City Council Information Form DATE: 08/12/2015 ASSIGNED STAFF: Trevor Stiles DEPARTMENT: Law Department TYPE OF FORM: Ordinances Form No.: 4975 APPROVALS: law: tstiles 08/12/2015 ISSUE/REQUEST: AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CERTAIN PUBLIC WITH SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH THE PROPOSED ST. MICHAEL THE ARCHANGEL HIGH SCHOOL IN THE AREA OF LEE S SUMMIT ROAD AND STROTHER ROAD IN LEE S SUMMIT, MISSOURI; AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS IN LAND; AND AUTHORIZING THE CITY ATTORNEY AND HIS DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH INTERESTS IN LAND CANNOT BE ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS. KEY ISSUES: This ordinance would provide for the City to use the power of eminent domain (a/k/a condemnation) to acquire sanitary sewer and temprorary construction easements for a new sanitary sewer line located in the area of Lee's Summit Road and Strother Road. This sanitary sewer line would serve the newly proposed St. Michael the Archangel Highschool in additon to the residents currently occupying the area near Lee's Summit Road and Strother Road, which are without sanitary sewer. The majority of the easements for the sanitary sewer line have already been aquired, this conemndation concerns real property owned by Lakewood Property Owners Association. PROPOSED CITY COUNCIL MOTION: FIRST MOTION: For second reading of AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CERTAIN PUBLIC WITH SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH THE PROPOSED ST. MICHAEL THE ARCHANGEL HIGH SCHOOL IN THE AREA OF LEE S SUMMIT ROAD AND STROTHER ROAD IN LEE S SUMMIT, MISSOURI; AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS IN LAND; AND AUTHORIZING THE CITY ATTORNEY AND HIS DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH INTERESTS IN LAND CANNOT BE ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS.
SECOND MOTION: I move for adoption of AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CERTAIN PUBLIC WITH SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH THE PROPOSED ST. MICHAEL THE ARCHANGEL HIGH SCHOOL IN THE AREA OF LEE S SUMMIT ROAD AND STROTHER ROAD IN LEE S SUMMIT, MISSOURI; AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS IN LAND; AND AUTHORIZING THE CITY ATTORNEY AND HIS DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH INTERESTS IN LAND CANNOT BE ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS. BACKGROUND:(including location, programs/departments affected, and process issues) IMPACT/ANALYSIS: TIMELINE Start: Finish: OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMMENDATION OTHER BOARDS AND COMMISSIONS ASSIGNED: Not Applicable DATE: ACTION: COUNCIL COMMITTEE ASSIGNED: Not Applicable DATE: ACTION: List of Reference Documents Attached 1. Ordinance 2. Exhibit A to Ordinance
AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH THE PROPOSED ST. MICHAEL THE ARCHANGEL HIGH SCHOOL IN THE AREA OF LEE S SUMMIT ROAD AND STROTHER ROAD IN LEE S SUMMIT, MISSOURI; AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS IN LAND; AND AUTHORIZING THE CITY ATTORNEY AND HIS DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH INTERESTS IN LAND CANNOT BE ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS. WHEREAS, the City Council for the City of Lee s Summit, Missouri deems it necessary, desirable, advisable and in the public interest to obtain certain permanent easements and temporary construction easements for the purpose of constructing a city owned and public sanitary sewer line that would serve the area of Lee s Summit Road and Strother Road in addition to the proposed St. Michael the Archangel High School in Lee s Summit, as specified in the project plans on file in the City of Lee s Summit Water Utilities Department, together with all appurtenances thereto, under, over, upon across and through certain tracts of land within Lee s Summit, Jackson County, Missouri; and WHEREAS, the City has the authority by virtue of Sections 88.010 to 88.070, 88.073, and 82.240 of the Revised Statutes of the State of Missouri, 2000, as amended, and by virtue of the Charter of the City of Lee s Summit, Missouri, to acquire private property by condemnation proceedings for any public or municipal use, including uses or purposes stated herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEE S SUMMIT, MISSOURI, as follows: SECTION 1. That it is hereby found, determined and declared that it is necessary and in the public interest for the public purpose of constructing a sanitary sewer line in the area of Lee s Summit Road and Strother Road as depicted in Exhibit A attached hereto and incorporated by reference as if fully set forth herein in the City of Lee s Summit, Jackson County, Missouri, pursuant to plans and specifications on file with the Lee s Summit Water Utilities Department, to acquire, by purchase or condemnation proceedings, certain permanent easements and temporary construction easements for such public improvements, including but not limited to installation of a sanitary sewer line, and all work incidental and subsidiary thereto all of which are situated in the City of Lee s Summit, Jackson County, Missouri, and are legally described in Exhibit B attached hereto and incorporated by reference as if fully set forth herein. SECTION 2. That the City Manager and his designees are hereby authorized to negotiate with the owners of property herein described for the purpose of acquiring certain permanent easements and temporary construction easements, relating to the property herein described. SECTION 3. That the City Manager and his designees are hereby authorized to execute necessary documents to pay and disburse funds to property owners, others holding property rights and escrow agents pursuant to negotiated agreements. Page 1
SECTION 4. That, in the event of failure, following good faith negotiations, to reach agreement on the amount of compensation to be paid for such permanent easements and temporary construction easements, and the acquisition thereof by purchase, the City Attorney and his designees, including special counsel, are hereby authorized and directed to institute condemnation proceedings for the purpose of acquiring such permanent permanent easements and temporary construction easements in the manner provided by the Revised Statutes of Missouri. SECTION 5. That this ordinance shall be in full force and effect from and after the date of its passage, adoption, and approval by the Mayor. PASSED by the City Council of the City of Lee's Summit, Missouri, this day of, 2015. ATTEST: City Clerk Denise R. Chisum Mayor Randall L. Rhoads APPROVED by the Mayor of said city this day of, 2015. ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum APPROVED AS TO FORM: Chief of Litigation Trevor L. Stiles Office of the City Attorney Page 2
EXHIBIT A [DIAGRAM OF PROPOSED SANITARY SEWER EASEMENT] Page 3
Sanitary Sewer Easement 5 Description: EXHIBIT B A strip of land 25.00 feet in width over part of LAKE LEE S SUMMIT, a subdivision in the Northeast Quarter of Section 18, Township 48 North, Range 31 West of the 5th Principal Meridian in Lee s Summit, Jackson County, Missouri, lying 12.50 feet on each side of the following described centerline: Commencing at the Southwest corner of said Northeast Quarter; thence South 87 43'40" East, along the South line of said LAKE LEE S SUMMIT, 743.01 feet to the Point of Beginning of the centerline to be herein described; thence North 19 15'59" East, 163.84 feet to the Point of Termination of said centerline. The outer limits of said strip of land are to be lengthened or shortened as necessary to terminate on the grantors property line. Temporary Construction Easement 5 Description: A tract of land being part of LAKE LEE S SUMMIT, a subdivision in the Northeast Quarter of Section 18, Township 48 North, Range 31 West of the 5th Principal Meridian in Lee s Summit, Jackson County, Missouri, being bounded and described as follows: Commencing at the Southwest corner of said Northeast Quarter; thence South 87 43'40" East, along the South line of said Northeast Quarter and LAKE LEE S SUMMIT, 701.18 feet to the Point of Beginning of the tract of land to be herein described; thence North 19 15'59" East, 176.07 feet; thence South 70 44'01" East, 70.00 feet; thence South 19 15'59" West, 154.68 feet to a point on said South line; thence North 87 43'40" West, along said South line, 73.20 feet to the Point of Beginning. Containing 11,576 square feet or 0.27 acres, more or less. Page 4
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