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Legislation #: 060077 Introduction Date: 1/19/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Devoting certain City owned property for public storm sewer, and temporary easements; and directing the City Clerk to record the devotion.

Legislation History
DateMinutesDescription
1/19/2006 Filed by the Clerk's office
1/19/2006 Referred to Operations Committee
2/1/2006 Do Pass
2/2/2006 Assigned to Third Read Calendar
2/9/2006 Passed

View Attachments
FileTypeSizeDescription
060077.pdf Authenticated 103K Authenticated
5501 esmt ded fct sheet.xls Fact Sheet 29K fact sheet

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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