ORDINANCE NO. 930471

 

Condemning and taking permanent sewer rights-of-way and temporary construction easements on private properties for the construction and maintenance of district sanitary sewers to serve Sewer District No. 15080 in Sewer Division No. 15, in Kansas City, Platte County, Missouri; providing for payment of just compensation therefor; establishing a benefit district composed of all lands in the sewer district; and providing for assessment of costs for condemnation and purchase of all easements acquired in connection with the project against said benefit district.

 

WHEREAS, the Council finds that permanent sewer easements and temporary construction easements must be condemned for the purpose of locating, constructing and maintaining district sanitary sewers to serve Sewer District No. 15080, in Sewer Division No. 15, Kansas City, Platte County, Missouri, NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Condemnation of Permanent and Temporary Easements: That permanent and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of sanitary sewers in and upon the private lands hereinafter described, for Sewer District No. 15080.

 

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 and replacement of 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.

 

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 for Sewer District No. 15080 are described as follows:

 

TRACT NO. 9 PERMANENT SEWER RIGHT-OF-WAY

 

A 15 foot wide sanitary sewer easement lying 7.5 feet on both sides of the following described centerline lying within the SE 1/4 of the NE 1/4 of Section 29, Township 51, Range 33: Beginning at the southeast corner of Lot 22, Breen Hills, Block 10; thence easterly along an extension of the south line of said Lot 22 a distance of 31.27 feet to the true point of beginning; thence South 02 08' 19" east a distance of 100.07 feet. The aforementioned bearing refers to the west line of the east half of Section 29, Township 51, Range 33 as having a bearing of North 04 57' 45" East. The edges of the easement shall be lengthened or shortened so as to terminate at the property lines, all in Kansas City, Platte County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A 40 foot wide temporary construction easement lying 20 feet on both sides of the following described centerline lying within the SE 1/4 of the NE 1/4 of Section 29, Township 51, Range 33: Beginning at the southeast corner of Lot 22, Breen Hills, Block 10; thence easterly along an extension of the south line of said Lot 22 a distance of 31.27 feet to the true point of beginning; thence South 02 08' 19" East a distance of 100.07 feet. The aforementioned bearing refers to the west line of the east half of Section 29, Township 51, Range 33 as having a bearing of North 04 57' 45" East except that part lying within the above described permanent sewer easement. The edges of the easement shall be lengthened or shortened so as to terminate at the property lines, all in Kansas City, Platte County, Missouri.

 

TRACT NO. 10 PERMANENT SEWER RIGHT-OF-WAY

 

A 15 foot wide sanitary sewer easement lying 7.5 feet on both sides of the following described centerline lying within the SE 1/4 of the NE 1/4 of Section 29, Township 51, Range 33: Beginning at the southeast corner of Lot 23, Breen Hills, Block 10; thence easterly along an extension of the south line of said Lot 23 a distance of 266.29 feet to the true point of beginning; thence South 02 08' 19" East a distance of 20.0 feet. The aforesaid bearing refers to the west line of the east half of Section 29, Township 51, Range 33 as having a bearing of North 04 57' 45" East. The north edge of the easement shall be lengthened or shortened so as to terminate at the property lines, all in Kansas City, Platte County, Missouri.

 

 

TEMPORARY CONSTRUCTION EASEMENT

 

A 40 foot wide temporary construction easement lying 20 feet on both sides of the following described centerline lying within the SE 1/4 of the NE 1/4 of Section 29, Township 51, Range 33: Beginning at the southeast corner of Lot 23, Breen Hills, Block 10; thence easterly along an extension of the south line of said Lot 23 a distance of 266.29 feet to the true point of beginning; thence South 02 08' 19" East a distance of 40.0 feet. The aforesaid bearing refers to the west line of the east half of Section 29, Township 51, Range 33 as having a bearing of North 04 57' 45" East except that part lying within the above described permanent sewer easement. The north edge of the easement shall be lengthened or shortened so as to terminate at the property lines, all in Kansas City, Platte County, Missouri.

 

TRACT NO. 22A PERMANENT SEWER RIGHT-OF-WAY

 

The south 5 feet of a tract of land described as follows: Part of Lots 43, and 44, Breen Hills, Block 10, beginning at a point on the southeasterly line of said Lot 43, 32.75 feet southwesterly of the most easterly corner thereof; thence northwesterly and parallel to the northeasterly line of said Lot 43, 166.39 feet, to the northeasterly line of said Lot 43; thence southwesterly along the northwesterly line of said Lots 43, and 44, to the northeasterly right-of-way line of Highway I-29; thence southeasterly along said highway right-of-way to the southeasterly line of Lot 44; thence northeasterly along said southeasterly line to the point of beginning. Except for the existing 10 foot utility easement therein, all in Kansas City, Platte County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

The south 15 feet of a tract of land described as follows: Part of Lots 43 and 44, Breen Hills, Block 10, beginning at a point on the southeasterly line of said Lot 43, 32.75 feet southwesterly of the most easterly corner thereof; thence northwesterly and parallel to the northeasterly line of said Lot 43, 166.39 feet, to the northeasterly line of said Lot 43; thence southwesterly along the northwesterly line of said Lots 43 and 44, to the northeasterly right-of-way line of Highway I-29; thence southeasterly along said highway right-of-way to the southeasterly line of Lot 44; thence northeasterly along said southeasterly line to the point of beginning. Except for the existing 10 foot utility easement therein and except that part lying within the above described permanent sewer easement, all in Kansas City, Platte County, Missouri.

