ORDINANCE NO. 050628
Condemning and taking private
property for public purpose for storm drainage easements, and temporary
easements for storm drainage project No. 3543 in the vicinity of N. Stoddard Avenue and N.W. 79th Street in Kansas City, Platte County, Missouri.
WHEREAS, the
Council finds that permanent sewer, and temporary construction easements must
be condemned for the purpose of locating, constructing and maintaining storm
sewers in the vicinity N. Stoddard and N.W. 79th Street in Kansas City, Platte
County, Missouri; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1.
Condemnation of Storm Drainage, and Temporary Easements: That storm drainage,
and temporary easements are hereby condemned and taken for public use for the
location, construction, reconstruction, maintenance, operation and repair of
storm sewers, in and upon the private lands hereinafter described, in Kansas
City, Platte County, Missouri, and as shown in file number 2004-366A, which is
on file in the office of the Director of Public Works
The storm
drainage easement shall be used by Kansas City as the permanent location of the
storm 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 storm drainage, and temporary
easements are hereby condemned and are described as follows:
Tract No. 6 Temporary Easement
All that part of Lot 15, Block 3, PLATTE RIDGE
SIXTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri,
according to the recording thereof, Beginning at a Point that is 5.00 feet East
of as measured perpendicular to the West line and 7.50 feet North of as
measured perpendicular to the South line of said Lot 15, thence North
0336'53" West, along a line that is 5.00 feet East of as measured
perpendicular to the West line of said Lot 15, a distance of 5.02 feet; thence
North 8628'25" East, a distance of 50.05 feet; thence South
0134'03" East, to a point that is 5.00 feet North of as measured
perpendicular to the South line and 54.79 feet East of as measured
perpendicular to the West line of said Lot 15, a distance of 7.36 feet; thence
along the North line of an existing Drainage Easement the following three
courses, South 8617'15" West, a distance of 14.30 feet; thence North
0342'45" West, a distance of 2.50 feet; thence South 8617'15" West,
a distance of 35.49 feet to the Point of Beginning. Containing 0.01 acres or
282.43 square feet more or less.
Tract No. 7 Storm Drainage
Easement
A parcel of land within Lot 28, Block 3, PLATTE RIDGE
SEVENTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri.
Described as follows: Commencing at the Southeast Corner of said Lot 28, Block
3, according to the recorded plat thereof; thence North 8457'38" West,
along the South line of said Lot 28, to a point on the Westerly line of an
existing Drainage and Utility Easement, a distance of 53.97 feet to the Point
of Beginning; thence continuing North 8457'38" West, along the South line
of said Lot 28, a distance of 17.16 feet; thence North 1157'32" East, to
a point on the Southwesterly line of an existing 15.00 foot Drainage Easement,
a distance of 33.15 feet; thence South 4604'41" East, along said
Southwesterly line of an existing 15.00 foot Drainage Easement to a point on
the West line of existing Drainage and Utility Easement, a distance of 12.36
feet; thence South 0300'45" East, a distance of 25.39 feet to the Point
of Beginning. Containing 0.01 acres or 389.37 square feet more or less.
And
also:
A parcel of land within Lot 28, Block 3, PLATTE RIDGE
SEVENTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri.
Described as follows: Commencing at the Northeast corner of said Lot 28,
according to the recorded plat thereof, thence North 8935'43" West, along
the North line of said Lot 28, a distance of 52.63 feet; thence South
0300'45" West, to a point on the South line of a Existing 15.00 foot
Utility Easement and the West line of a existing Drainage and Utility Easement,
a distance of 7.51 feet to the Point of Beginning; thence continuing South
0300'45" East, along said existing Drainage and Utility Easement, a
distance of 25.71 feet; thence North 4604'41" West, along the
Northeasterly line of a 15.00 foot existing Drainage Easement, a distance of
17.34 feet; thence North 0920'30" East, to a point on the South line of
said existing 15.00 foot Utility Easement, a distance of 13.89 feet; thence
South 8935'43" East, a distance of 8.88 feet to the Point of Beginning. Containing
0.00 acres or 213.09 square feet more or less.
Tract No. 7 Temporary Easement
Commencing at the Southeast Corner of Lot 28,
Block 3, PLATTE RIDGE SEVENTH PLAT, a subdivision of land, in Kansas City,
Platte County, Missouri, According to the recorded plat thereof, thence North
8457'38" West, along the South line of said Lot 28, a distance of 71.13
feet to the Point of Beginning; thence continuing North 8457'38" West,
along the South line of said Lot 28, a distance of 7.31 feet; thence North
0920'30" East, to a point on the Southwesterly line of an existing 15.00
foot Drainage Easement, a distance of 39.71 feet; thence South 4604'41"
East, along said Southwesterly line of an existing 15.00 foot Drainage
Easement, a distance of 10.69 feet; thence South 1157'32" West, a
distance of 33.15 feet to the Point of Beginning. Containing 0.01 acres or
294.92 square feet more or less.
