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Legislation #: 951442 Introduction Date: 10/19/1995
Type: Ordinance Effective Date: 11/12/1995
Sponsor: None
Title: Amending Ordinance No. 931063, passed September 23, 1993, condemning and taking private property for public use for permanent water main easements and temporary construction easements in Kansas City, Clay County, Missouri, in connection with Water Services Department Project County Line Water Transmission Main, by correcting legal descriptions contained therein and removing some tracts from the taking.

Legislation History
DateMinutesDescription
10/19/1995

Prepare to Introduce

10/19/1995

Referred City Operations Committee

10/25/1995

Do Pass

10/26/1995

Add to Consent Docket

11/2/1995

Passed


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ORDINANCE NO. 951442

 

Amending Ordinance No. 931063, passed September 23, 1993, condemning and taking private property for public use for permanent water main easements and temporary construction easements in Kansas City, Clay County, Missouri, in connection with Water Services Department Project County Line Water Transmission Main, by correcting legal descriptions contained therein and removing some tracts from the taking.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Section 1 of Ordinance No. 941063, passed September 23, 1993, is hereby amended to read as follows thereby correcting the legal descriptions describing Tract 3 and removing the remaining tracts from the tract.

 

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 County Line Water Transmission Main.

 

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 removal of trees and shrubbery, 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 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, County Line Water Transmission Main, are more particularly described as the following tracts of land, located in Kansas City, Clay County, Missouri.

 

TRACT 3

 

PERMANENT WATER MAIN EASEMENT

 

A tract of line in the Fractional Southwest Quarter of Section 34, Township 51, Range 33, (Frac. SW 1/4 Sec. 34-51-33) in Kansas City, Clay County, Missouri, described as follows: BEGINNING at the Southeast corner of said Fractional Quarter (Frac. 1/4) Section; thence North 00 degrees 49 minutes 34 seconds East along the East line of said Fractional Quarter (Frac. 1/4) Section 920.10 feet (deed); thence North 89 degrees 20 minutes 56 seconds West parallel with the South line of said Fractional Quarter (Frac. 1/4) Section, 623.60 feet (deed) to the TRUE POINT OF BEGINNING of the tract of land to be herein described; thence South 00 degrees 49 minutes 34 seconds West 145.00 feet; thence North 03 degrees 07 minutes 09 seconds West 145.34 feet; thence South 89 degrees 20 minutes 56 seconds East 10.00 feet to the TRUE POINT OF BEGINNING.

 

ALSO

 

A tract of land in the Fractional Southwest Quarter of Section 34, Township 51, Range 33, (Frac. SW 1/4 Sec. 34-51-33) in Kansas City, Clay County, Missouri, described as follows: BEGINNING at the Southeast corner of said Fractional Quarter (Frac. 1/4) Section; thence North 00 degrees 49 minutes 34 seconds East along the East line of said Fractional Quarter (Frac. 1/4) Section 1159.80 feet (deed); thence North 89 degrees 20 minutes 56 seconds West parallel with the South line of said Fractional Quarter (Frac. 1/4) Section, 623.60 feet (deed) to the TRUE POINT OF BEGINNING of the tract of land to be herein described; thence South 00 degrees 49 minutes 34 seconds West 247.87 feet; thence North 89 degrees 20 minutes 56 seconds West 10.00 feet; thence North 00 degrees 49 minutes 34 seconds East 355.69 feet to a line drawn 40.0 feet Southerly of and parallel with the Southerly line of the right-of-way of Interstate Route 29; thence North 64 degrees 56 minutes 32 seconds West, parallel with said right-of-way line 211.50 feet thence North 48 degrees 31 minutes 44 seconds West continuing parallel with said right-of-way line 258.95 feet; thence North 57 degrees 20 minutes 06 seconds West 121.92 feet; thence North 89 degrees 10 minutes 03 seconds West parallel with and 20.00 feet Southerly from said Southerly right-of-way line 137.93 feet; thence North 52 degrees 50 minutes 53 seconds West 9.16 feet; thence North 03 degrees 40 minutes 00 seconds East 23.90 feet to a point on the Southerly right-of-way line of Interstate 29; thence South 52 degrees 50 minutes 53 seconds East along said right-of-way line 12.63 feet; thence South 89 degrees 10 minutes 03 seconds East continuing along said right-of-way line 176.14 feet; thence South 57 degrees 20 minutes 06 seconds East continuing along said right-of-way line 96.23 feet; thence South 48 degrees 31 minutes 44 seconds East 256.26 feet; continuing along said right-of-way line South 64 degrees 56 minutes 32 seconds East thence continuing along said right-of-way line 209.66 feet; thence South 00 degrees 49 minutes 34 seconds West 142.62 feet; thence North 89 degrees 20 minutes 56 seconds West 10.00 feet to the TRUE POINT OF BEGINNING.

