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Legislation #: 130919 Introduction Date: 11/26/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property in fee simple for public use in Platte County, Missouri for the Second Creek Interceptor Sewer project; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Platte County, Missouri.

Legislation History
DateMinutesDescription
11/21/2013 Filed by the Clerk's office
11/26/2013 Referred to Transportation & Infrastructure Committee
12/5/2013 Advance and Do Pass as a Committee Substitute, Debate
12/5/2013 Passed as Substituted

View Attachments
FileTypeSizeDescription
130919.pdf Authenticated 493K Authenticated
1st Creek-Farm Prtnrshp_Fact_Sheet(1).xls Fact Sheet 58K revised 1st Creek fact sheet
1st Creek-Farm Prtnrshp_Fact_Sheet(1).xls Fact Sheet 58K 1St Creek fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130919

 

Condemning and taking private property in fee simple for public use in Platte County, Missouri for the Second Creek Interceptor Sewer project; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Platte County, Missouri.

 

WHEREAS, the Council finds that private property must be condemned for the construction and maintenance of sewers, in Kansas City, Platte County, Missouri; and

 

WHEREAS, certain properties that have been acquired by the city need ownerships cleared; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permanent easements previously acquired for sewer main and appurtenances and recorded in the Recorder of Deeds Office, Platte County by Instrument numbers 2013002159 - Book 1205, Page 892, and 2013002160 - Book 1205, Page 893 along with temporary construction easements hereinafter described are hereby condemned and taken for public use, for the location, construction, reconstruction, maintenance, operation and repair of sanitary sewers as part of the Second Creek Interceptor Sewer project, in and upon the private lands hereinafter described, in Kansas City, Platte County, Missouri, the plan of which is on file in the Office of the Director of Water Services.

 

Section 2. That said improvements, once constructed and accepted by the City, shall be of the nature described and specified in, and shall be done in accordance with the plans on file in the Office of the Director of Water Services and incorporated herein by reference.

 

Section 3. That the standard sewer easements shall be used by Kansas City as the permanent location of the sanitary sewer improvement to be constructed therein including any necessary appurtenances to it; 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 improvements or making connections thereto.

 

Section 4. The temporary easements shall be used by the Developer during the construction for construction of sewers which may include but are not limited to, 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.

 

Section 5. The Developer 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 the Developer entered upon it, and said temporary easements shall terminate upon completion and acceptance of the improvements by the Director of Water Services.

 

Section 6. 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.

 

Section 7. The standard sewer easements and temporary construction easements are hereby condemned and described as follows:

 

Standard Sewer Easement

 

Tract 21 Permanent Easement

 

A tract of land generally located in the Northwest Quarter of Section 29 Township 52 North Range 33 West, in the city of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land being 30.00 feet wide, said tract being 15.00 feet north or east of and parallel with, together with a tract of land being 15.00 feet south or west of and parallel with the following described line:

 

Commencing at the Northwest Corner of the Northwest Quarter of Section 29 Township 52 North Range 33 West, thence easterly along the north line of said quarter section along a bearing of South 89 degrees 44 minutes 37 seconds, East, a distance of 1809.90 feet to a point 816.27 feet (deed Book 759, Page 79) west of the Northeast Corner of said Northwest Quarter; thence southerly along a bearing of South 00 degrees 12 minutes 22 seconds, West, (deed - South 00 degrees 13 minutes 05 seconds, West Book 759, Page 79) a distance of 225.86 feet to the Point of Beginning; thence easterly along a bearing of South 86 degrees 09 minutes 04 seconds, East, a distance of 419.43 feet to a point; thence southeasterly along a bearing of South 25 degrees 15 minutes 06 seconds, East, a distance of 695.20 feet to a point; thence southerly along a bearing of South 00 degrees 22 minutes 52 seconds, East, a distance of 584.58 feet to a point; thence southeasterly along a bearing of South 26 degrees 01 minutes 00 seconds, East, a distance of 196.37 feet to the point of terminus, said point being on the east line of said Northwest Quarter along a bearing of South 00 degrees 25 minutes 10 seconds, West, a distance of 1640.21 feet from the Northwest Corner of said Quarter Section, extending and shortening the sidelines so as to begin and end at the property lines, said tract containing 56,867 square feet or 1.31 acres more or less.

