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Legislation #: 100312 Introduction Date: 4/15/2010
Type: Ordinance Effective Date: 5/8/2010
Sponsor: None
Title: Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the vicinity of 55th Street and Bennington Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by Water Services; and authorizing the City Clerk to record this ordinance in the Office of the Jackson County Recorder.

Legislation History
DateMinutesDescription
4/14/2010 Filed by the Clerk's office
4/15/2010 Referred to Transportation and Infrastructure Committee
4/22/2010 Do Pass
4/22/2010 Assigned to Third Read Calendar
4/29/2010 Passed

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Factsheet_3790(condemn).xls Fact Sheet 49K condemn fct sht 3790

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ORDINANCE NO. 100312

 

Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the vicinity of 55th Street and Bennington Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by Water Services; and authorizing the City Clerk to record this ordinance in the Office of the Recorder of Deeds for Jackson County.

WHEREAS the Council finds that certain permanent and temporary easements must be condemned for the purpose of locating, relocating, constructing and maintaining sanitary sewers and necessary appurtenances in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Properties are hereby condemned and taken for public use in and upon the private lands hereinafter described, for Project Number 089003790, Sewer Districts 719, 11040-11042 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 Water Services, the same being on file in the Office of the Director of Water Services and being incorporated herein by reference.

Section 3. The permanent and temporary easements shall be used by Kansas City as the permanent location of sanitary sewer 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 such right of way, and easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

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.

There shall be reserved to the owners of the land in which such Permanent 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.

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, or in five years, whichever is the first event to occur.

Section 5. That the Permanent and Temporary Easements are hereby condemned and taken for public use and hereby described as follows:

Permanent Sanitary Sewer Easement-Tract 1

A tract of land situated in the Southeast Quarter of Section 36, Township 49 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 87°33’38” East 362.97 feet along the North line of the Southeast Quarter of said Section 36; thence South 02 degrees 26 minutes 22 seconds West 25.00 feet, along a line perpendicular to said North line, to a point on the South right-of-way line of 55th Street, as now established, said point also being the “true point of beginning”; thence South 87 degrees 33 minutes 38 seconds East 15.13 feet along said South right-of-way line; thence South 04 degrees 56 minutes 14 seconds East 252.51 feet; thence South 59 degrees 29 minutes 05 seconds West 99.79 feet; thence South 20 degrees 57 minutes 06 seconds East 261.81 feet to a point 11.50 feet North of and at right angles to the South line of a certain tract of land conveyed by Warranty Deed recorded in Book K-2440 at Page 1768; thence South 87 degrees 33 minutes 38 seconds East 142.34 feet along a line 11.50 feet North of and parallel with said South line; thence South 02 degrees 22 minutes 58 seconds West 11.50 feet to a point on said South line; thence North 87 degrees 33 minutes 38 seconds West 154.83 feet along said South line; thence North 03 degrees 06 minutes 06 seconds East 2.49 feet; thence North 20 degrees 57 minutes 06 seconds West 277.82 feet; thence North 59 degrees 29 minutes 05 seconds East 103.03 feet; thence North 04 degrees 56 minutes 14 seconds West 245.01 feet to the “true point of beginning” of the tract herein described, containing 11,024 square feet or 0.2531 acres, more or less.

Temporary Construction Easement-Tract 1

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 87 degrees 33 minutes 38 seconds East 362.97 feet along the North line of the Southeast Quarter of said Section 36; thence South 02 degrees 26 minutes 22 seconds West 25.00 feet, along a line perpendicular to said North line, to a point on the South right-of-way line of 55th Street, as now established, said point also being the “true point of beginning”; thence South 04 degrees 56 minutes 14 seconds East 245.01 feet; thence South 59 degrees 29 minutes 05 seconds West 103.03 feet; thence South 20 degrees 57 minutes 06 seconds East 277.82 feet; thence South 03 degrees 6 minutes 06 seconds West 2.49 feet to a point on the South line of a certain tract of land conveyed by Warranty Deed recorded in Book K-2440 at Page 1768; thence North 87 degrees 33 minutes 38 seconds West 17.96 feet along said South line; thence North 20 degrees 57 minutes 06 seconds West 287.76 feet; thence North 59 degrees 29 minutes 05 seconds East 106.80 feet; thence North 04 degrees 56 minutes 14 seconds West 236.25 feet to a point on said South right-of-way line; thence South 87 degrees 33 minutes 38 seconds East 17.65 feet, along said South right-of-way line, to the “true point of beginning” of the tract herein described, containing 11,018 square feet or 0.2529 acres, more or less, except that part lying in existing utility easements.

