Title
An Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements for roadway, water, storm water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Ward Road and Persels Road Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
(Note: First read by Council on January 21, 2025. Passed by unanimous vote. Substitute Bill provided after first reading.)
Body
Issue/Request:
An Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements for roadway, water, storm water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Ward Road and Persels Road Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
Key Issues:
• As approved under the 2017 CIP sales tax renewal, the Ward Road and Persels Road Intersection Project would enhance safety and traffic operations through the Ward and Persels intersection by consolidating the two intersections of Persels into one. The north T intersection of Persels at Ward will be shifted to realign with the south T intersection. In addition to realigning the split intersections, this Project includes connectivity of the Rock Island Trail, street lights, traffic signal consolidation, waterline relocation and replacement, and storm sewer repairs and modifications.
• City staff has tried to acquire the necessary land interests for the Project through negotiation and have been unsuccessful pertaining to those remaining right of way, easement and land purchase needs to date.
• The City Council for the City of Lee’s Summit, Missouri, deems it necessary, desirable, advisable and in the public interest to obtain land, right of way, permanent easements and temporary construction easements for the purpose of constructing the Project.
• 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.
Proposed City Council Motion:
I move for adoption of an Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements for roadway, water, storm water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Ward Road and Persels Road Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
Background:
The Project will enhance safety and traffic operations through the Ward and Persels intersection by consolidating the two intersections of Persels into one. The north T intersection of Persels at Ward will be shifted to realign with the south T intersection.
This intersection has been documented as one of the top ten crash locations in the City due to the geometry of the offset intersections, excessive vehicular queue lengths, and insufficient space for turn lanes or proper signal timing. In addition to realigning the split intersections, this Project includes connectivity of the Rock Island Trail, street lights, traffic signal consolidation, waterline relocation and replacement, and storm sewer repairs and modifications.
The Rock Island Trail currently runs along the south side of Persels on the east side, crosses to the north on the east side of the Ward intersection, and continues west along the north side of Persels. With this Project, the trail will have a permanent crossing at Ward, eliminating the unnecessary risk due to the proximity of multiple intersections. The Persels crossing is anticipated to be safer as it will be across a roadway with a lower volume than today. The Project will benefit motorists, cyclists, and pedestrian safety.
The Project has received $1.25M in FY24 Congestion Mitigation Air Quality Federal Funds. The funds were moved from FY24 to FY25 in consideration of delays caused by Jackson County. The federal funds cannot be moved again and may be subject to loss given FY25 funding is over programmed in the region (e.g. there’s not enough money to complete all awarded projects by MARC due to FY24 reallocations and movement; thus, early obligations are necessary before the CMAQ program balance is depleted).
The City has acquired the necessary interests in 15 of 18 of the properties to complete this Project. The three outstanding properties are as follows: The Bryant Family Trust for right of way, utility, and temporary construction easement located on the east side of Ward Road, as depicted on Tract Map 11 Exhibit A; Daniel L. Brabant, a total taking of property for right of way located on the east side of Ward Road, as depicted on Tract 22 Exhibit A; Jackson County for a part of the Rock Island Trail for roadway, water line, storm drainage, utility, and temporary construction easement located on the west and east side of Ward Road, as depicted on Tract Map 24 Exhibit A.
Impact/Analysis:
Failure to obtain the necessary land and easements through eminent domain will delay the project, stop the project, or significantly increase the cost of acquisition. This Ordinance would provide for the City to use the power of eminent domain (condemnation) to acquire land, permanent easements and temporary construction easements from the parcels listed in the ordinance as needed. In the interim and during condemnation, negotiations for necessary property acquisition may continue in support of the project.
Timeline:
Start: Upon approval of ordinance.
Presenter
Curt Powelson, Senior Right of Way Agent
Recommendation
Staff recommends approval of an Ordinance determining and declaring the necessity of acquiring for public use certain land, right of way, permanent easements and temporary construction easements for roadway, water, storm water, utilities, pedestrian amenities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Ward Road and Persels Road Intersection Project; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.