ORDINANCE NO. 921175
Condemning and taking private property for public use for
permanent water main easements and temporary construction easements in Kansas
City, Platte County, Missouri in connection with the Water and Pollution
Control Department Project known as "Tiffany Springs Special Assessment
Water Main North Amity Avenue Northwest Tiffany Springs Road," and
providing for the payment of just compensation therefor.
WHEREAS, the City Council finds and declares that it
is necessary to condemn and take the private property hereinafter described for
public use for the construction and operation of the "Tiffany Springs
Special Assessment Water Main North Amity Avenue Northwest Tiffany Springs
Road" project; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. WATER MAIN EASEMENTS - PERMANENT AND
TEMPORARY: That permanent water main easements and temporary construction
easements are hereby condemned and taken for public use for the location,
construction, reconstruction, maintenance, operation and repair of water mains
and appurtenances in, under, over and upon the lands hereinafter described in
connection with the Water and Pollution Control Department Project known as "Tiffany
Springs Special Assessment Water Main North Amity Avenue Northwest Tiffany
Springs Road."
The permanent water main easements shall be used by
Kansas City as the permanent location of the water mains to be constructed
therein, 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 such water mains, or of
making of connections thereto.
The temporary construction easements shall be used
by Kansas City or its authorized agents for the temporary storage of materials,
the operation of equipment and the movement of a working force, without the
removal of or damage to any buildings that may be located within such temporary
construction easements. Such temporary construction easements shall be in
effect for the period of two (2) years from start of construction; and after
termination thereof Kansas City shall cause the surface of the land within such
temporary construction easements to be restored to substantially the same
physical condition that existed at the time Kansas City or its agents or other
authorized persons entered upon it. Kansas City shall restore all fences which
may be disturbed during the course of construction with like material.
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 shall not interfere with the proper, safe and continuous
use and maintenance of the water facilities to be constructed in and upon such
rights-of-way; however, said permanent easements will be kept free from
buildings and any other structure or obstruction (except sidewalks, roadways,
pavement, grass, shrubs, fences, or curbs) which will interfere with Kansas
City in its exercise of the rights herein acquired, and no change in the earth
cover over the water main will be made without the written approval of Kansas
City's Director of Water and Pollution Control. (Kansas City will permit no
change in said earth cover that will result in an earth cover less than 4.0
feet or more than 8.0 feet as measured from the top of the water line.)
That the permanent water main easements and
temporary construction easements hereby condemned and taken for public use
are more particularly described as the following tracts of land, located in
Kansas City, Platte County, Missouri.
TRACT 3 - PERMANENT WATER MAIN EASEMENT
A tract of land 15.0 feet wide in the Northeast
Quarter of the Northwest Quarter of Section 11, Township 51, Range 34 (NE
1/4 NW 1/4 Sec 11-51-34), in Kansas City, Platte County, Missouri,
lying West of and adjoining the following described baseline: BEGINNING
at the Southeast corner of said Quarter Quarter (1/4 1/4) Section; thence
North along the East line of said Quarter Quarter (1/4 1/4) Section;
248.71 feet; thence West to the Westerly line of the right-of-way of the
intersection of North Amity Avenue with Missouri Route "T", and
the TRUE POINT OF BEGINNING of the baseline to herein be described;
thence Northerly along the Westerly line of said intersection to a
line drawn 457.42 feet North of and parallel with the South line of said
Quarter Quarter (1/4 1/4) Section, and the POINT OF TERMINATION of the
baseline herein described. The westerly limit of this tract of land shall
be lengthened or shortened, as necessary so as to terminate on the limits
of ownership.
