ORDINANCE NO. 040368

 

Condemning and taking permanent sewer rights-of-way and temporary construction easements on private property for the construction and maintenance of joint district and district sanitary sewers to serve Sewer District No. 786, reestablished by Ordinance No. 45073, passed February 21, 1975, and Sewer District Nos. 13023, and 861, reestablished by Ordinance No. 020873, passed August 01, 2002, all in Sewer Division No. 13, in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that permanent sewer easements and temporary construction easements must be condemned for the purpose of locating, constructing and maintaining joint district and district sanitary sewers to serve Sewer District Nos. 13023, 786, and 861, in Sewer Division No. 13 in Kansas City, Jackson County, Missouri; and

WHEREAS, the Council further finds the Director of Public Works, as evidenced by his Declaration of Necessity No. 5225, adopted and entered November 28, 2001, has caused the plans (File No. 2004-097 on file in the Director of Public Works office) and specifications for the said improvements to be prepared and it is also determined that certain lands and easements, all herein described, must be acquired in connection with the making of the improvements provided for the authorized herein, NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permanent and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of joint district and district sanitary sewers, in and upon the private lands hereinafter described, for Sewer District Nos. 13023, 786, and 861, in Sewer Division No. 13 in Kansas City, Jackson County, Missouri.

 

The permanent sewer easements shall be used by Kansas City as the permanent location of the sewerage improvements 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 said sewers 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 of trees and shrubbery, removal and replacement of fencing, 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 them, 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 permanent and temporary easements hereby condemned and taken are described as follows and may be viewed in File No. 2004-097 in the office of the Director of Public Works:

 

SEWER DISTRICT 13023

 

TRACT NO. 22 - Permanent Sewer Easements and Temporary Construction Easements

 

Permanent sewer easements over, under, upon and across the following described land:

 

A part of Lot 1, Bannister Road Baptist Church, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the Southerly Northwest corner of said Lot 1; thence South 88 degrees 11 minutes 02 seconds East, a distance of 15.62 feet; thence South 05 degrees 02 minutes 47 seconds East, a distance of 176.37 feet; thence South 87 degrees 52 minutes 17 seconds East, a distance of 158.38 feet; thence South 02 degrees 07 minutes 43 seconds West, a distance of 4.77 feet; thence South 51 degrees 40 minutes 29 seconds East, a distance of 191.49 feet; thence South 88 degrees 01 minutes 31 seconds East, a distance of 7.35 feet; thence South 01 degrees 58 minutes 29 seconds West, a distance of 137.12 feet; thence South 31 degrees 18 minutes 58 seconds East, a distance of 270.17 feet to a point on the South line of said Lot 1; thence North 80 degrees 44 minutes 07 seconds West, a distance of 38.45 feet along said South line; thence North 29 degrees 38 minutes 36 seconds West, a distance of 257.80 feet; thence North 01 degrees 58 minutes 29 seconds East, a distance of 136.01 feet; thence North 51 degrees 40 minutes 29 seconds West, a distance of 174.68 feet; thence North 87 degrees 52 minutes 16 seconds West, a distance of 160.41 feet; thence North 85 degrees 33 minutes 45 seconds West, a distance of 30.52 feet to a point on the West line of said Lot 1; thence North 01 degrees 48 minutes 58 seconds East, a distance of 16.04 feet along said West line; thence South 87 degrees 52 minutes 17 seconds East, a distance of 21.58 feet; thence North 05 degrees 02 minutes 47 seconds West, a distance of 40.75 feet; thence North 89 degrees 35 minutes 23 seconds West, a distance of 16.71 feet to a point on the West line of said Lot 1; thence North 01 degrees 48 minutes 58 seconds East, a distance of 134.97 feet along said West line to the Point of Beginning.