 

AND

 

A tract of land situated in the Southeast Quarter of Section 36, Township 49 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 87 degrees 33 minutes 38 seconds East 378.10 feet along the North line of the Southeast Quarter of said Section 36; thence South 02 degrees 26 minutes 22 seconds West 25.00 feet, along a line perpendicular to said North line, to a point on the South right-of-way line of 55th Street, as now established, said point also being the “true point of beginning”; thence South 87 degrees 33 minutes 38 seconds East 17.65 feet along said South right-of-way line; thence South 04 degrees 56 minutes 14 seconds East 261.27 feet; thence South 59 degrees 29 minutes 05 seconds West 96.02 feet; thence South 20 degrees 57 minutes 06 seconds East 235.51 feet to a point 29.00 feet North of and at right angles to the South line of a certain tract of land conveyed by Warranty Deed recorded in Book K-2440 at Page 1768; thence South 87 degrees 33 minutes 38 seconds East 148.33 feet along a line 29.00 feet North of and parallel with said South line; thence South 02 degrees 22 minutes 58 seconds West 29.00 feet to a point on said South line; thence North 87 degrees 33 minutes 38 seconds West 17.50 feet along said South line; thence North 02 degrees 22 minutes 58 seconds East 11.50 feet; thence North 87 degrees 33 minutes 38 seconds West 142.34 feet along a line 11.50 feet North of and parallel with said South line; thence North 20 degrees 57 minutes 06 seconds West 261.81 feet; thence North 59 degrees 29 minutes 05 seconds East 99.79 feet; thence North 04 degrees 56 minutes 14 seconds West 252.51 feet to the “true point of beginning” of the tract herein described, containing 13,458 square feet or 0.3090 acres, more or less, except that part lying in existing easements.

Permanent Sanitary Sewer Easement-Tract 2

A tract of land situated in the Southeast Quarter of Section 36, Township 49 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 02 degrees 22 minutes 58 seconds West 581.50 feet, along the West line of the Southeast Quarter of said Section 36, to the Northwest corner of a certain tract of land conveyed by Warranty Deed recorded in Book 866 at Page 1089; thence South 87 degrees 33 minutes 38 seconds East 417.67 feet, along the North line of said certain tract of land conveyed by Warranty Deed recorded in Book 866 at Page 1089, to a point on the north line of a certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021, said point also being the “true point of beginning”; thence South 87 degrees 33 minutes 38 seconds East 154.83 feet along said North line; thence South 02 degrees 22 minutes 58 seconds West 181.34 feet to a point being 11.50 feet North of and at right angles to the South line of said certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021; thence South 87 degrees 37 minutes 21 seconds East 108.68 feet along a line 11.50 feet North of and parallel with said South line; thence South 88 degrees 44 minutes 45 seconds East 160.77 feet; thence North 49 degrees 56 minutes 52 seconds East 122.05 feet to the Northwest corner of a certain tract of land conveyed by Deed of Release recorded in Book K-652 at Page 1293; thence South 02 degrees 22 minutes 58 seconds West 20.32 feet along the West line of said certain tract of land conveyed by Deed of Release recorded in Book K-652 at Page 1293; thence South 49 degrees 56 minutes 52 seconds West 107.66 feet; thence South 00 degrees 08 minutes 42 seconds East 4.04 feet to a point on said South line; thence North 87 degrees 37 minutes 21 seconds West 291.72 feet, along said South line, to the Southeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12; thence North 02 degrees 22 minutes 58 seconds East 97.00 feet, along the East line of said certain tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12, to the Northeast corner of said tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12; thence North 87 degrees 37 minutes 21 seconds West 5.00 feet along the North line of said certain tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12; thence North 02 degrees 22 minutes 58 seconds East 92.35 feet to a point being 3.50 feet South of and at right angles to the North line of said certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021; thence North 87 degrees 33 minutes 38 seconds West 123.37 feet along a line 3.50 feet South of and parallel with said North line; thence South 03 degrees 06 minutes 06 seconds West 92.49 feet to a point on the North line of said certain tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12; thence North 87 degrees 37 minutes 21 seconds West 15.00 feet, along said North line, to a point on the North line of a certain tract of land conveyed by Warranty Deed recorded in Book K-1080 at Page 728; thence North 03 degrees 06 minutes 06 seconds East 96.01 feet to the “true point of beginning” of the tract herein described, containing 9,743 square feet or 0.2237 acres, more or less.

