ORDINANCE NO. 040889

Condemning and taking permanent and temporary storm drainage easements on private property for the construction of a storm sewer improvement for the properties of Plateau Park II, located between 5933 N.W. Hutson and 3406 N.W. 59th Terrace, all in Kansas City, Platte County, Missouri.

WHEREAS, the Council finds that permanent and temporary storm drainage easements must be condemned for the purpose of constructing storm sewer facilities generally located between 5933 N.W. Hutson and 3406 N.W. 59th Terrace, Plateau Park II in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY;

Section 1. That permanent and temporary storm drainage easements are hereby condemned and taken for public use for the construction of a storm drainage facility generally located between 5933 N.W. Hutson and 3406 N.W. 59th Terrace, Plateau Park II, in and upon the private lands hereinafter described, for the relief of storm water problems in Kansas City, Platte County, Missouri, and as shown in file number 2003-403, which is on file in the office of the Director of Public Works.

The permanent storm sewer easement shall be used by Kansas City as the permanent location of the storm sewer improvements to be constructed therein; and Kansas City shall have right to enter in or authorize the entry in and upon such easement for the purpose of constructing, reconstructing, maintaining, operating and repairing said storm drainage facilities or making connections thereto.

The temporary storm drainage easement shall be used by Kansas City as a temporary easement for grading and sloping, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force to construct the planned facility.

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, and said temporary easement 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 easement is taken and condemned, the right to use the land in any way which will not interfere with the proper, safe and continuous use of storm drainage facilities to be constructed in and upon such easement.

TRACT NO. 1 TEMPORARY CONSTRUCTION EASEMENT

All Lot 53, Plateau Park II, a subdivision in Kansas City, Platte County, Missouri described as follows:

Beginning at Southeast corner of the previously described tract; thence Northerly 51.3 feet along the East line of said tract; thence Westerly 10 feet perpendicular the East line of said tract, to West line of Utilities Easement, to the true point of beginning; thence North 21E2231 West a distance of 96.9 feet; thence North 68E2517 East a distance of 36.2 feet, to West line of Utilities Easement; thence Southerly to a point of beginning. Containing 736.61 square feet or 0.017 acres more or less, except that part in the described storm drainage easement.

TRACT NO. 2 TEMPORARY CONSTRUCTION EASEMENT

A part of Lot 51 and all Lot 52, Plateau Park II, a subdivision in Kansas City, Platte County, Missouri described as follows:

Beginning at Southwest corner of the previously described tract; thence Northeasterly 10.7 feet along the South line of said tract, along the North Right of Way of NW. 59th Terrace, to the East line of Utilities Easement, to the true point of beginning; thence Northerly 94.3 feet along East line of Utilities Easement; thence South 21E2231 East a distance of 90.8 feet, to South line of said tract, to a point on the North Right of Way of N.W. 59th Terrace; thence Westerly 33.1 feet along South line of said tract, along the North Right of Way of N.W. 59th Terrace, to a point of beginning. Containing 768.32 square feet or 0.018 acres more or less, except that part in the described storm drainage easement

TRACT NO. 1 PERMANENT STORM DRAINAGE EASEMENT

All Lot 53, Plateau Park II, a subdivision in Kansas City, Platte County, Missouri described as follows:

Starting at the Southeast corner of the previously described tract; thence Northerly 79.9 feet along the East line of said tract; thence Westerly 10 feet perpendicular to the East line of said tract, to the true point of beginning; thence North 21E2231 West a distance of 40.1 feet; thence South 68E2517 West a distance of 5 feet; thence North 21E2231 West a distance of 30 feet; thence North 68E2517 East a distance of 25 feet; thence South 21E2231 East a distance of 16.6 feet, to the West line of Utilities Easement; thence Southerly 57.2 feet along the West line of Utilities Easement, to a point of beginning. Containing 1017.04 square feet or 0.023 acres more or less and subject to any easements.

TRACT NO. 2 PERMANENT STORM DRAINAGE EASEMENT

A part of Lot 51 and all Lot 52, Plateau Park II, a subdivision in Kansas City, Platte County, Missouri described as follows:

Starting at the Southwest corner of the previously described tract; thence Northeasterly 10.7 feet along the South line of said tract, along the North Right of Way of N.W. 59th Terrace, to the East line of Utilities Easement, to the true point of beginning; thence Northerly 65.7 feet along East line of Utilities Easement; thence South 21E2231 East a distance of 62.9 feet, to a point on the South line of said tract, to a point on the North Right of Way of N.W. 59th Terrace; thence Westerly 23 feet along South line of said tract, along the North Right of Way of N.W. 59th Terrace, to a point of beginning. Containing 722.32 square feet or 0.017 acres more or less and subject to any easements.

Section 2. That just compensation for the easements and lands taken or damaged herein shall be assessed and paid according to law. Payments of compensation for damages shall be made by Kansas City in cash from funds appropriated or to be appropriated for 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 Platte 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 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 Acting Director of Public Works

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Approved as to form and legality:

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John E. Altergott, Jr. Assistant City Attorney