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