Tract No. 21 Storm Drainage
Easement
A parcel of land within Lot 3, Block 3, PLATTE RIDGE
SIXTH PLAT, a subdivision of land, in Kansas City, Platte County, Missouri.
Described as follows:
Commencing at the
Southwest corner of said Lot 3, according to the recorded plat thereof; thence
South 7302'06" East, along the Southwesterly line of said Lot 3, to a
point on the Easterly line of an existing Drainage and Utility Easement, a
distance of 29.00 feet to the Point of Beginning; thence North 1640'46"
East, along said Easterly Drainage and Utility Easement line to a point on the
Northeasterly line of said Lot 3, a distance of 73.57 feet; thence South
6929'03" East, along the Northeasterly line of said Lot 3, a distance of
1.38 feet; thence South 1212'37" West, to a point on the Southwesterly
line of said Lot 3, a distance of 73.74 feet; thence North 7302'06" West,
along said Southwesterly line of said Lot 3, a distance of 7.12 feet to the
Point of Beginning. Containing 0.01 acres or 312.47 square feet more or less.
Tract No. 21 Temporary
Easement
Commencing at the Southwest corner of Lot 3,
Block 3, PLATTE RIDGE SIXTH PLAT, a subdivision of land, in Kansas City, Platte
County, Missouri, according to the recorded plat thereof, thence South
7302'06" East, along the Southwesterly line of said Lot 3, a distance of
36.12 feet to the Point of Beginning; thence North 1212'37" East, to a
point on the Northeasterly line of said Lot 3, a distance of 73.74 feet; thence
South 6929'03" East, along the Northeasterly line of said Lot 3, a
distance of 7.15 feet; thence South 1023'14" West, to a point on the
Southwesterly line of said Lot 3, a distance of 73.53 feet; thence North
7302'06" West, along the Southwesterly line of said Lot 3, a distance of
9.45 feet to the Point of Beginning. Containing 0.01 acres or 605.79 square
feet more or less.
Tract No. 25 Storm Drainage
Easement
All that part of Lot
19, PLATTE RIDGE FIFTH PLAT and Lot 20, Block 17, PLATTE RIDGE SIXTH PLAT,
subdivisions of land, in Kansas City, Platte County, Missouri, according to the
recorded plat thereof described as follows:
All of the East
10.00 of the West 45.00 feet of the South 59.00 feet of said Lot 19, and of the
East 10.00 of the West 45.00 feet of the North 7.00 feet of said Lot 20, containing 0.01 acres or 661.00 square feet more or less.
Tract No. 25 Temporary
Easement
All that part of Lot 19, Block 17, PLATTE RIDGE
FIFTH PLAT, and Lot 20, Block 17, PLATTE RIDGE SIXTH PLAT, a subdivision of
land, in Kansas City, Platte County, Missouri, according to the recorded plat
thereof described as follows:
All of the East 5.00 feet of the West 50.00 feet
of the South 59.00 feet of said Lot 19, and all of the East 5.00 feet of the
West 50.00 feet of the North 7.00 feet of said Lot 20, containing less than
0.01 acres or 330.05 square feet more or less.
Tract No. 29 Temporary
Easement
All of the West 7.00 feet of the East 42.00 feet
of Lot 25, Block 17, PLATTE RIDGE EIGHTH PLAT, a subdivision of land in Kansas
City, Platte County, Missouri, according to the recorded plat thereof, except
of that part in existing Utility Easement, containing 0.01 acres or 586.77
square feet more or less.
Tract No. 31 Temporary
Easement
All of the East 7.00 feet of the West 32.00 feet
of Lot 14, Block 17, PLATTE RIDGE FIFTH PLAT, a subdivision of land, in Kansas
City, Platte County, Missouri, according to the recorded plat thereof. containing
0.01 acres or 455.07 square feet more or less.
Tract No. 34 Temporary
Easement
All of the East 10.00 feet of the West 35.00 feet
of Lot 11, Block 17, PLATTE RIDGE FIFTH PLAT, a subdivision of land, in Kansas
City, Platte County, Missouri, according to the recorded plat thereof. except
for the South 5.00 feet of said Lot 11, containing 0.01 acres or 514.65 square
feet more or less.
Tract No. 41 Temporary
Easement
All of the Easterly 10.00 feet of the Westerly
35.00 feet of Lot 4, Block 17, PLATTE RIDGE FIFTH PLAT, a subdivision of land,
in Kansas City, Platte County, Missouri, according to the recorded plat
thereof, except for the South 5.00 feet of said Lot 4. Containing 0.01 acres or
596.01 square feet more or less.
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, Platte
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, Platte County, Missouri.
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Approved as to form and legality:
______________________________
Theodore T.
Anderson
Assistant City Attorney