 

ALSO

 

A tract of land in the Fractional Southwest Quarter of Section 34, Township 51, Range 33, (Frac. SW 1/4 Sec. 34-51-33) in Kansas City, Clay County, Missouri, described as follows: BEGINNING at the Southeast corner of said Fractional Quarter (Frac. 1/4) Section; thence North 00 degrees 49 minutes 34 seconds East along the East line of said Fractional Quarter (Frac. 1/4) Section 920.10 feet (deed); thence North 89 degrees 20 minutes 56 seconds West parallel with the South line of said Fractional Quarter (Frac. 1/4) Section, 683.60 feet (deed)' thence South 00 degrees 49 minutes 34 seconds West 219.00 to the TRUE POINT OF BEGINNING of the tract of land to be herein described; thence South 00 degrees 49 minutes 34 seconds West 85.00 feet to the Northerly right-of-way line of the right-of-way of NW Vivion Road, thence Westerly along said Northerly right-of-way line being a curve to the left, having a radius of 1081.74 feet and a chord bearing of South 80 degrees 28 minutes 38 seconds West through an arc distance of 20.33 feet; thence North 00 degrees 49 minutes 34 seconds East 88.65 feet; thence South 89 degrees 20 minutes 56 seconds East 20.00 feet to the TRUE POINT OF BEGINNING.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A tract of land in the Fractional Southwest Quarter of Section 34, Township 51, Range 33, (Frac. SW 1/4 Sec. 34-51-33) in Kansas City, Clay County, Missouri, described as follows: BEGINNING at the Southeast corner of said Fractional Quarter (Frac. 1/4) Section; thence North 00 degrees 49 minutes 34 seconds East along the East line of said Fractional Quarter (Frac. 1/4) Section 920.10 feet (deed); thence North 89 degrees 20 minutes 56 seconds West, along a line 920.10 feet North of and Parallel with the South line of said Fractional Quarter (Frac. 1/4) Section, 633.60 feet (deed) to the TRUE POINT OF BEGINNING of the tract of land to be herein described; thence South 03 degrees 07 minutes 09 seconds East 145.34 feet; thence North 89 degrees 20 minutes 56 seconds West 10.02 feet; thence North 03 degrees 07 minutes 09 seconds West 145.34 feet; thence South 89 degrees 20 minutes 56 seconds East 10.02 feet to the TRUE POINT OF BEGINNING.

 

ALSO

 

A tract of land in the Fractional Southwest Quarter of Section 34, Township 51, Range 33, (Frac. SW 1/4 Sec. 34-51-33) in Kansas City, Clay County, Missouri, described as follows: BEGINNING at the Southeast corner of said Fractional Quarter (Frac. 1/4) Section; thence North 00 degrees 49 minutes 34 seconds East along the East line of said Fractional Quarter (Frac. 1/4) Section 1159.80 feet (deed); thence North 89 degrees 20 minutes 56 seconds West, parallel with the South line of said Fractional Quarter (Frac. 1/4) Section, 613.60 feet (deed) to the TRUE POINT OF BEGINNING of the tract of land to be herein described; thence North 00 degrees 49 minutes 34 seconds East 142.62 feet to the Southerly right-of-way line of Interstate 29 thence line South 64 degrees 56 minutes 32 seconds East along said right-of-way line 189.20 feet; thence South 50 degrees 35 minutes 37 seconds East, continuing along said right-of-way line, 102.94 feet; thence North 89 degrees 10 minutes 03 seconds West 253.00 feet to the TRUE POINT OF BEGINNING.

 

ALSO

 

A tract of land in the Fractional Southwest Quarter of Section 34, Township 51, Range 33, (Frac. SW 1/4 Sec. 34-51-33) in Kansas City, Clay County, Missouri, described as follows: BEGINNING at the Southeast corner of said Fractional Quarter (Frac. 1/4) Section; thence North 00 degrees 49 minutes 34 seconds East along the East line of said Fractional Quarter (Frac. 1/4) Section 1159.80 feet (deed); thence North 89 degrees 20 minutes 56 seconds West along a line parallel with the South line of said Fractional Quarter (Frac. 1/4) Section, 633.60 feet (deed) to the TRUE POINT OF BEGINNING of the tract of land to be herein described; thence South 00 degrees 49 minutes 34 seconds West 247.87 feet; thence North 89 degrees 20 minutes 56 seconds West 10.00 feet; thence North 00 degrees 49 minutes 34 seconds East 349.25 feet; thence North 64 degrees 56 minutes 32 seconds West parallel with and 50.00 feet distant from the Southerly line of right-of-way of Interstate 29 a distance 206.48 feet; thence North 48 degrees 31 minutes 44 seconds West continuing parallel with and 50.00 feet distant from said right-of-way line, 259.63 feet; thence North 57 degrees 20 minutes 06 seconds West 111.33 feet; thence North 00 degrees 49 minutes 57 seconds East 11.77 feet; thence South 57 degrees 20 minutes 06 seconds East 118.30 feet; thence South 48 degrees 31 minutes 44 seconds East 258.95 feet; thence South 64 degrees 56 minutes 32 seconds East 211.50 feet; thence South 00 degrees 49 minutes 34 seconds West 107.82 feet to the TRUE POINT OF BEGINNING.

 

Section 3. Sections 2 and 3 of Ordinance No. 941063 shall remain unchanged. _______________________________________________________

 

Approved as to form and legality:

 

 

 

 

___________________________________

Assistant City Attorney