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Legislation #: 120780 Introduction Date: 8/30/2012
Type: Ordinance Effective Date: 9/30/2012
Sponsor: None
Title: Authorizing condemnation taking private property in fee simple for public use for street improvement project no. 89008020 (135th Street from Mo 150 Highway to Holmes Road), all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Public Works Department; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to record this ordinance in the office of the Recorder of Deeds for Jackson County.

Legislation History
DateMinutesDescription
8/29/2012 Filed by the Clerk's office
8/30/2012 Referred to Transportation & Infrastructure Committee
9/13/2012 Do Pass
9/13/2012 Assigned to Third Read Calendar
9/20/2012 Passed

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120780.pdf Recorded Info 137K recorded
Recorded Info 0K Ordinance mailed out for recording by Marilyn on 10/3/12
120780.pdf Authenticated 2954K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120780 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120780
120780 Fact Sheet.xls Fact Sheet 58K Fact Sheet

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ORDINANCE NO. 120780

 

Authorizing condemnation taking private property in fee simple for public use for street improvement project no. 89008020 (135th Street from Mo 150 Highway to Holmes Road), all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Public Works Department; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to record this ordinance in the office of the Recorder of Deeds for Jackson County.

 

WHEREAS, the Council finds that private property must be condemned for public use for street right of way required for the construction and maintenance of 135th Street in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the private properties are hereby authorized condemned and taken for public use in and upon the land hereinafter described for Project No. 89008020, 135th Street improvements, including any necessary appurtenances, in Kansas City, Jackson 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 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 way shall be used by Kansas City as the location of 135th Street improvements 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 said right of way for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements.

Section 4. The temporary easements shall be for grading and sloping, construction of any pertinent driveway and sidewalk pavements, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force.

Kansas City shall cause the surface of lands lying within said temporary easements to be restored to substantially to 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 of the project and acceptance of the improvements by the Director of Public Works, or for three (3) year duration, whichever is the first to occur.

Section 5. That the Street right of way and Temporary Easements are hereby authorized condemned and taken for public use and hereby described as follows:

 

Tract No. 7161 (located at 411 E. 135th St)

 

Street Right of way

 

A strip of land over part of the Northwest Quarter of the Southeast Quarter of Section 20, Township 47, Range 33, in the City of Kansas City, Jackson County, Missouri, said strip being more particularly as follows:

 

COMMENCING at the Northwest Corner of the Southeast Quarter of said Section 20; thence South 03 degrees 29 minutes 39 seconds West, along the West Line of said Southeast Quarter, a distance of 60.00 feet, to a point on the South right of way line of 135th STREET and also on the East Line of OAK STREET, as now established, said point also being the POINT OF BEGINNING; thence South 85 degrees 46 minutes 29 seconds East, along the South right of way line of said 135th STREET, a distance of 199.49 feet; thence South 03 degrees 29 minutes 39 seconds West, departing said right of way line, a distance of 2.00 feet; thence North 85 degrees 46 minutes 29 seconds West, a distance of 147.88 feet; thence Southwesterly along a curve to the left having an initial tangent bearing of South 76 degrees 01 minutes 49 minutes West, a radius of 40.00 feet, a central angle of 70 degrees 15 minutes 11 seconds and an arc distance of 49.05 feet, to a point of reverse curvature; thence Southwesterly and Southerly along a curve to the right, having a radius of 524.00 feet, a central angle of 7 degrees 31 minutes 10 seconds and an arc distance of 68.77 feet; thence South 13 degrees 22 minutes 46 seconds West, a distance of 14.43 feet; thence Southwesterly along a curve to the left having a radius of 476.00 feet, a central angle of 02 degrees 04 minutes 27 seconds, an arc distance of 17.23 feet; thence North 85 degrees 04 minutes 09 seconds West, a distance of 11.18 feet, to a point on the West Line of said Southeast Quarter, said point also being on the East right of way line of said OAK STREET; thence North 03 degrees 29 minutes 39 seconds East, along said right of way line and said section line, a distance of 138.50 feet, to the POINT OF BEGINNING, containing 3,404.4 square feet, more or less.


Temporary Construction easement (3-year duration)

 

A strip of land over part of the Northwest Quarter of the Southeast Quarter of Section 20, Township 47, Range 33, in the City of Kansas City, Jackson County, Missouri, said strip being more particularly as follows:

 

COMMENCING at the Northwest Corner of the Southeast Quarter of said Section 20; thence South 03 degrees 29 minutes 39 seconds West, along the West Line of said Southeast Quarter, a distance of 60.00 feet, to a point on the South right of way line of 135th STREET and the East Line of OAK STREET, as now established; thence South 85 degrees 46 minutes 29 seconds East, along said right of way line of 135th STREET, a distance of 199.49 feet; thence South 03 degrees 29 minutes 39 seconds West, departing said right of way line, a distance of 2.00 feet, to the POINT OF BEGINNING; thence continuing South 03 degrees 29 minutes 39 seconds West, a distance of 3.00 feet; thence North 85 degrees 46 minutes 29 seconds West, a distance of 57.18 feet; thence South 04 degrees 16 minutes 28 seconds West, a distance of 23.00 feet; thence North 85 degrees 46 minutes 29 seconds West, a distance of 50.00 feet; thence North 04 degrees 16 minutes 28 seconds East, a distance of 23.00 feet; thence North 85 degrees 46 minutes 29 seconds West, a distance of 28.22 feet, to a point of curvature; thence Westerly and Southwesterly along a curve to the left having an initial tangent bearing of North 85 degrees 43 minutes 40 seconds West, a radius of 35.00 feet, a central angle of 88 degrees 29 minutes 42 seconds and an arc distance of 54.06 feet, to a point of reverse curvature; thence Southwesterly and Southerly along a curve to the right having a radius of 529.00 feet, a central angle of 07 degrees 31 minutes 10 seconds and an arc distance of 69.43 feet; thence South 13 degrees 22 minutes 46 seconds West, a distance of 14.43 feet; thence Southwesterly along a curve to the left having a radius of 471.00 feet, a central angle of 02 degrees 00 minutes 23 seconds and an arc distance of 16.49 feet; thence North 85 degrees 04 minutes 09 seconds West, a distance of 5.03 feet; thence Northeasterly along a curve to the right having an initial tangent bearing of North 11 degrees 18 minutes 19 seconds East, a radius of 476.00 feet, a central angle of 02 degrees 04 minutes27 seconds and an arc distance of 17.23 feet; thence North 13 degrees 22 minutes 46 seconds East, a distance of 14.43 feet; thence Northeasterly and Northerly along a curve to the left having a radius of 524.00 feet, a central angle of 07 degrees 31 minutes 10 seconds and an arc distance of 68.77 feet; thence Northerly and Northeasterly along a curve to the right having a radius of 40.00 feet, a central angle of 70 degrees 15 minutes 11 seconds and an arc distance of 49.05 feet; thence South 85 degrees 46 minutes 29 seconds East, a distance of 147.88 feet, to the POINT OF BEGINNING, containing 2,330.8 square feet, more or less.

 

Section 6. That just compensation for the property taken 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 Jackson County, Missouri, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 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 the Department of Public Works is hereby authorized to negotiate the purchase of said land and pay for them out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by negotiation and purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

Section 8. That said right of way be condemned and conveyed to Kansas City, Missouri, in fee simple.

Section 9. That upon the effective date of this ordinance, the City Clerk is hereby directed to record this ordinance in the office of the Recorder of Deeds for Jackson County, Missouri.

_____________________________________________

Approved as to form and legality:

 

 

___________________________________

Theodore T. Anderson

Assistant City Attorney