; THENCE South 021646 West and parallel with the East line of said described tract and the West line of said LOT 24, HAWTHORNE ACRES, a distance of 152.39 feet to the South line of said described tract in Book I-952, at Page 1436 and the POINT OF TERMINUS.

 

AND ALSO

 

All that part of a tract of land 15.00 feet in width, lying 7.50 feet on each side of the following described centerline, and being a portion of said tract as described in Book I-952, at Page 1436, and West of and adjacent to LOT 35, HAWTHORNE ACRES said centerline being more particularly described as follows:

 

Commencing at the Northwest Corner of said LOT 35, HAWTHORNE ACRES; THENCE South 021646 West along the West line of said LOT 35, and the East line of said tract in Book I-952, at Page 1436, a distance of 10.00 feet to the

 

POINT OF BEGINNING; THENCE North 875556 West, a distance of 95.05 feet to the West line of said described tract in Book I-952, at Page 1436, said point herein described as POINT A and the POINT OF TERMINUS.

 


AND ALSO

 

Commencing at the above described POINT A; THENCE South 021553 West, along the West line of said described tract in Book I-952, at Page 1436, a distance of 187.68 feet to the POINT OF BEGINNING; Thence South 470025 East, a distance of 7.20 feet to a point lying on the South line of said tract as described in Book I-952, at Page 1436 and the POINT OF TERMINUS and containing 3,836 square feet or 0.0880 acres more or less.

 

The outer limits of said easement are to be lengthened or shortened, as necessary, to terminate on the North, South, East and West lines of said tract as described in Book I-952, at Page 1436.

TRACT NO. 5 Temporary Construction Easement

All that part of a tract of land as being a portion of that tract described in Book I-952, at Page 1436 said tract being more particularly described as follows:

BEGINNING at the Northwest Corner of said LOT 24,, HAWTHORNE ACRES and also the Northeast Corner of said tract as described in Document # 2001I-0068876; THENCE South 021646 West along the East line of said tract and the West line of said LOT 24, a distance of 152.39 feet; THENCE North 875556 West, along the southerly line of said tract and the North line of LOT 35, HAWTHORNE ACRES, a distance of 100.00 feet; THENCE South 021646 West along the East line of said described tract, a distance of 35.00 feet; THENCE North 875556 West, a distance of 79.74 feet; THENCE South 013457 West, a distance of 144.40 feet; THENCE South 470025 East, a distance of 35.10 feet to a point lying on the South line of said described tract in Document # 2001I-0068876; THENCE North 875556 West, along said South line, a distance of 26.71 feet; THENCE North 470025 West, a distance of 22.31 feet to a point lying on the West line of said described tract in Document # 2001I-0068876; THENCE North 021553 East along said West line, a distance of 202.78 feet; Thence South 875556 East, a distance of 172.56 feet; THENCE North 021646 East, a distance of 133.79 feet to a point lying on the Northerly line of said described tract; THENCE Northeasterly and along a curve to the left, having a Initial Tangent bearing of North 21572 East, a radius of 40.00 feet, a central angle of 052439, a arc length of 3.78 feet to the North line of said described tract in Document # 2001I-0068876; THENCE South 875556 East along said North line, a distance of 21.40 feet to the point of beginning and containing 8,537 square feet or 0.1959 acres more or less and does not include that part in Permanent Easement.


TRACT NO. 13 Temporary Construction Easement

All that part of the South 5.00 feet of LOT 26, HAWTHORNE ACRES, according to the recorded plat thereof, in Kansas City, Jackson County, Missouri, and containing 500 square feet or 0.0115 acres more or less except that part in existing utility easement.

TRACT NO. 23 Standard Sewer Easement

All of the East 10.00 feet of the West 15.00 feet of the North 17.54 feet of LOT 20, HAWTHORNE ACRES, according to the recorded plat thereof, in Kansas City, Jackson County, Missouri and containing 175.40 square feet or 0.0040 acres more or less, except that part lying in the existing utility easement.

