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Legislation #: 980320 Introduction Date: 3/26/1998
Type: Ordinance Effective Date: 4/12/1998
Sponsor: None
Title: Condemning and taking permanent sewer easements and temporary construction easements for construction on private property for the construction, operation, and maintenance of a new river outfall sewer and sanitary diversion structure, extending generally north and northwest from the intersection of Chestnut Trafficway and Owen Avenue to the Missouri River; and providing for payment of just compensation therefore, all in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
3/26/1998

Prepare to Introduce

3/26/1998

Referred Planning, Zoning & Economic Development Committee

4/1/1998

Advance and Do Pass

4/2/1998

Passed


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ORDINANCE NO. 980320

 

Condemning and taking permanent sewer easements and temporary construction easements for construction on private property for the construction, operation, and maintenance of a new river outfall sewer and sanitary diversion structure, extending generally north and northwest from the intersection of Chestnut Trafficway and Owen Avenue to the Missouri River; and providing for payment of just compensation therefore, all in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that for the public good, permanent sewer easements and temporary construction easements for construction on private property, must be condemned for the purpose of locating, constructing, operating, and maintaining sewer improvements extending generally north and northwest from the intersection of Chestnut Trafficway and Owen Avenue to the Missouri River, in Kansas City, Jackson County, Missouri; and

 

WHEREAS, the Council further finds the Director of Public Works, as evidenced by his Declaration of Necessity No. 5088 adopted and entered March 19, 1998, has caused the plans and specifications for the improvements, to be known as NEID Chestnut Stormwater Outfall, to be prepared and also has determined that certain lands and easements, all herein described, must be acquired in connection with the making of the improvements provided for and authorized therein; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permanent sewer easements and temporary construction easements for construction on private property are hereby condemned and taken for public use for the location, construction, reconstruction, operation, maintenance and repair of sewer facilities in and upon the lands hereinafter described.

 

The permanent sewer easement shall be used by Kansas City as a perpetual and assignable right and easement to construct, operate, maintain, repair, and reconstruct sewer and drainage improvements and any and all appurtenances incidental thereto in, under, upon, over and through the following described tracts. Kansas City, its heirs and assigns, shall have the right at all times of ingress and egress on and over said permanent easements, herein described, to inspect, construct, maintain and repair the said facilities, and to remove and replace fences, as may be necessary in the exercise of said work of improvement; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without obstructing the planned flow or interfering with or abridging the rights and easement hereby acquired.

 

The temporary easements shall be used by Kansas City or its authorized agents, servants, employees, or contractors during construction for the temporary storage of materials including excavated earth, the operation of equipment, the movement of a working force, construction of a temporary levee and road, removal of structures, trees, and shrubs; removal and replacement of fencing, and utility construction work. 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 them. Upon completion of construction of the sewer improvement, all said temporary easements and rights therein shall cease and no longer be in effect.

 

The permanent sewer easements and temporary easements for construction hereby condemned and taken are described as follows:

 

TRACT NO. A-1 TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

A portion of Lots 26, 27, 28, 34 and 35, Plat of the Lands of Joseph Guinotte, also known as Hurcks Subdivision of Guinotte Farm, a subdivision in Kansas City, Jackson County, Missouri, commencing at the intersection of the east line of said Lot 28 and the south right of way line of Front Street, said point being the point of beginning of the herein described easement: thence south along the east line of Lots 28 and 34 a distance of 113.74 feet to a point hereinafter referred to as Point A; thence northeasterly along a line over and across a portion of Lots 35, 27 and 26 to the west right of way line of Kansas Avenue, said point being 61.98 feet south of the intersection of the west right of way line of Kansas Avenue with the south right of way line of Front Street, said point being hereinafter referred to as Point B; thence south along said west right of way line of Kansas Avenue to a point 15 feet south of and perpendicular to a line between Points A and B; thence southwesterly along a line 15 feet from and parallel to the aforementioned line between Points A and B to a point on the west line of the east 1/2 of said lot 34; thence north along said west line of the east 1/2 of Lot 34 to the south right of way line of Front Street; thence northeasterly along said south right of way line of Front Street to the point of beginning, except that part in said Lots 26, 27 and 28 and except that part in streets if any.