Temporary Construction Easement-Tract 2

A tract of land situated in the Southeast Quarter of Section 36, Township 49 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1)

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 02°22’58” West 677.92 feet along the West line of the Southeast Quarter of said Section 36; thence South 87 degrees 37 minutes 02 seconds East 398.97 feet, along a line perpendicular to said West line, to a point on the North line of a certain tract of land conveyed by Warranty Deed recorded in Book K-1080 at Page 728, said point also being the “true point of beginning”; thence North 03 degrees 06 minutes 06 seconds East 96.03 feet to a point on the North line of a certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021; thence South 87 degrees 33 minutes 38 seconds East 17.50 feet along said North line; thence South 03 degrees 06 minutes 06 seconds West 96.01 feet to a point on the North line of said certain tract of land conveyed by Warranty Deed recorded in Book K-1080 at Page 728; thence North 87 degrees 37 minutes 21 seconds West 17.50 feet, along said North line, to the “true point of beginning” of the tract herein described, containing 1,680 square feet or 0.0386 acres, more or less, except that part lying in existing utility easements.

 

AND

 

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 02 degrees 22 minutes 58 seconds West 677.92 feet along the West line of the Southeast Quarter of said Section 36; thence South 87 degrees 37 minutes 02 seconds East 431.47 feet, along a line perpendicular to said West line, to a point on the North line of a certain tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12, said point also being the “true point of beginning”; thence North 03 degrees 06 minutes 06 seconds East 92.49 feet to a point being 3.50 feet South of and at right angles to the North line of a certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021; thence South 87 degrees 33 minutes 38 seconds East 123.37 feet along a line 3.50 feet South of and parallel with said North line; thence South 02 degrees 22 minutes 58 seconds West 92.35 feet to a point on the North line of said certain tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12; thence North 87 degrees 37 minutes 21 seconds West 16.00 feet along said North line; thence North 02 degrees 22 minutes 58 seconds East 74.87 feet to a point being 21.00 feet South of and at right angles to the North line of said certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021; thence North 87 degrees 33 minutes 38 seconds West 90.09 feet along a line 21.00 feet South of and parallel with said North line; thence South 03 degrees 06 minutes 06 seconds West 74.97 feet to a point on the North line of said certain tract of land conveyed by Warranty Deed recorded in Book K-48 at Page 12; thence North 87 degrees 37 minutes 21 seconds West 17.50 feet, along said North line, to the “true point of beginning” of the tract herein described, containing 4,671 square feet or 0.1072 acres, more or less, except that part lying in existing utility easements.

 

AND

 

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 02 degrees 22 minutes 58 seconds West 581.50 feet, along the West line of the Southeast Quarter of said Section 36, to the Northwest corner of a certain tract of land conveyed by Warranty Deed recorded in Book 866 at Page 1089; thence South 87 degrees 33 minutes 38 seconds East 572.50 feet, along the North line of said certain tract of land conveyed by Warranty Deed recorded in Book 866 at Page 1089, to a point on the North line of a certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021, said point also being the “true point of beginning”; thence South 87 degrees 33 minutes 38 seconds East 17.50 feet along said North line; thence South 02 degrees 22 minutes 58 seconds West 163.82 feet to a point being 29.00 feet North of and at right angles to the South line of said certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021; thence South 87 degrees 37 minutes 21 seconds East 91.00 feet along a line 29.00 feet North of and parallel with said South line; thence South 88 degrees 44 minutes 45 seconds East 154.01 feet; thence North 49 degrees 56 minutes 52 seconds East 130.15 feet; thence South 88 degrees 15 minutes 12 seconds East 0.97 feet to a point on the East line of a certain tract of land conveyed by Quit Claim Deed recorded in Book K-1246 at Page 508; thence South 02 degrees 22 minutes 58 seconds West 22.84 feet along said East line; thence South 49 degrees 56 minutes 52 seconds West 122.05 feet; thence North 88 degrees 44 minutes 45 seconds West 160.77 feet to a point being 11.50 feet North of and at right angles to said South line; thence North 87 degrees 37 minutes 21 seconds West 108.68 feet along a line 11.50 feet North of and parallel with said South line; thence North 02 degrees 22 minutes 58 seconds East 181.34 feet to the “true point of beginning” of the tract herein described, containing 9,739 square feet or 0.2236 acres, more or less, except that part lying in existing utility easements.

