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Legislation #: 040219 Introduction Date: 2/26/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property for Flood Protection Levee Easements, and Temporary Construction Easements for the purpose of construction, reconstruction, maintenance, operation, patrol, and repair of flood protection levee improvements and any and all appurtenances incidental thereto in, under, along, upon, over and through that reach of the Blue River known as the Dodson Industrial District; and providing for the payment of just compensation thereof; and authorizing negotiations by the Director of City Development, all in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
2/26/2004

Prepare to Introduce

2/26/2004

Referred Finance Committee

3/3/2004

Advance and Do Pass

3/4/2004

Passed


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ORDINANCE NO. 040219

 

Condemning and taking private property for Flood Protection Levee Easements, and Temporary Construction Easements for the purpose of construction, reconstruction, maintenance, operation, patrol, and repair of flood protection levee improvements and any and all appurtenances incidental thereto in, under, along, upon, over and through that reach of the Blue River known as the Dodson Industrial District; and providing for the payment of just compensation thereof; and authorizing negotiations by the Director of City Development, all in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that it did, by Resolution No. 951516, passed December 7, 1995, expressing the City's strong continued support to the Dodson Industrial District Flood Damage Reduction Project on the Upper Blue River in Kansas City, Missouri., and;

 

WHEREAS, the Council further finds that it did, by Ordinance No. 030394, passed April 3, 2003, authorizing an agreement with the United States of America, through its Corps of Engineers, for the purpose of acquiring lands, easements and right-of-way to construct a flood control levee in the Dodson Industrial District and;

 

WHEREAS, George E. Wolf, Jr., as Director of Public Works for the City of Kansas City, Missouri, and Colonel Donald R. Curtis Jr., as District Engineer for the Army Corps of Engineers, did execute and sign the Project Cooperation Agreement on September 18, 2001. NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the following described tracts of land are hereby condemned and taken in fee simple for public use for construction, reconstruction, maintenance, operation, patrol, and repair of flood protection levee improvements and any and all appurtenances incidental thereto in, under, along, upon, over and through that reach of the Blue River known as the Dodson Industrial District, in Kansas City, Jackson County, Missouri.

 

The Flood Protection Levee Easements shall be used by Kansas City as the permanent location of the flood protection levee 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, patrolling and repairing said flood protection levee improvements and any and all appurtenances incidental thereto in, under, along, upon, over and through said easement.

 

The Temporary Construction Easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during the construction of the levee, and all incidental appurtenances thereto, 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 flood protection levee facilities to be constructed in, under, along, upon, over and through such easements. However, said easement shall be kept free from additional depth of overburden, buildings, and any other structure or obstruction, which will interfere with the GRANTEE in entering upon said adjacent land and easement for the purpose of constructing, reconstructing, operating, repairing, patrolling, and maintaining such flood protection levee improvements and appurtenances.

 

The permanent and temporary easements hereby condemned and taken are described

as follows:

 

Flood Protection Levee Easements:

 

Tract 284. A parcel of land situated in a portion of Lot 1, BLUE RIVER HEIGHTS, a subdivision of land in Kansas City, Jackson County, Missouri located in the Southwest Quarter of the Southwest Quarter of Section 22, Township 48 North, Range 33 West of the Fifth Principal Meridian, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: (Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983, West Zone).

 

Commencing at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 22; Thence South 87E0405 East 244.90 feet, along the North line of the Southwest Quarter of the Southwest Quarter of said Section 22, to a point on the Easterly right-of-way line of Prospect Avenue, as now established, said point also being on a non-tangent curve concave to the East having a radius of 779.00 feet; Thence Southerly 126.48 feet, along said Easterly right-of-way line and said curve to the left having a chord bearing South 04E4355 West 126.34 feet, to the true point of beginning; Thence North 83E2741 East 15.94 feet; Thence South 57E0234 East 33.51 feet; Thence South 21E1407 East 142.65 feet; Thence North 61E0537 East 136.33 feet; Thence North 50E0922 East 60.91 feet; Thence North 44E4407 East 211.00 feet to a point on said North line; Thence South 87E0405 East 675.38 feet along said North line; Thence South 37E3911 West 0.45 feet; Thence South 69E5911 West 423.27 feet; Thence South 76E3416 West 277.11 feet; Thence South 35E2700 West 304.03 feet; Thence South 68E0218 West 53.84 feet to a point on the Easterly right-of-way line of said Prospect Avenue; Thence North 31E3513 West 60.62 feet along said Easterly right-of-way line; Thence North 30E0432 West 190.15 feet along said Easterly right-of-way line; Thence North 20E5815 West 92.10 feet along said Easterly right-of-way line; Thence North 18E4126 West 96.25 feet, along said Easterly right-of-way line, to the beginning of a curve concave to the East having a radius of 779.00 feet; Thence Northerly 13.13 feet, along said Easterly right-of-way line and said curve to the right having a chord bearing North 00E2408 West 13.13 feet, to the true point of beginning of the parcel herein described, containing 182,893 square feet or 4.1986 acres, more or less.