TEMPORARY CONSTRUCTION EASEMENT
A tract of land 25.0 feet wide in the Northeast
Quarter of the Northwest Quarter of Section 11, Township 51, Range 34 (NE
1/4 NW 1/4 Sec 11-51-34, in Kansas City, Platte County, Missouri, and
lying Westerly of and adjoining a line drawn 15.0 feet Westerly of and
parallel with the following described baseline: BEGINNING at the
Southeast corner of said Quarter Quarter (1/4 1/4) Section; thence North
along the East line of said Quarter Quarter (1/4 1/4) Section 248.71 feet;
thence West to the Westerly line of the right-of-way of the
intersection of North Amity Avenue with Missouri Route "T", and
the TRUE POINT OF BEGINNING of the baseline to herein be described; thence
Northerly along the Westerly line of said intersection to a line drawn
457.42 feet North of and parallel with the South line of said Quarter
Quarter (1/4 1/4) Section, and the POINT OF TERMINATION of the baseline
herein described. The outer limits of this tract of land shall be
lengthened or shortened, as necessary so as to terminate on the limits
of ownership.
TRACT 5 - PERMANENT WATER MAIN EASEMENT
A tract of land in the Southeast Quarter of the Southwest
Quarter of Section 2, Township 51, Range 34 (SE 1/4 SW 1/4 Sec 2-51-34),
in Kansas City, Platte County, Missouri described as follows: BEGINNING
at the Northeast corner of said Quarter Quarter (1/4 1/4) Section; thence
West along the North line of said Quarter Quarter (1/4 1/4) Section to the
Westerly line of the right-of-way of the intersection of North Amity
Avenue with Missouri Route "T", and the TRUE POINT OF BEGINNING
of the tract of land to herein be described; thence Southerly along
said Westerly right-of-way line 280.62 feet to a point hereinafter
referred to as Point "A"; thence continue Southerly along said
Westerly right-of-way line 100.0 feet to a jog in said Westerly right-of-way
line; thence Westerly along said jog 112.81 feet to another jog in said
Westerly line and a point hereinafter referred to as POINT "B";
thence Southerly along said Westerly right-of-way line 313.10 feet to
the Northerly line of the right-of-way of Missouri Route "T";
thence Westerly along said Northerly line to a line drawn 15.0 feet
Westerly of and parallel with the Westerly line of said intersection;
thence Northerly along said parallel line and its Northerly prolongation
to a point that is 15.0 feet North and 15.0 feet West of Point
"B" as above located; thence Northeasterly to a point that is
15.0 feet West of Point "A", as above located; thence Northerly
to the North line of said Quarter Quarter (1/4 1/4) Section; thence West
along said North line to the TRUE POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT
A tract of land 25.0 feet wide in the Southeast
Quarter of the Southwest Quarter of Section 2, Township 51, Range 34 (SE
1/4 SW 1/4 Sec 2-51-34), in Kansas City, Platte County, Missouri and
lying Westerly of and adjoining the following described baseline:
BEGINNING at the Northeast corner of said Quarter Quarter (1/4 1/4)
Section; thence West along the North line of said Quarter Quarter (1/4
1/4) Section to the Westerly line of the right-of-way of the intersection
of N Amity Avenue with Missouri Route "T", thence Southerly
along said Westerly right-of-way line 280.62 feet to a point hereinafter
referred to as Point "A"; thence continue Southerly along said
Westerly right-of-way line 100.0 feet to a jog in said Westerly
right- of-way line; thence Westerly along said jog 112.8 feet to
another jog in said Westerly line and a point hereinafter referred to as
Point "B"; thence Southerly along said Westerly right-of-way
line 313.10 feet to the Northerly line of the right-of-way of Missouri
Route "T"; thence Westerly along said Northerly line to a line
drawn 15.0 feet Westerly of and parallel with the Westerly line of said
intersection; and the TRUE POINT OF BEGINNING of the baseline to herein
be described;thence Northerly along said parallel line and its
Northerly prolongation to a point that is 15.0 feet North and 15.0 feet
West of Point "B" as above located; thence Northeasterly to a
point that is 15.0 feet West of Point "A", as above located;
thence Northerly, parallel with the Westerly line of the right-of-way of
said intersection, to the North line of said Quarter Quarter (1/4 1/4)
Section; and the POINT OF TERMINATION of the baseline herein described.
