ORDINANCE NO. 080060
Condemning and taking private
property in fee simple for the public purpose of widening and improving N.W.
Briarcliff Road from the intersection of N.W. Briarcliff Lane, N.W. Briarcliff
Parkway, and N.W. Briarcliff Road, east to N. Oak Trafficway, and acquiring
additional easements for: right of way, public utilities, and for temporary
access for construction purposes; providing for the payment of just
compensation therefore; authorizing continued negotiations by the Director of
City Development; consenting to the filing of the petition for condemnation by
the City Attorney, on behalf of the City; and authorizing the City Clerk to
file this ordinance with the Recorder of Deeds in Clay County, Missouri.
WHEREAS, the
Council finds that street right of ways, along with public utility easements and temporary construction easements must
be condemned for the purpose of constructing and maintaining streets, and
public utilities in Kansas City, Clay County, Missouri; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1.
Condemnation of Street Right of Way, Public Utility Easements and Temporary Construction Easements: That
Street Right of Way, Public Utility Easements and
Temporary Construction Easements are hereby condemned and taken for
public use for the location, construction, reconstruction, maintenance,
operation and repair of right of way, public utilities, and for temporary
access for construction purposes in and upon the private lands hereinafter
described, for Project Number 70052301, as Briarcliff Parkway Phase 1 Street
Improvements, Kansas City, Clay County, Missouri.
Section 2. Said
improvements shall be of the nature described and specified in, and shall be
done in accordance with, the plans and specifications certified by the City
Engineer under the supervision of the Director of Public Works, the same being
on file in the Office of the Director of Public Works and being incorporated
herein by reference.
Section 3. The
Street Right of Ways, along with the Public Utility Easements shall be used by
Kansas City as the permanent location of the, street and public utility
improvements to be constructed therein including any necessary appurtenances to
it; and Kansas City or its authorized agents, servants, employees or
contractors and with Kansas City's
permission, utility companies franchised to operate in Kansas City, Missouri, shall
have the right to enter in or authorize the entry in and upon such right of
way, and easements for the purpose of constructing, reconstructing,
maintaining, operating and repairing said improvements or making connections
thereto.
There shall be reserved to the
owners of the land in which such Public Utility Easements are taken and
condemned the right to use the land in any way which will not add or remove
additional depth of overburden to the land,
or place buildings, or any other structure or obstruction on the land
that may interfere with the proper, safe and continuous use and maintenance of
the facilities to be constructed in and upon such easements.
Section 4. The
Temporary Easements shall be used by Kansas City or its authorized agents,
servants, employees or contractors during the construction for utility
construction work, the storage of materials, the operation of equipment, and
the movement of a working force, as well as, grading and sloping, and the
removal and replacement of temporary structures (such as storage sheds, mail
boxes, etc.), fencing, trees and shrubbery, sidewalks and driveways.
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.
Section 5. The
Street Right of Ways, Public Utility Easements and Temporary Construction
Easements are hereby condemned and taken for public use and hereby described as
follows:
Tract: A9
New
Right of Way
All of the South
10.00 feet of the West 38.00 feet of Lot 3, and all of the South 10.00 feet of
the East 55.00 feet of Lot 4, all in Todd Highlands, a subdivision of land in
the Southwest Quarter of Section 2, Township 50 North, Range 33 West, in the
City of Kansas City, Clay County, Missouri. Containing 930 square feet, more or
less.
Temporary Construction Easement
All of that part of
the West 38.00 feet of Lot 3, and all of that part of the East 55.00 feet of
Lot 4, all in Todd Highlands, a subdivision of land in the Southwest Quarter of
Section 2, Township 50 North, Range 33 West, in the City of Kansas City, Clay County,
Missouri, described as follows: Commencing at the Southwest Corner of the East
55.00 feet of said Lot 4; thence North 00 44' 07" East, along the West
line of the East 55.00 feet of said Lot 4, a distance of 10.00 feet to the
Point of Beginning; thence continuing North 00 44' 07" East, along the
West line of the East 55.00 feet of said Lot 4, a distance of 46.00 feet;
thence South 89 15' 53" East a distance of 50.00 feet; thence South 00
44' 07" West a distance of 33.00 feet; thence South 89 15' 53" East
a distance of 43.00 feet to a point on the East line of the West 38.00 feet of
said Lot 3; thence South 00 44' 07" West, along the East line of the West
38.00 feet of said Lot 3, a distance of 17.10 feet; thence Westerly along a
curve to the left that is 10.00 North of and parallel with the South line of
said Lots 3 and 4, having a initial tangent bearing of North 79 37' 20"
West, a central angle of 09 38' 33", a radius of 290.00 feet, an arc
distance of 48.81 feet; thence North 89 15' 53" West, parallel with the
South line of said Lot 4, a distance of 44.42 feet to the Point of Beginning.