 

Also, beginning at the Southwest corner of said Lot 1; thence North 11 degrees 43 minutes 52 seconds East, a distance of 14.67 feet along the West line of said Lot 1; thence South 75 degrees 28 minutes 53 seconds East, a distance of 160.04 feet to a point on the South line of said Lot 1; thence North 80 degrees 44 minutes 07 seconds West, a distance of 160.00 feet to the Southwest corner of said Lot 1 to the Point of Beginning. Containing 20,799.67 square feet (0.477 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 1, Bannister Road Baptist Church, a subdivision in Kansas City, Jackson County, Missouri described as follows: Beginning at the Southerly Northwest corner of said Lot 1; thence South 88 degrees 11 minutes 02 seconds East, a distance of 33.25 feet along said Southerly Northwest line of said Lot 1; thence South 05 degrees 02 minutes 47 seconds East, a distance of 134.73 feet; thence South 89 degrees 35 minutes 23 seconds East, a distance of 9.68 feet; thence South 05 degrees 02 minutes 47 seconds East, a distance of 42.03 feet; thence South 87 degrees 52 minutes 17 seconds East, a distance 137.96 feet; thence South 70 degrees 13 minutes 35 seconds East, a distance of 76.66 feet; thence South 43 degrees 01 minutes 31 seconds East, a distance of 90.00 feet; thence South 28 degrees 01 minutes 31 seconds East, a distance of 36.00; thence South 01 degrees 58 minutes 29 seconds West, a distance of 137.12 feet; thence South 31 degrees 18 minutes 58 seconds East, a distance of 270.17 to a point on the South line of said Lot 1; thence North 80 degrees 44 minutes 07 seconds West, a distance of 544.31 along said South line of Lot 1 to a point on the West line of said Lot 1; thence North 11 degrees 43 minutes 52 seconds East, a distance of 32.19 along said West line; thence South 75 degrees 28 minutes 53 seconds East, a distance of 157.00 feet; thence South 80 degrees 36 minutes 35 seconds East, a distance of 292.90 feet; thence North 31 degrees 18 minutes 58 seconds West, a distance of 214.14 feet; thence North 01 degrees 58 minutes 29 seconds East, a distance 147.25 feet; thence North 51 degrees 40 minutes 29 seconds West, a distance of 132.99 feet; thence North 87 degrees 52 minutes 16 seconds West, a distance of 159.68 feet; thence North 85 degrees 33 minutes 45 seconds West, a distance of 29.75 feet to a point on the West line of said Lot 1; thence North 01 degree 48 minutes 58 seconds East, a distance of 60.06 feet along said West line; thence South 85 degrees 33 minutes 45 seconds East, a distance of 2.27 feet; thence North 05 degrees 02 minutes 47 seconds West, a distance of 18.97 feet to a point on the West line of said Lot 1; thence North 01 degree 48 minutes 58 seconds East, a distance of 142.19 feet along said West line to the Point of Beginning, except that part included in stand sewer easement. Containing 37,602.33 square feet (0.863 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

TRACT NO. 25 - Permanent Sewer Easements and Temporary Construction Easements

 

Permanent sewer easements over, under, upon and across the following described land:

 

A part of Lot 58, BANNISTER ACRES, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Northeast corner of Lot 58; thence South 01 degrees 48 minutes 58 seconds West, a distance of 57.16 feet along the East line of said Lot 58 to the Point of Beginning; thence continuing South 01 degrees 48 minutes 58 seconds West, a distance of 15.02 feet; thence North 85 degrees 33 minutes 45 seconds West, a distance of 298.31 feet to a point on the East line of said Lot 58; thence North 01 degrees 48 minutes 58 seconds East, a distance of 15.02 feet along said East line; thence South 85 degrees 33 minutes 45 seconds East, a distance of 298.31 feet to the Point of Beginning. Containing 4,474.68 square feet (0.103 ac.), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 58, Bannister Acres, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the Northeast corner of Lot 58; thence South 01 degrees 48 minutes 58 seconds West distance of 39.64 feet along the East line of said Lot 58 to the Point of Beginning; thence continuing South 01 degrees 48 minutes 58 seconds West distance of 60.06 feet; thence North 85 degrees 33 minutes 45 seconds West, a distance of 298.31 feet to a point on the West line of said Lot 58; thence North 01 degrees 48 minutes 58 seconds East, a distance of 60.06 feet along said West line; thence South 85 degrees 33 minutes 45 seconds East, a distance of 298.31 feet; to the Point of Beginning, except that part included in

standard sewer easement. Containing 8,203.58 square feet (0.188 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