 

Tract 22 Permanent Easement

 

A tract of land generally located in the Northwest Quarter of Section 29 Township 52 North Range 33 West, in the city of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land being 30.00 feet wide, said tract being 15.00 feet north of and parallel with, together with a tract of land being 15.00 feet south of and parallel with the following described line:

 

Commencing at the Northwest Corner of the Northwest Quarter of Section 29 Township 52 North Range 33 West, thence easterly along the north line of said quarter section along a bearing of South 89 degrees 44 minutes 37 seconds, East, a distance of 1197.81 feet to the Point of Beginning, said point being 1428.35 feet west of the Northeast corner of said Northwest Quarter; thence southeasterly along a bearing of South 59 degrees 19 minutes 47 seconds, East, a distance of 414.55 feet to a point; thence easterly along a bearing of South 86 degrees 09 minutes 04 seconds, East, a distance of 255.28 feet to the point of terminus, extending and shortening the sidelines so as to begin and end at the property lines, said tract containing 20,095 square feet or 0.46 acres more or less.

 

Temporary Construction Easement

 

Tract 21 Temporary Construction Easement

 

A tract of land generally located in the Northwest Quarter of Section 29 Township 52 North Range 33 West, in the city of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land lying between a line drawn 15.00 feet north or east of and parallel with, and a line drawn 150.00 feet north or east of and parallel with, and a tract of land lying between a line drawn 15.00 feet south or west of and parallel with, and a line drawn 50.00 feet south or west of and parallel with the line described below:

 

Commencing at the Northwest Corner of the Northwest Quarter of Section 29 Township 52 North Range 33 West, thence easterly along the north line of said quarter section along a bearing of South 89 degrees 44 minutes 37 seconds, East, a distance of 1809.90 feet to a point 816.27 feet (deed Book 759, Page 79) west of the Northeast Corner of said Northwest Quarter; thence southerly along a bearing of South 00 degrees 12 minutes 22 seconds, West, (deed - South 00 degrees 13 minutes 05 seconds, West, Book 759, Page 79) a distance of 225.86 feet to the Point of Beginning; thence easterly along a bearing of South 86 degrees 09 minutes 04 seconds, East, a distance of 419.43 feet to a point; thence southeasterly along a bearing of South 25 degrees 15 minutes 06 seconds, East, a distance of 695.20 feet to a point; thence southerly along a bearing of South 00 degrees 22 minutes 52 seconds, East, a distance of 584.58 feet to a point; thence southeasterly along a bearing of South 26 degrees 01 minutes 00 seconds, East, a distance of 196.37 feet to the point of terminus, said point being on the east line of said Northwest Quarter along a bearing of South 00 degrees 25 minutes 10 seconds, West, a distance of 1640.21 feet from the Northwest Corner of said Quarter Section, extending and shortening the sidelines so as to begin and end at the property lines, said tract containing 281,392 square feet or 6.46 acres more or less.

 

Tract 22 Temporary Construction Easement

 

A tract of land generally located in the Northwest Quarter of Section 29 Township 52 North Range 33 West, in the city of Kansas City, Platte County, Missouri, being more particularly described as follows:

 

A tract of land lying between a line drawn 15.00 feet north or east of and parallel with, and a line drawn 150.00 feet north or east of and parallel with, and a tract of land lying between a line drawn 15.00 feet south or west of and parallel with, and a line drawn 50.00 feet south or west of and parallel with the line described below:

 

Commencing at the Northwest Corner of the Northwest Quarter of Section 29 Township 52 North Range 33 West, thence easterly along the north line of said quarter section along a bearing of South 89 degrees 44 minutes 37 seconds, East, a distance of 1197.81 feet to the Point of Beginning, said point being 1428.35 feet west of the Northeast corner of said Northwest Quarter; thence southeasterly along a bearing of South 59 degrees 19 minutes 47 seconds, East, a distance of 414.55 feet to a point; thence easterly along a bearing of South 86 degrees 09 minutes 04 seconds, East, a distance of 255.28 feet to the point of terminus, extending and shortening the sidelines so as to begin and end at the property lines, said tract containing 91,431 square feet or 2.10 acres more or less.

 

Section 8. That just compensation for the easements to be condemned and taken herein shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City from funds appropriated or to be appropriated for said purpose, and proceedings therefore shall be instituted and prosecuted in the Circuit Court of Missouri, Platte County, Missouri, pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86.01 to 86.10 of the Missouri Rules of Civil Procedure. Such costs shall be reimbursed by the Developer.

 

Section 9. That pending acquisition of the above described easements by condemnation, the Director of Water Services is hereby authorized to negotiate for and to purchase said easements, and such costs shall be reimbursed by the Developer. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

 

Section 10. That upon the effective date of this ordinance, the City Clerk is hereby directed to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Platte County, Missouri.

 

___________________________________________________

 

Approved as to form and legality:

 

 

______________________________

Theodore T. Anderson

Assistant City Attorney