ORDINANCE NO. 000049
Authorizing
a Modification of Right of Way Agreement with Missouri Gas Energy for a 100
foot strip easement for construction and maintenance of pipe line and related
appurtenances on property commonly known as Tract 60, southeast of the
I-29/I-435 intersection and Mexico City Avenue, currently under condemnation by
the City.
WHEREAS,
MGE is the holder of a Right of Way Agreement (the Original Easement) from
Oba Bullock to Gas Service Company, a Delaware corporation, dated August 6,
1955, and recorded in the office of the Recorder of Deeds of Platte County,
Missouri, on September 24, 1955, in Book 189 at page 499 as Document No. 26770,
(as assigned to the Southern Union Company by instrument filed February 4,
1994, in Book 0806, page 902, as Document No. 0002118), covering certain
property in Platte County, Missouri, described as 91.55 acres off the east side
of the Northwest Quarter of Section 15; also 36.683 acres off the west side of
the Northeast Quarter of Section 15, all in Township 52 North, Range 34 West;
and
WHEREAS,
a portion (herein referred to as Tract 60") of the above property is the
subject of a Petition in Condemnation, Case No. 99CC01822 in the Circuit Court
of Platte County, Missouri, styled City of Kansas City, Missouri v. Todd
Creek Limited Partnership, et al.; and
WHEREAS,
MGE is a defendant in the above condemnation action and is releasing their
blanket easement and accepting a 100 foot easement; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That the Director of Aviation is hereby authorized to execute a
Modification of Right of Way Agreement with Missouri Gas Energy for a 100 foot
strip easement for construction and maintenance of pipe line and related
appurtenances on property commonly known as Tract 60, when the City acquires
title to the property pursuant to the above condemnation action. The property
and right of way are legally described on the Modification of Right of Way
Agreement attached hereto and incorporated herein.
_____________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney