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:

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Theodore T. Anderson

Assistant City Attorney