 

AND

 

Commencing at the Northwest corner of the Southeast Quarter of said Section 36; thence South 02 degrees 22 minutes 58 seconds West 774.96 feet, along the West line of the Southeast Quarter of said Section 36, to the Southwest corner of a certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021; thence South 87 degrees 37 minutes 21 seconds East 852.72 feet, along the South line of said certain tract of land conveyed by Corporate Deed of Release recorded in Doc. No. 2003K0046021, to the “true point of beginning”; thence North 00 degrees 08 minutes 42 seconds West 4.04 feet; thence North 49 degrees 56 minutes 52 seconds East 107.66 feet to the Northwest corner a certain tract of land conveyed by Deed of Release recorded in Book K-652 at Page 1293; thence South 02 degrees 22 minutes 58 seconds West 23.71 feet along the West line of said certain tract of land conveyed by Deed of Release recorded in Book K-652 at Page 1293; thence South 49 degrees 56 minutes 52 seconds West 70.45 feet; thence South 00 degrees 08 minutes 42 seconds East 5.44 feet to a point on said South line; thence North 87 degrees 37 minutes 21 seconds West 27.53 feet, along said South line, to the “true point of beginning” of the tract herein described, containing 1,689 square feet or 0.0388 acres, more or less, except that part lying in existing utility easements.

Permanent Sanitary Sewer Easement-Tract 14

A parcel of land situated in a portion of Lot 14, “Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northeast corner of said Lot 14; thence South 02 degrees 22 minutes 58 seconds West 85.98 feet along the East line of said Lot 14; thence North 00 degrees 08 minutes 42 seconds West 85.63 feet; thence North 88 degrees 44 minutes 45 seconds West 111.50 feet to a point on the East right-of-way line of Ewing Avenue, as now established; thence North 02 degrees 22 minutes 58 seconds East 2.62 feet, along said East right-of-way line, to a point on the North line of said Lot 14; thence South 87 degrees 37 minutes 21 seconds East 115.25 feet, along said North line, to the “point of beginning” of the parcel herein described, containing 333 square feet or 0.0077 acres, more or less.

Temporary Construction Easement-Tract 14

A tract of land situated in the Southeast Quarter of Section 36, Township 49 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983)

 

A parcel of land situated in a portion of Lot 14, “Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows: Beginning at the Southeast corner of said Lot 14; thence North 88 degrees 28 minutes 10 seconds West 5.00 feet; thence North 02 degrees 22 minutes 58 seconds East 41.02 feet along a line 5.00 feet West of and parallel with the East line of said Lot 14; thence North 00 degrees 08 minutes 42 seconds West 124.83 feet; thence North 88 degrees 44 minutes 45 seconds West 90.61 feet, to a point on the East right-of-way line of Ewing Avenue, as now established, said point being on a non-tangent curve concave to the Southwest having a radius of 51.74 feet; thence Northwesterly 19.56 feet along said East right-of-way line and said curve to the left having a chord bearing North 44 degrees 20 minutes 08 seconds West 19.44 feet; thence North 02 degrees 22 minutes 58 seconds East 3.90 feet along said East right-of-way line; thence South 88 degrees 44 minutes 45 seconds East 111.50 feet; thence South 00 degrees 08 minutes 42 seconds East 85.63 feet to a point on the East line of said Lot 14; thence South 02 degrees 22 minutes 58 seconds West 97.74 feet, along said East line, to the “point of beginning” of the parcel herein described, containing 2,920 square feet or 0.0670 acres, more or less, except that part lying in existing utility easements.

Permanent Sanitary Sewer Easement-Tract 28

All of the West 17.50 feet of Lot 5 and Lot 6, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 2,625 square feet or 0.0603 acres, more or less.

Temporary Construction Easement-Tract 28

All of the East 27.50 feet of the West 45.00 feet of Lot 5 and Lot 6, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 4,125 square feet or 0.0947 acres, more or less, except that part lying in existing utility easements.

Permanent Sanitary Sewer Easement-Tract 29

All of the West 17.50 feet of Lot 4, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 1,313 square feet or 0.0301 acres, more or less.