 

TRACT NO. A-2 - TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

A portion of Lots 26, 27, 28, 34 and 35, Plat of the Lands of Joseph Guinotte, also known as Hurcks Subdivision of Guinotte Farm, a subdivision in Kansas City, Jackson County, Missouri, commencing at the intersection of the east line of said Lot 28 and the south right of way line of Front Street, said point being the point of beginning of the herein described easement: thence south along the east line of Lots 28 and 34 a distance of 113.74 feet to a point hereinafter referred to as Point A; thence northeasterly along a line over and across a portion of Lots 35, 27 and 26 to the west right of way line of Kansas Avenue, said point being 61.98 feet south of the intersection of the west right of way line of Kansas Avenue with the south right of way line of Front Street, said point being hereinafter referred to as Point B; thence south along said west right of way line of Kansas Avenue to a point 15 feet south of and perpendicular to a line between Points A and B; thence southwesterly along a line 15 feet from and parallel to the afore mentioned line between Points A and B to a point on the west line of the east 1/2 of said Lot 34; thence north along said west line of the east 1/2 of Lot 34 to the south right of way line of Front Street; thence northeasterly along said south right of way line of Front Street to the point of beginning, except that part in said Lots 26, 28, 34 and 35 and except that part in streets if any.

 

TRACT B - PERMANENT EASEMENT

 

A Permanent Easement over, under, upon and across the following described land:

A portion of Lots 33 and 34, plat of lands of Joseph Guinotte, also known as Hurcks Subdivision of Guinotte Farm, a subdivision in Kansas City, Jackson County, Missouri and described as follows: commencing at a 1/2" bar at the north west corner of the southwest quarter of Section 27 Township 50 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Jackson County, Missouri, said point being referenced in Missouri Department of Natural Resources, certified land corner the survey centerline of said easement is located, in Lots 33 and 34, plat of the lands of Joseph Guinotte, also known as Hurck's Subdivision of Guinotte Restoration form 600-52450, and having a State Plane Coordinate of north 328656.897 east 845636.268, Missouri Coordinate System 1983 (metric) west zone, thence east along the north line of said southwest quarter on a grid bearing of S 8721'53"E, a distance of 369.24 feet, to the point of beginning of said survey centerline; thence southeast along said centerline, with a bearing of S 3003'50" E, a distance of 185.72 feet, to a point hereinafter being referred to as Point "A"; thence continuing southeast along said centerline with a bearing of S 3003'50" E, a distance of 22.38 feet, to a point hereinafter referred to as Point "B"; thence continuing along said centerline with a bearing of S 3003'50" E a distance of 289.80 feet, to a point hereinafter referred to as Point "C"; thence south with a bearing of S 210'17" W to the south line of said Lot 34, said point being hereinafter referred to as Point "D". The land for permanent easement lying on the left (east) side of said centerline being 50 feet at right angles to said centerline, from the south line of Front Street and on the right side of said centerline being 55 feet at right angles to said centerline, from the south line of Front Street; thence narrowing to a width of 39.50 feet on the left and right sides of said centerline at said Point "A"; thence narrowing abruptly to a width of 21.00 feet on each side of said centerline at said Point A and continuing as such to said Point "B"; thence narrowing abruptly to a width of 10.00 feet on each side of said centerline at said Point "B" and continuing as such to the north right of way line of the Kansas City Southern Railroad.