TRACT NO. 103 - Permanent Sewer Easements and Temporary Construction Easements

 

Permanent sewer easements over, under, upon and across the following described land:

 

A part of Lot 61, Bannister Acres Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the Northwesterly corner of Lot 61; thence South 01 degrees 48 minutes 58 seconds West, a distance of 136.93 feet to the Point of Beginning; thence North 84 degrees 57 minutes 10 seconds East, a distance of 2.17 feet; thence South 05 degrees 02 minutes 35 seconds East, a distance of 112. 86 feet to the South line of said Lot 61; thence North 88 degrees 11 minutes 02 seconds West, a distance of 15.10 feet along said South line; thence North 05 degrees 02 minutes 50 seconds West, a distance of 4.51 feet to a point on the West line of said Lot 61; thence North 01 degrees 48 minutes 58 seconds East, a distance of 107.32 feet to the Point of Beginning. Containing 995.67 square feet (0.023 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 61, Bannister Acres Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the Northwest corner of Lot 61; thence South 01 degrees 48 minutes 58 seconds West, a distance of 119.31 feet to the Point of Beginning; thence North 84 degrees 57 minutes 03 seconds East, a distance of 17.62 feet; thence South 05 degrees 02 minutes 09 seconds East, a distance of 132.47 feet to a point on the South line of said Lot 61; thence North 88 degrees 11 minutes 02 seconds West, a distance of 33.30 feet; thence North 01 degrees 48 minutes 58 seconds East, a distance of 129.42 feet to the Point of Beginning, except that part included in standard sewer easement. Containing 2,325.25 square feet (0.053 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

SEWER DISTRICT 786

 

TRACT NO. 51 - Permanent Sewer Easements and Temporary Construction Easements

 

Permanent sewer easements over, under, upon and across the following described land:

 

A part of Lot 52, (as recited in Warranty Deed No. 2001I, Book 0104124, Page 1-3), Bannister Acres, a subdivision in Kansas City, Jackson County, Missouri described as follows: The East 15.00 feet of said Lot 52. Containing 1,970.03 square feet (0.045 ac.), more or less, except any part lying in existing utility easements.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 52, (as recited in Warranty Deed No. 2001I, Book 0104124, Page 1-3), Bannister Acres, a subdivision in Kansas City, Jackson County, Missouri described as follows: The East 25.00 feet of said Lot 52, except that part included in standard sewer easement. Containing 1,239.97 square feet (0.028 acres), more or less, except any part lying in existing utility easements.

 

TRACT NO. 56 - Permanent Sewer Easements and Temporary Construction Easements

 

Permanent sewer easements over, under, upon and across the following described land:

 

A part of Lot 3, Wards Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the Southeast corner of said Lot 3; thence North 88E0357 West along the South property line of said Lot 3, a distance of 8.33 feet to the Point of Beginning. Thence North 88E0357 West along the South property line of said Lot 3, a distance of 15.23 feet; thence North 1E5534 West, a distance of 123.71 feet; thence North 83E1033 East along the North property line of said Lot 3, a distance of 15.26 feet; thence South 1E5528 East, a distance of 126.04 feet to the Point of Beginning. Containing 1,898.37 square feet (0.044 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 3, Wards Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: The East 70.00 feet of said Lot 3 and, the East 120.00 feet of the South 40.00 feet of said Lot 3, except that part included in standard sewer easement. Containing 7282.66 square feet (0.167 acres), more or less, except any part lying in existing utility easements.

