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Legislation #: 060293 Introduction Date: 3/16/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of NE 39th Street and N. Prather Road, in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
3/14/2006 Filed by the Clerk's office
3/16/2006 Referred to Operations Committee
3/22/2006 Do Pass
3/23/2006 Assigned to Third Read Calendar
3/30/2006 Passed

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060293.pdf Authenticated 460K Authenticated
Factsheet 3566(condemn).xls Fact Sheet 30K Fact sheet

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ORDINANCE NO. 060293

 

Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of NE 39th Street and N. Prather Road, in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

WHEREAS, the Council finds that permanent sewer easements must be condemned for the purpose of locating, constructing and maintaining sanitary sewers in Kansas City, Clay County, Missouri; NOW, THEREFORE

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Standard Sewer Easements: That standard sewer easements, and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of sanitary sewers, in and upon the private lands hereinafter described in Kansas City, Clay County, Missouri.

Section 2. Said improvements shall be of the nature described and specified in, and shall be done in accordance with the plans and specifications certified under the supervision of the Director of Water Services and identified as File No. 1174.13, the same being on file in the Office of the Director of Water Services and being incorporated herein by reference.

The standard sewer easements shall be used by Kansas City as the permanent location of the sanitary sewer 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 standard sewer easements, and temporary easements are hereby condemned and described as follows:

TRACT 1 Standard Sewer Easement

 

A parcel of land situated in a portion of Lot 1 and the North 16.92 feet of Lot 2, ROCK SPRING ADDITION, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northeast corner of said Lot 1; thence South 100114 West 63.68 feet, along the Easterly line of said Lot 1 and Lot 2 to the Southeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 4101 at Page 447; thence North 892510 West 6.70 feet, along the South line of said certain tract of land conveyed by Warranty Deed recorded in Book 4101 at Page 447, to the true point of beginning; thence North 892510 West 15.01 feet along said South line; thence North 022939 East 7.75 feet; thence South 873021 East 15.00 feet; thence South 022939 West 7.25 feet to the true point of beginning of the parcel herein described, containing 113 square feet or 0.0026 acres, more or less. Except that part lying in existing utility easements.

 


TRACT 1 Temporary Easement

 

A parcel of land situated in a portion of Lot 1 and the North 16.92 feet of Lot 2, ROCK SPRING ADDITION, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northeast corner of said Lot 1; thence South 100114 West 38.94 feet, along the Easterly line of said Lot 1, to the true point of beginning; thence South 100114 West 24.74 feet, along the Easterly line of said Lot 1 and Lot 2 to the Southeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book 4101 at Page 447; thence North 892510 West 6.70 feet along the South line of said certain tract of land conveyed by Warranty Deed recorded in Book 4101 at Page 447; thence North 022939 East 7.25 feet; thence North 873021 West 15.00 feet; thence South 022939 West 7.75 feet to a point on said South line; thence North 892510 West 17.52 feet along said South line; thence North 023057 East 25.84 feet; thence South 873021 East 42.44 feet to the true point of beginning of the parcel herein described, containing 914 square feet or 0.0210 acres, more or less. Except that part lying in existing utility easements.

 

TRACT 3 Standard Sewer Easement

 

A parcel of land situated in a portion of Lot 1, ROCK SPRING ANNEX, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northeast corner of said Lot 1; thence North 892510 West 6.54 feet, along the North line of said Lot 1, to the true point of beginning; thence South 111218 West 8.91 feet; thence North 784742 West 15.00 feet; thence North 111218 East 6.09 feet to a point on said North line; thence South 892510 East 15.26 feet, along said North line, to the true point of beginning of the parcel herein described, containing 113 square feet or 0.0026 acres, more or less. Except that part lying in existing utility easements.

 


TRACT 3 Temporary Easement

 

A parcel of land situated in a portion of Lot 1, ROCK SPRING ANNEX, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northeast corner of said Lot 1; thence South 100202 West 27.62 feet along the Easterly line of said Lot 1; thence North 784742 West 39.50 feet; thence North 111218 East 20.31 feet to a point on the North line of said Lot 1; thence South 892510 East 17.81 feet along said North line; thence South 111218 West 6.09 feet; thence South 784742 East 15.00 feet; thence North 111218 East 8.91 feet to a point on said North line; thence South 892510 East 6.54 feet, along said North line, to the point of beginning of the parcel herein described, containing 828 square feet or 0.0190 acres, more or less.

Except that part lying in existing utility easements.

Section 3. Compensation. That just compensation for the properties 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, Clay 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 4. 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. The City Attorney is hereby authorized and directed to file the petition for condemnation on behalf of the City in the Clay County Circuit Court. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 5. 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 Clay County, Missouri.

_________________________________________________

Approved as to form and legality:

 

_________________________________

Theodore T. Anderson

Assistant City Attorney