 


Tract 283. A parcel of land situated in a portion of Lot 3, AXTELL-MOLINARO INDUSTRIAL DISTRICT, a subdivision of land in Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows: (Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983, West Zone).

 

Beginning at the Southeast corner of said Lot 3; Thence North 87E0405 West 224.88 feet along the South line of said Lot 3; Thence North 44E4406 East 14.76 feet; Thence North 40E0143 East 349.13 feet; Thence North 41E1525 East 76.87 feet to a point on the East line of said Lot 3; Thence South 09E5828 West 352.44 feet, along said East line, to the point of beginning of the parcel herein described, containing 39,371 square feet or 0.9038 acres, more or less.

 

Temporary Construction Easements:

 

Tract 284. A parcel of land situated in a portion of Lot 1, BLUE RIVER HEIGHTS, a subdivision of land in Kansas City, Jackson County, Missouri located in the Southwest Quarter of the Southwest Quarter of Section 22, Township 48 North, Range 33 West of the Fifth Principal Meridian, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows:

 

Commencing at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 22; Thence South 87E0405 East 244.90 feet, along the North line of the Southwest Quarter of the Southwest Quarter of said Section 22, to a point on the Easterly right-of-way line of Prospect Avenue, as now established, said point also being on a non-tangent curve concave to the East having a radius of 779.00 feet; Thence Southerly 103.31 feet, along said Easterly right-of-way line and said curve to the left having a chord bearing South 05E3502 West 103.24 feet, to the true point of beginning; Thence North 83E2741 East 21.18 feet; Thence South 57E0234 East 49.17 feet; Thence South 21E1407 East 123.80 feet; Thence North 61E0537 East 107.86 feet; Thence North 50E0922 East 57.62 feet; Thence North 44E4407 East 189.37 feet to a point on said North line; Thence South 87E0405 East 30.81 feet along said North line; Thence South 44E4407 West 211.00 feet; Thence South 50E0922 West 60.91 feet; Thence South 61E0537 West 136.33 feet; Thence North 21E1407 West 142.65 feet; Thence North 57E0234 West 33.51 feet; Thence South 83E2741 West 15.94 feet, to a point on the Easterly right-of-way line of said Prospect Avenue, said point also being the beginning of a curve concave to the East having a radius of 779.00 feet; Thence Northerly 23.17 feet, along said Easterly right-of-way line and said curve to the right having a chord bearing North 00E5557 East 23.16 feet, to the true point of beginning of the parcel herein described, containing 13,200 square feet or 0.3030 acres, more or less.

 


Tract 283. A parcel of land situated in a portion of Lot 3, AXTELL-MOLINARO INDUSTRIAL DISTRICT, a subdivision of land in Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows: (Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983, West Zone).

 

Beginning at the Southwest corner of said Lot 3; Thence North 13E1140 East 47.98 feet along the West line of said Lot 3; Thence North 40E0143 East 321.35 feet; Thence North 41E1525 East 97.61 feet to a point on the Southerly right-of-way line of 88th Street Terrace, as now established; Thence South 76E0523 East 8.65 feet, along said Southerly right-of-way line, to the beginning of a curve concave to the South having a radius of 30.00 feet; Thence Easterly 0.36 feet, along said Southerly right-of-way line and said curve to the right having a chord bearing South 75E4445 East 0.36 feet, to a point on the East line of said Lot 3; Thence South 09E5828 West 28.82 feet along said East line; Thence South 41E1525 West 76.87 feet; Thence South 40E0143 West 349.13 feet; Thence South 44E4406 West 14.76 feet to a point on the South line of said Lot 3; Thence North 87E0405 West 0.12 feet, along said South line, to the point of beginning of the parcel herein described, containing 10,022 square feet or 0.2301 acres, more or less.

 

Section 2. That just compensation for the property taken or damaged shall be assessed and paid according to law; and the proceedings to determine compensation shall be prosecuted in one or more suits in the Circuit Court of Jackson County, Missouri at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1994, as supplemented or amended by Section 86.01 to 86.10 of the Rules of Civil Procedure. Payment of compensation shall be made by Kansas City in cash from funds appropriated for such purposes.

 

Section 3. That pending the acquisition of said lands by condemnation, the Director of City Development is hereby authorized to purchase said land out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

 

___________________________________________

 

Approved as to form and legality:

 

 

 

____________________________

John H. Altergott, Jr.

Assistant City Attorney