 

The outer limits of said easement are to be lengthened or shortened, as necessary, to terminate on the property lines of the above described lot.

TRACT NO. 23 Temporary Construction Easement

All of the West 35.00 feet of the North 35.04 feet of LOT 20, HAWTHORNE ACRES, except the west 5.00 feet and the north 17.54 feet of the east 10.00 feet of the west 15.00 feet according to the reported plat thereof, in Kansas City, Jackson County, Missouri and containing 964 square feet or 0.0221 acres more or less.

TRACT NO. 24 Standard Sewer Easement

All that part of the north 12.5 acres of the southeast quarter of the southwest quarter of Section 18, Township 48, Range 32, a tract of land as described in Document # 1999I-0090230 in the City, of Kansas City, Jackson County, Missouri and being more particularly described as follows:

 

All of the South 15.00 feet of the West 606.92 feet of the East 777.96 feet of said Described tract in Document #1999I-0090230.

 


AND ALSO

 

A tract of land 15.00 feet in width lying 7.50 feet on each side of the following described centerline and being a portion of said tract in Document # 1999I-0090230, said centerline being more particularly described as follows: Commencing at the Northeast Corner of LOT 1, RESURVEY of HILLCREST VIEW, according to the recorded plat thereof; THENCE North 874622 West along the North line of said LOT 1 and the South line of said Described tract in Document #1999I-0090230, a distance of 176.01 feet; THENCE North 020907 East, a distance of 10.00 feet; THENCE North 874622 West, a distance of 442.69 feet; THENCE North 874015 West, a distance of 154.23 feet to the POINT OF BEGINNING; THENCE North 245053 East, a distance of 346.42 feet; THENCE North 470025 West, a distance of 130.73 feet to a point lying on the North line of said described tract in Document #1999I-0090230 and the POINT OF TERMINUS and containing 16,281 square feet or 0.3738 acres more or less and does not include any part in Permanent Easement.

The outer limits of said easement are to be lengthened or shortened, as necessary, to terminate on the north and south lines of said tract in Document # 1999I-0090230

TRACT NO. 24 Temporary Construction Easement

All that part of the North 12.5 acres of the southeast quarter of the southwest quarter of Section 18, Township48, Range 32, a tract of land as described in Document # 1999I-0090230 in the City, of Kansas City, Jackson County, Missouri, and being more particularly described as follows:

 

All of the South 35.00 feet of the West 646.92 feet of the East 797.96 feet of said Described tract in Document #1999I-0090230.

 

AND ALSO

 

A tract of land 50.00 feet in width lying 25.00 feet on each side of the following described centerline and being a portion of said tract in Document # 1999I-0090230, said centerline being more particularly described as follows:


Commencing at the Northeast Corner of LOT 1, RESURVEY of HILLCREST VIEW, according to the recorded plat thereof; THENCE North 874622 West along the North line of said LOT 1 and the South line of said Described tract in Document #1999I-0090230, a distance of 176.01 feet; THENCE North 020907 East, a distance of 10.00 feet; THENCE North 874622 West, a distance of 442.69 feet; THENCE North 874015 West, a distance of 154.23 feet to the POINT OF BEGINNING; THENCE North 245053 East, a distance of 346.42 feet; THENCE North 470025 West, a distance of 130.73 feet to a point lying on the North line of said described tract in Document #1999I-0090230 and the POINT OF TERMINUS and containing a total area of 28,911 square feet or 0.6637 acres more or less and does not include that part in Permanent Easement.

 

The outer limits of said easement are to be lengthened or shortened, as necessary, to terminate on the north and south lines of said tract in Document # 1999I-0090230

Section 2. Compensation. That just compensation for the easements, and lands 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 3. 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. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 4. 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, Jackson County, Missouri.

_________________________________________

Approved as to form and legality:

 

________________________________

Theodore T. Anderson

Assistant City Attorney