 

TRACT B - TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

A portion of Lots 33 and 34, Plat of Lands of Joseph Guinotte, also known as Hurcks Subdivision of Guinotte Farm, a subdivision in Kansas City, Jackson County, Missouri, commencing at the intersection of the west line of said Lot 34 and the south right of way line of Front Street, said point being the point of beginning of the herein described easement; thence northeasterly along said right of way line to the east line of the west 1/2 of said Lot 34; thence south along said east line to the north line of the Kansas City Southern Railroad right of way; thence southwesterly along said north right of way line crossing a portion of said Lots 34 and 33 to a point 145.35 feet east of and perpendicular to the west line of said Lot 33; thence northwesterly to a point 10 feet southeasterly of and perpendicular to the right of way line of Front Street, said point being 70.71 feet east of and perpendicular to the west line of said Lot 33; thence southwesterly on a line 10 feet from and parallel to the south right of way line of front street to a point on the west line of said Lot 33; thence north along said west line to the south right of way line of Front Street; thence northeasterly along said right of way line to the point of beginning; except that portion in permanent right of way.

 

TRACT E - PERMANENT EASEMENT

 

A Permanent Easement over, under, upon and across the following described land:

The survey centerline of said easement is located, in Lots 33 and 34, Plat of the Lands of Joseph Guinotte, also known as Hurck's Subdivision of Guinotte Farm, a subdivision in Kansas City, Jackson County, Missouri and described as follows: beginning at a 1/2" bar at the north west corner of the southwest quarter of Section 27 Township 50 North, Range 33 west of the 5th Principal Meridian, in Kansas City, Jackson County, Missouri, said point being referenced in Missouri Department of Natural Resources, certified land corner restoration form 600-52450, and having a State Plane Coordinate of north 328656.897 east 845636.268, Missouri Coordinate System 1983 (metric) west zone, thence east along the north line of said southwest quarter on a grid bearing of S 8721'53" E, a distance of 369.24 feet, to the point of beginning of said survey centerline; thence southeast along said centerline, with a bearing of S 3003'50" E, a distance of 185.72 feet, to a point hereinafter being referred to as Point "A"; thence continuing southeast along said centerline with a bearing of S 3003'50" E, a distance of 22.38 feet, to a point hereinafter referred to as Point "B"; thence continuing along said centerline with a bearing of S 3003'50" E a distance of 289.80 feet, to a point hereinafter referred to as Point "C"; thence south with a bearing of S 210'17" W, to the south line of said Lot 34, said point being hereinafter referred to as Point "D".

 

The land for permanent easement lying adjacent on the right side of said centerline from the south right of way line of the Kansas City Southern Railroad, to the south line of said Lot 34, being 10 feet in width. The land for permanent easement lying on the left side of said centerline commencing at said Point "C", said point being the point of beginning of the herein described easement; thence northwesterly along said centerline to its intersection with the south right-of- way line of the Kansas City Southern Railroad; thence northeasterly along said south right-of-way line to a point 10 feet from and perpendicular to said centerline; thence southeasterly on a line 10 feet from and parallel to said centerline to the east line of the west 1/2 of said Lot 34; thence south along said east line to the southeast corner of the west 1/2 of said Lot 34; thence west along the south line of said Lot 34 to Point "D"; thence north along said centerline to the point of beginning.

 

TRACT E - TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

The west 1/2 of Lot 34 together with the east 44 feet of Lot 33, Plat of Lands of Joseph Guinotte, also known as Hurcks Subdivision of Guinotte Farm, a subdivision in Kansas City, Jackson County, Missouri, lying south of the south right of way line of the Kansas City Southern Railroad, except that part in permanent easement.

 

Section 2. Just Compensation. That just compensation for the lands and tracts of property taken or damaged herein shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City in cash from funds appropriated or to be appropriated for the said purpose; and the proceedings for taking or damaging the aforesaid property shall be instituted in one or more actions and shall be prosecuted in the Circuit Court of Jackson County, Missouri, pursuant to the provisions 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 such rights-of-way and 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 condemnation proceedings.

 

This ordinance is recommended for passage by the Director of Public Works.

 

 

Approved:

 

 

_______________________ ___________________________

Stanley J. Harris, P.E. George E. Wolf, Jr., P.E.

City Engineer Director of Public Works

 

 

Approved as to form and legality:

 

 

 

_______________________________

Assistant City Attorney