TRACT 14 - PERMANENT WATER MAIN EASEMENT
A tract of land 15.0 feet wide the Northwest Quarter
of Section 2, Township 51, Range 34 (NW 1/4 Sec 2-51-34) in Kansas
City, Platte County, Missouri, and lying North of and adjoining the
following described baseline: BEGINNING at the Southeast corner of said Quarter
(1/4) Section; thence West along the South line of said Quarter (1/4)
Section 474.8 feet to the TRUE POINT OF BEGINNING of the baseline to
herein be described; thence continue West along said South line 45.2
feet to a point that is 2168.0 feet East of the Southwest corner of said
Quarter (1/4) Section, and the POINT OF TERMINATION of the baseline herein
described.
TRACT 15 - PERMANENT WATER MAIN EASEMENT
A tract of land 25.0 feet wide in the Northwest
Quarter of Section 2, Township 51, Range 34, (NW 1/4 Sec 2-51-34), in
Kansas City, Platte County, Missouri, lying North of and adjoining the
following described baseline: BEGINNING at the Southeast corner of said
Quarter (1/4) Section; thence West along the South line of said Quarter
(1/4) Section, 520.0 feet to the TRUE POINT OF BEGINNING of the baseline
to herein be described; thence continue West along said South line
801.4 feet to a point 1321.4 feet East of the Southwest corner of
said Quarter (1/4) Section and the POINT OF TERMINATION of the baseline
herein described.
TRACT 17 - PERMANENT WATER MAIN EASEMENT
A tract of land 25.0 feet wide in the Northwest
Quarter of Section 2,Township 51, Range 34 (NW 1/4 Sec 2-51-34), in
Kansas City, Platte County, Missouri, and lying North of and adjoining the
following described baseline: BEGINNING at the Southwest corner of said
Quarter (1/4) Section; thence East along the South line of said Quarter
(1/4) Section 679.80 feet to the TRUE POINT OF BEGINNING of the baseline
to herein be described; thence continue East along said South line
396.0 feet to the POINT OF TERMINATION of the baseline herein described.
TRACT 21 - PERMANENT WATER MAIN EASEMENT
A tract of land 25.0 feet wide in the Southeast
Quarter of the Northeast Quarter of Section 3, Township 51, Range 34 (SE
1/4 NE 1/4 Sec 3-51-34), in Kansas City, Platte County, Missouri, and
lying West or Left of and adjoining the following described baseline:
BEGINNING at the Southeast corner of said Quarter Quarter (1/4 1/4)
Section thence North along the East line of said Quarter Quarter (1/4 1/4)
Section 210.0 feet; thence West 540.21 feet to the TRUE POINT OF BEGINNING
of the baseline to herein be described; thence North 190.0 feet to
the POINT OF TERMINATION of the baseline herein described.
TRACT 34 - PERMANENT WATER MAIN EASEMENT
A tract of land 25.0 feet wide in the Northwest
Quarter of Section 3, Township 51, Range 34 (NW 1/4 Sec 3-51-34), in
Kansas City, Platte County, Missouri, lying North of and adjoining the
following described baseline: BEGINNING at the Southwest corner of said
Quarter (1/4) Section; thence East along the South line of said Quarter
(1/4) Section 208.71 feet to the TRUE POINT OF BEGINNING of the baseline
to herein be described; thence continue East along said South line
1064.15 feet to the POINT OF TERMINATION of the baseline herein
described.