 

TRACT NO. 38 PERMANENT SEWER RIGHT-OF-WAY

 

The south 10 feet of Lot 1 and the south 5 feet of Lot 3, Breen Hills, Block 10, lying North of and adjacent to the right-of-way line of Highway I-29, except that part lying within an existing drainage and utility easement, all in Kansas City, Platte County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

The south 15 feet of Lot 3, Breen Hills, Block 10, lying North of and adjacent to the right-of-way line of Highway I-29 except that part lying within the above described permanent sewer easement, all in Kansas City, Platte County, Missouri.

 

TRACT NO. 39 PERMANENT SEWER RIGHT-OF-WAY

 

The south 5 feet of Lot 4, Breen Hills, Block 10, lying North of and adjacent to the right-of-way line of Highway I-29, except that part lying within an existing drainage and utility easement, all in Kansas City, Platte County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

The south 15 feet of Lot 4, Breen Hills, Block 10, lying North of and adjacent to the right-of-way line of Highway I-29, except that part lying within the above described permanent sewer easement and except that part lying within an existing drainage and utility easements, all in Kansas City, Platte County, Missouri.

 

TRACT NO. 40 PERMANENT SEWER RIGHT-OF-WAY

 

The south 5 feet of the east 40 feet of the following described tract of land: Part of the Northwest 1/4 of the Southeast 1/4 of Section 29, Township 51, Range 33, lying northeasterly of Route I- 29 and southwesterly of Lots 5, 6, 8 and 9, Breen Hills, Block 10. And northwesterly of Lot 1, Breen Hills, Block 10, all in Kansas City, Platte County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

The south 15 feet of the east 55 feet of the following described tract of land: Part of the Northwest 1/4 of the Southeast 1/4 of Section 29, Township 51, Range 33, lying northeasterly of said highway and southwesterly of Lots 5, 6, 8 and 9, Breen Hills, Block 10. And northwesterly of Lot 1, Breen Hills, Block 10, except that part lying within the above described permanent sewer easement, all in Kansas City, Platte County, Missouri.

 

TRACT NO. 41 TEMPORARY CONSTRUCTION EASEMENT

 

The north 10 feet of Lots 8 and 9, Breen Hills, Block 10, except that part in an existing utility easement, all in Kansas City, Platte County, Missouri.

 

Section 2. Just Compensation. Just compensation for the easements to be condemned and taken as aforesaid shall be assessed and paid in the manner provided in Article VI of the Charter of Kansas City, and proceedings thereof shall be instituted and prosecuted in the Circuit Court of Missouri, Sixth Judicial Circuit, (Platte County, Missouri) in the manner authorized by Article VI of the Charter, to the exclusion of the provisions of Rule 86 of the Missouri Rules of Civil Procedure and Chapter 523 of the Revised Statutes of Missouri, the procedures under said rule and chapter being expressly rejected by Kansas City in the proceeding.

 

Section 3. That the compensation assessed for the easements to be taken by condemnation and the compensation paid for all easements acquired by negotiation and purchase for the subject project shall be paid for by the assessment of benefits upon the real estate within the benefit district, all as provided in Kansas City Charter Section 151. Such assessments shall be payable in one single payment.

 

Section 4. Benefit District. That the Council hereby establishes a benefit district as follows:

 

The benefit district within which private property may be benefitted by the location of the proposed sewerage improvements for District No. 15080 and by reason of the availability of easements acquired either by condemnation or by purchase for the location of such sewerage improvements for District No. 15080 and within which private property may be assessed and charged to pay the compensation therefor in accordance with Section 151 and 152 of the Charter of Kansas City is composed of all lands in Sewer District No. 15080 which was established by Ordinance No. 900798, passed December 27, 1990.

 

Section 5. Pending acquisition of the above described easements by condemnation, the Director of Finance 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 the condemnation proceedings and to include the cost of such acquisition in the costs to be assessed against benefitted properties pursuant to Section 3 hereof.

 

The said Ordinance No. 900798 is incorporated herein by reference as though fully set out herein.

 

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Approved as to form and legality:

 

 

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Assistant City Attorney