 

SEWER DISTRICT 861

 

TRACT NO. 95 - Permanent Sewer Easements and Temporary Construction Easements

 

Permanent sewer easements over, under, upon and across the following described land:

 

A part of Lots 98 & 99, Bannister Acres Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the most Southeasterly corner of Lot 99; thence North 01 degrees 28 minutes 55 seconds East, a distance of 186.95 feet; thence North 88 degrees 01 minutes 55 seconds West, a distance of 168.86 feet; thence North 87 degrees 07 minutes 20 seconds West, a distance of 161.19 feet; thence North 01 degrees 28 minutes 51 seconds East, a distance of 15.00 feet; thence South 87 degrees 07 minutes 20 seconds East, a distance of 161.43 feet; thence South 88 degrees 01 minutes 55 seconds East, a distance of 168.61 feet; thence South 01 degrees 28 minutes 55 seconds West, a distance of 15.00 feet to the Point of Beginning. Containing 4,950.62 square feet (0.114 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lots 98 & 99, Bannister Acres Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the most Southeasterly corner of Lot 99; thence North 01 degrees 28 minutes 55 seconds East, a distance of 169.45 feet to the Point of Beginning; thence North 88 degrees 01 minutes 55 seconds West, a distance of 169.14 feet; thence North 87 degrees 07 minutes 20 seconds West, a distance of 160.90 feet; thence North 01 degrees 28 minutes 51 seconds East, a distance of 50.01 feet; thence South 87 degrees 07 minutes 20 seconds East, a distance of 161.72 feet; thence South 88 degrees 01 minutes 55 seconds East, a distance of 168.32 feet; thence South 01 degrees 28 minutes 55 seconds West, a distance of 50.00 feet to the Point of Beginning, except that part included in standard sewer easement. Containing 11,551.45 square feet (0.265 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

TRACT NO. 96 - Permanent Sewer Easements and Temporary Construction Easements

 

Permanent sewer easements over, under, upon and across the following described land:

 

A part of Lot 97, Bannister Acres Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the most Southeasterly corner of Lot 97; thence North 01 degrees 28 minutes 51 seconds East, a distance of 187.09 feet to the Point of Beginning; thence North 87 degrees 07 minutes 20 seconds West, a distance of 165.05 feet; thence North 01 degrees 28 minutes 51 seconds East, a distance of 15.00 feet; thence South 87 degrees 07 minutes 20 seconds East, a distance of 165.05 feet; thence South 01 degrees 28 minutes 51 seconds West, a distance of 15.00 feet to the Point of Beginning. Containing 2,475.71 square feet (0.057 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 97, Bannister Acres Addition, a subdivision in Kansas City, Jackson County, Missouri described as follows: Commencing at the most Southeasterly corner of Lot 97; thence North 01 degrees 28 minutes 51 seconds East, a distance of 169.59 feet to the Point of Beginning; thence North 87 degrees 07 minutes 20 seconds West, a distance of 165.05 feet; thence North 01 degrees 28 minutes 51 seconds East, a distance of 50.01 feet; thence South 87 degrees 07 minutes 20 seconds East, a distance of 165.05 feet; thence South 01 degrees 28 minutes 51 seconds West, a distance of 50.01 feet to the Point of Beginning, except that part included in standard sewer easement. Containing 5,776.66 square feet (0.133 acres), more or less, except any part lying in existing utility easements. Basis of bearings are grid bearings.

 

Section 2. That just compensation for the easements and lands taken or damaged herein shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City in cash from funds appropriated or to be appropriated for said purpose; and the proceedings for taking or damaging the aforesaid property shall be instituted in one or more actions and shall be prosecuted in the Circuit Court of Jackson County, Missouri, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri as supplemented or amended by Section 86 of the Missouri Rules of Civil Procedure.

 

Section 3. Pending acquisition of such 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. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from condemnation proceedings.

 

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Approved as to form and legality:

 

 

________________________________

John H. Altergott, Jr.

Assistant City Attorney