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