Temporary Construction Easement-Tract 29

A parcel of land situated in a portion of Lot 4, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of said Lot 4; thence South 87 degrees 37 minutes 21 seconds East 17.50 feet, along the North line of said Lot 4, to the “true point of beginning”; thence South 87 degrees 37 minutes 21 seconds East 27.50 feet, along said North line, to a point 45.00 feet East of and at right angles to the West line of said Lot 4; thence South 02 degrees 22 minutes 58 seconds West 67.50 feet, along a line 45.00 feet East of and parallel with said West line, to a point 7.50 feet North of and at right angles to the South line of said Lot 4; thence South 87 degrees 37 minutes 21 seconds East 154.87 feet along a line 7.50 feet North of and parallel with said South line; thence South 01 degrees 47 minutes 22 seconds West 7.50 feet to a point on said South line; thence North 87 degrees 37 minutes 21 seconds West 182.44 feet, along said South line, to a point 17.50 feet East of and at right angles to said West line; thence North 02 degrees 22 minutes 58 seconds East 75.00 feet, along a line 17.50 feet East of and parallel with said West line, to the “true point of beginning” of the parcel herein described, containing 3,224 square feet or 0.0740 acres, more or less, except that part lying in existing utility easements.

Permanent Sanitary Sewer Easement-Tract 30

All of the North 15.00 feet of Lot 1, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 1,200 square feet or 0.0276 acres, more or less.

Temporary Construction Easement-Tract 30

All of the South 27.50 feet of North 42.50 feet of Lot 1, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 2,201 square feet or 0.0505 acres, more or less, except that part lying in existing utility easements.

Permanent Sanitary Sewer Easement-Tract 31

All of the North 15.00 feet of Lot 2, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 1,200 square feet or 0.0275 acres, more or less.

Temporary Construction Easement-Tract 31

All of the South 27.50 feet of North 42.50 feet of Lot 2, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 2,201 square feet or 0.0505 acres, more or less, except that part lying in existing utility easements.

Permanent Sanitary Sewer Easement-Tract 32

A parcel of land situated in a portion of Lot 3, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 3; thence South 87 degrees 37 minutes 21 seconds East 22.44 feet along the North line of said Lot 3; thence South 01 degrees 47 minutes 22 seconds West 15.00 feet; thence North 87 degrees 37 minutes 21 seconds West 22.58 feet, along a line 15.00 feet South of and parallel with said North line, to a point on the West line of said Lot 3; thence North 02 degrees 18 minutes 16 seconds East 15.00 feet, along said West line, to the “point of beginning” of the parcel herein described, containing 338 square feet or 0.0078 acres, more or less.

Temporary Construction Easement-Tract 32

A parcel of land situated in a portion of Lot 3, “Corrected Plat of Leapard Addition”, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of said Lot 3; thence South 87 degrees 37 minutes 21 seconds West 22.44 feet, along the North line of said Lot 3, to the “true point of beginning”; thence South 87 degrees 37 minutes 21 seconds East 17.50 feet; thence South 01 degrees 47 minutes 22 seconds West 42.50 feet; thence North 87 degrees 37 minutes 21 seconds West 40.33 feet, along a line 42.50 feet South of and parallel with said North line, to a point on the West line of said Lot 3; thence North 02 degrees 18 minutes 16 seconds East 27.50 feet, along said West line, to a point 15.00 feet South of and at right angles to said North line; thence South 87 degrees 37 minutes 21 seconds East 22.58 feet along a line 15.00 feet South of and parallel with said North line; thence North 01 degrees 47 minutes 22 seconds East 15.00 feet to the “true point of beginning” of the parcel herein described, containing 1,368 square feet or 0.0314 acres, more or less, except that part lying in existing utility easements.

Section 6. Compensation. That just compensation for the properties to be condemned and taken as aforesaid shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City from funds appropriated or to be appropriated for said purpose, and proceedings therefore shall be instituted and prosecuted in the Circuit Court of Missouri, Jackson County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86.01 to 86.10 of the Missouri Rules of Civil Procedure.

Section 7. Pending acquisition of the above described street right of way by condemnation, the Director of Water Services or his agents are hereby authorized to purchase said street right of way and to pay for it out of funds available or to be made available. The City Attorney is hereby authorized and directed to file the petition for condemnation on behalf of the City in the Jackson County Circuit Court. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 8. That all permanent and temporary easements in the above described tracts 1, 2, 14, 28, 29, 30, 31, and 32 be condemned and conveyed to Kansas City, Missouri.

Section 9. 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 Jackson County Missouri.

_______________________________________

Approved as to form and legality:

 

 

___________________________________

Theodore T. Anderson

Assistant City Attorney