Containing 2,925 square feet, more or less.
TRACT: A13
New Right of Way
All of the South
10.00 feet of the East 83.05 feet of Lot 1, Todd Highlands, a subdivision of
land in the Southwest Quarter of Section 2, Township 50 North, Range 33 West,
in the City of Kansas City, Clay County, Missouri. Containing 831 square feet,
more or less.
Temporary
Construction Easement
All that part of Lot 1, Todd Highlands,
a subdivision of land in the Southwest Quarter of Section 2, Township 50 North,
Range 33 West, in the City of Kansas City, Clay County, Missouri, described as
follows: Commencing at the Southeast Corner of said Lot 1; thence North 00
21' 34" East, along the East line of said Lot 1, a distance of 10.00 feet
to the Point of Beginning; thence North 89 15' 53" West, along a line
that is 10.00 feet North of and parallel with the South line of said Lot 1, a
distance of 83.05 feet to a point on the West line of the East 83.05 feet of
said Lot 1; thence North 00 21' 34" East, along the West line of the East
83.05 feet of said Lot 1, a distance of 48.00 feet; thence South 89 15'
53" East, parallel with the South line of said Lot 1, a distance of 24.08
feet; thence South 00 44' 07" West a distance of 2.56 feet; thence South
89 15' 53" East, parallel with the South line of said Lot 1, a distance
of 10.00 feet; thence South 00 44' 07" West a distance of 40.50 feet;
thence South 89 15' 53" East, parallel with the South line of said Lot 1,
a distance of 39.25 feet; thence North 00 21' 34" East a distance of
10.00 feet; thence South 89 15' 53" East, parallel with the South line of
said Lot 1, a distance of 10.00 feet to the East line of said Lot 1; thence South
00 21' 34" West, along said East lot line a distance of 14.94 feet to the
Point of Beginning. Containing 1,946 square feet, more or less. The Bearings
used in this description are based upon the Missouri Coordinate System, 1983,
West Zone.
Tract A47
New Right of Way
All of the North
10.00 feet of Lot 36, Resurvey of Lots 12 to 20, Todd Highlands, a subdivision
of land in the Southwest Quarter of Section 2, Township 50 North, Range 33
West, in the City of Kansas City, Clay County, Missouri, being more
particularly described as follows: Beginning at the Northwest Corner of said
Lot 36; thence South 89 15' 53" East, along the North line of said Lot
36, a distance of 70.30 feet; thence Southeasterly along the Northeast Corner
of said Lot 36, around a curve to the right that is tangent to the last
described course, having a central angle of 36 52' 12", a radius of 50.00
feet, an arc distance of 32.18 feet; thence North 89 15' 53" West, along
a line that is 10.00 feet South of and parallel with the North line of said Lot
36, a distance of 100.18 feet to the West line of said Lot 36; thence North 00
03' 33" East, along the West line of said Lot 36, a distance of 10.00 feet
to the Point of Beginning. Containing 907 square feet, more or less. The
Bearings used in this description are based upon the Missouri Coordinate
System, 1983, West Zone.