TRACT 41 - PERMANENT WATER MAIN EASEMENT
A tract of land 40.0 feet wide in the Southeast
Quarter of the Northeast Quarter of Section 3, Township 51, Range 34 (SE
1/4 NE 1/4 Sec 3-51-34), in Kansas City, Platte County, Missouri, and
lying West or Left of and adjoining the following described baseline:
BEGINNING at the Southeast corner of said Quarter Quarter (1/4 1/4) Section;
thence North along the East line of said Quarter Quarter (1/4 1/4) Section
540.0 feet to the POINT OF TERMINATION of the baseline herein described.
ALSO
A tract of land 33.0 feet wide in the Southeast
Quarter of the Northeast Quarter of Section 3, Township 51, Range 34 (SE
1/4 NE 1/4 Sec 3-51-34), in Kansas City, Platte County, Missouri, and
lying West or Left of and adjoining the following described baseline:
BEGINNING at the Southeast corner of said Quarter Quarter (1/4 1/4)
Section; thence North along the East line of said Quarter Quarter (1/4
1/4) Section 540.0 feet to the TRUE POINT OF BEGINNING of the baseline to
herein be described; thence continue North along said East line 161.0
feet to the POINT OF TERMINATION of the baseline herein described.
ALSO
A tract of land 20.0 feet wide in the Southeast
Quarter of the Northeast Quarter of Section 3, Township 51, Range 34 (SE
1/4 NE 1/4 Sec 3-51-34), in Kansas City, Platte County, Missouri, and
lying North or Right of and adjoining the following described baseline:
BEGINNING at the Southeast corner of said Quarter Quarter (1/4 1/4) Section;
thence West along the South line of said Quarter Quarter (1/4 1/4) Section
40.0 feet to the TRUE POINT OF BEGINNING of the baseline to herein be
described: thence continue west along the South line of said Quarter (1/4)
Section 250.0 feet to the POINT OF TERMINATION of the baseline herein
described.
ALSO
A tract of land 50.0 feet wide in the Southeast
Quarter of the Northeast Quarter of Section 3, Township 51, Range 34 (SE
1/4 NE 1/4 Sec 3-51-34), in Kansas City, Platte County, Missouri, and
lying South or Left of and adjoining the following described baseline:
BEGINNING at the Southeast corner of said Quarter Quarter (1/4 1/4)
Section; thence North along the East line of said Quarter Quarter (1/4
1/4) Section 210.0 feet; thence West 40.0 feet to the TRUE POINT OF
BEGINNING of the baseline to herein be described; thence continue West
731.21 feet to the POINT OF TERMINATION of the baseline herein
described.
ALSO
A tract of land 50.0 feet wide in the Southeast
Quarter of the Northeast Quarter of Section 3, Township 51, Range 34 (SE
1/4 NE 1/4 Sec 3-51-34), in Kansas City, Platte County, Missouri, and
lying South of and adjoining the following described baseline: BEGINNING
at the Southeast corner of said Quarter Quarter (1/4 1/4) Section; thence
North along the East line of said Quarter Quarter Section 400.0 feet; thence
West 40.0 feet to the TRUE POINT OF BEGINNING of the baseline to herein
be described; thence continue West 500.0 feet to the POINT OF
TERMINATION of the baseline herein described.
Section 2. JUST COMPENSATION: Just compensation
for the easements to be taken and damages, if any, to the adjacent lands not
taken, shall be assessed and paid in the manner provided by Rule 86 of the
Missouri Rules of Civil Procedure and Chapter 523 of the Revised Statutes of
Missouri, said Rule and Chapter being expressly adopted by Kansas City in this
proceeding.
Section 3. ACQUISITION PENDING LITIGATION: Pending
the acquisition of said easements by condemnation proceedings, the Director of
the Water and Pollution Control Department is hereby authorized and directed to
negotiate for the purchase or acquisition of said easements out of funds
available or to be made available for such purpose. If said easements or any
part thereof as described heretofore be so acquired, the City Attorney is
authorized to withdraw said lands from the condemnation proceedings.
________________________________________________________
Approved as to form and
legality:
____________________________________
Assistant City Attorney