ORDINANCE NO. 060077
Devoting certain City owned
property for public storm sewer, and temporary easements; and directing the
City Clerk to record the devotion.
WHEREAS, a
portion of property in the vicinity of Raytown Road and Ozark Road and owned by
the City is needed as right of way for storm improvements necessary in the
replacement of the Ozark Road Bridge over a small creek located south of
Raytown Road; and
WHEREAS, the
City devotes a portion thereof for public purposes as part of said bridge
replacement; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the City hereby devotes a portion of the property for public purposes as part
of the replacement of the Ozark Road Bridge as described below:
Storm Drainage Easement
All that part of the South of the Northeast of
Section 30, Township 49, Range 32, lying South of Raytown Road, subject to that
part in Ozark Road, said easement described as follows:
The north 94.00 feet, measured parallel to the north
line of the said South of the Northeast , of the tract of land lying within
10.00 feet of, and parallel to, the western right of way line of Ozark Road;
all containing 997 square feet or 0.023 acres, more or less.
Temporary Easement
All that part of the South of the Northeast of
Section 30, Township 49, Range 32, lying South of Raytown Road, subject to that
part in Ozark Road, said easement described as follows:
The north 141.00 feet, measured parallel to the north
line of the said South of the Northeast , of the tract of land lying within
20.00 feet of, and parallel to, the western right of way line of Ozark Road;
Less and except the following:
The north 94.00 feet, measured parallel to the north
line of the said South of the Northeast , of the tract of land lying within
10.00 feet of, and parallel to, the western right of way line of Ozark Road;
All containing 1,994 square feet or 0.046 acres, more or less.
Section 2. The
storm drainage easements shall be used by Kansas City as it pertains to the
permanent location of the bridge, street, and storm sewer improvements 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 right
of way, and easements for the purpose of constructing, reconstructing,
maintaining, operating and repairing said improvements or making connections
thereto.
Section 3. 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.
Section 4.
There shall be reserved to the owners of the land in which such easements are
taken and 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.
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
Kansas City, Jackson County, Missouri
_________________________________________
Approved as to
form and legality:
___________________________________
Mark
P. Jones
Assistant City Attorney