Temporary
Construction Easement
All that part of Lot 36, Resurvey
of Lots 12 to 20, Todd Highlands, a subdivision of land in the Southwest
Quarter of Section 2, Township 50 North, Range 33 West, in the City of Kansas
City, Clay County, Missouri, described as follows: Beginning at the Southeast
Corner of said Lot 36; thence North 00 03' 33" East, along the East line
of said Lot 36, a distance of 50.59 feet; thence Northwesterly along the
Northeast Corner of said Lot 36, around a curve to the left that is tangent to
the last described course, having a central angle of 52 27' 15", a radius
of 50.00 feet, an arc distance of 45.77 feet; thence North 89 15' 53"
West, along a line that is 10.00 feet South of and parallel with the North line
of said Lot 36, a distance of 100.18 feet to the West line of said lot; thence
South 00 03' 33" West, along said West lot line, a distance of 26.50
feet; thence South 89 15' 53" East, parallel with the North line of said
Lot 36, a distance of 50.00 feet; thence North 00 44' 07" East a distance
of 16.50 feet; thence South 89 15' 53" East, parallel with the North line
of said Lot 36, a distance of 39.52 feet; thence South 00 03' 33" West,
along a line that is 30.00 feet West of and parallel with the East line of said
Lot 36, a distance of 80.00 feet to the South line of said Lot 36; thence South
89 15' 53" East, along the South line of said Lot 36, a distance of 30.00
feet to the Point of Beginning. Containing 4,192 square feet, more or less.
The Bearings used in this description are based upon the Missouri Coordinate
System, 1983, West Zone.
Tract A54
Public Utility
Easement
All that part of Lot
10, Block 3, Resurvey of Northcrest, a subdivision of land in the Southwest
Quarter of Section 2, Township 50 North, Range 33 West, in the City of Kansas
City, Clay County, Missouri, that lies within a 15.00 feet wide strip of land,
lying 7.50 feet on each side of the following described centerline: Commencing
at the Northeast Corner of said Lot 10; thence South 21 13' 25" East,
along the East line of said Lot 10, a distance of 22.64 feet to the Point of
Beginning of the centerline to be herein described; thence South 01 55 09
West a distance of 95.19 feet to the Point of Termination of said centerline on
the Southerly line of said Lot 10, said point being 37.93 feet distant Westerly
of the Southeasterly Corner of said Lot 10, as measured along said Southerly
lot line. The sidelines of which shall be shortened or elongated to meet the
East and Southerly lines of said Lot 10. Except for any part thereof within
the North 5.00 feet of said Lot 10. Containing 1,428 square feet, more or
less. The Bearings used in this description are based upon the Missouri
Coordinate System, 1983, West Zone.
Temporary
Construction Easement
All that part of Lot 10, Block 3, Resurvey
of Northcrest, a subdivision of land in the Southwest Quarter of Section 2,
Township 50 North, Range 33 West, in the City of Kansas City, Clay County,
Missouri, that lies within a 25.00 feet wide strip of land, lying 12.50 feet on
each side of the following described centerline: Commencing at the Northeast
Corner of said Lot 10; thence South 21 13' 25" East, along the East line
of said Lot 10, a distance of 22.64 feet to the Point of Beginning of the
centerline to be herein described; thence South 01 55 09 West a distance of
95.19 feet to the Point of Termination of said centerline on the Southerly line
of said Lot 10, said point being 37.93 feet distant Westerly of the
Southeasterly Corner of said Lot 10, as measured along said Southerly lot
line. The sidelines of which shall be shortened or elongated to meet the East,
North, and Southerly lines of said Lot 10. Except for any part thereof within
the North 5.00 feet of said Lot 10 and except for any part thereof that lies
within 7.50 feet on each side of the centerline described herein. Containing
916 square feet, more or less. The Bearings used in this description are based
upon the Missouri Coordinate System, 1983, West Zone.
Section 6. 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 Clay County, Missouri,
pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 2007,
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 from funds
appropriated for such purposes.
Section 7. 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.
Section 8. That
in widening said street certain public utility corporation easements may be included
within the boundaries of the lands acquired for permanent easements described
herein, and in that regard Kansas City reserves unto such public utility
corporations the right to keep and maintain such physical improvements as are
presently located within such easements in conformance with the street
improvement to be made by the City. Where no such physical improvements are
presently located within such easements, said corporations shall have the right
to locate, construct and maintain their respective improvements, subject,
however, to the rights acquired herein by the City to construct and maintain
the street improvements within the limits of the said lands acquired for
permanent easements described herein, and in conformance with the re-established
grade of the street improvements.
Section 9. That
the Street Right of Ways, Public Utility Easements and Temporary Construction
Easements in the above described tracts be condemned and conveyed to Kansas
City, Missouri.
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, Clay County, Missouri.
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Approved as to
form and legality:
___________________________________
Theodore T.
Anderson
Assistant City Attorney