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Legislation #: 020024 Introduction Date: 1/10/2002
Type: Ordinance Effective Date: 2/3/2002
Sponsor: None
Title: Condemning and taking private property for public use for Permanent and Temporary Water Main Easements in Clay County, Missouri, for the construction of Clay County Transmission Main, Water Services Department Contract No. 7609, and providing for the payment of just compensation therefore.

Legislation History
DateMinutesDescription
1/10/2002

Prepare to Introduce

1/10/2002

Referred Operations Committee

1/23/2002

Advance and Do Pass

1/24/2002

Passed


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020024.pdf Other 423K Authenticated and Additional Documents

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ORDINANCE NO. 020024

 

Condemning and taking private property for public use for Permanent and Temporary Water Main Easements in Clay County, Missouri, for the construction of Clay County Transmission Main, Water Services Department Contract No. 7609, and providing for the payment of just compensation therefore.

 

WHEREAS, the Council finds and determines it necessary to condemn private property herein described and generally located in Clay County, Missouri; 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 Services Department project known as Clay County Transmission Main, Contract No. 7609.

 

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 repair 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 restore all fences which 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 Citys Director of Water Services. (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 permanent water main easements and temporary construction easements hereby condemned and taken for public use for Water Services Department Project, Clay County Transmission Main are more particularly described as the following tracts of land, located in Clay County, Missouri.

 

TRACT NO. 17

PERMANENT WATER LINE EASEMENT

 

All that part of the East Half of the Northeast Quarter of Section 28, Township 52 North, Range 31 West, Clay County, Missouri, described as follows:

Commencing at the northeast corner of the East Half of the Northeast Quarter of said Section 28; thence South 89 18' 09" West, along the north line of said East Half, 206.55 feet to the west right-of way line of Chandler Road and being the Point of Beginning; thence South 23 03 09" West, along said west right-of-way line, 959.95 feet to the north right-of-way line of U.S. Highway 69; thence North 67 41' 06" West, along said north right-of-way line, 2.03 feet; thence South 64 59 01 West, continuing along said north right-of-way line, 249.36 feet; thence Southwesterly, continuing along said north right-of-way line, along a curve to the right having an Initial Tangent Bearing of South 72 18 30 West, a central angle of 01 44' 25", a radius of 17,103.80 feet, and an arc length of 519.46 feet to the west line of said East Half; thence North 00 07' 26" West, along said west line, 31.18 feet; thence Northeasterly along a curve to the left being 30.00 feet Northwesterly of and parallel with said west right-of-way line, having an Initial Tangent Bearing of North 74 01 12 East, a central angle of 01 42' 19", a radius of 17,073.80 feet, and an arc length of 508.13 feet; thence North 64 59' 01" East, continuing 30.00 feet Northwesterly of and parallel with said west right-of-way line, 231.50 feet; thence North 23 03' 09" East, being 35.00 feet Northwesterly of and parallel with said west right-of-way line, 936.39 feet to the north line of said East Half; thence North 89 18' 09" East, along said north line, 38.24 feet to the point of beginning. Containing 55,821 square feet or 1.281 acres more or less.

Except that part conveyed to Clay County, Missouri, by deed recorded in Book 536, at Page 632, Deed records of Clay County, Missouri.

 

TRACT NO. 17

TEMPORARY CONSTRUCTION EASEMENT

 

All that part of the East Half of the Northeast Quarter of Section 28, Township 52 North, Range 31 West, Clay County, Missouri, described as follows:

Commencing at the northeast corner of the East Half of the Northeast Quarter of said Section 28; thence South 89 18' 09" West, along the north line of said East Half, 244.78 feet to the Point of Beginning; thence South 89 18' 09" West, continuing along said north line, 54.63 feet; thence South 23 03 09 West, being 85.00 feet Northwesterly of and parallel with the west right-of-way line of Chandler Road, 895.23 feet; thence South 64 59' 01" West, being 80.00 feet Northerly of and parallel with the north right-of-way line of U.S. Highway 69, a distance of 209.14 feet; thence Southwesterly, continuing 80.00 feet Northerly of and parallel with said north right-of-way line, along a curve to the right having an Initial Tangent Bearing of South 72 19 32 West, a central angle of 01 38' 48", a radius of 17,023.80 feet, and an arc length of 489.26 feet to the west line of said East Half; thence South 00 07' 26" East, along said west line, 51.98 feet; thence Northeasterly along a curve to the left, being 30.00 feet Northwesterly of and parallel with said north right-of-way line, having an Initial Tangent Bearing of North 74 01 12 East, a central angle of 01 42' 19", a radius of 17,073.80 feet, and an arc length of 508.13 feet; thence North 64 59' 01" East, continuing 30.00 feet Northwesterly of and parallel with said north right-of-way line, 231.50 feet; thence North 23 03' 09" East, being 35.00 Northwesterly of and parallel with said west right-of-way line, 936.39 feet to the point of beginning. Containing 81,741 square feet or 1.877 acres more or less.

Except that part conveyed to Clay County, Missouri, by deed recorded in Book 536, at Page 632, Deed records of Clay County, Missouri.

 

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 water Services 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