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Legislation #: 150796 Introduction Date: 10/8/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property, in fee simple, for public use for street right of way purposes and permanent water line easements for the construction, location and maintenance of the KCI Area TIF Project 7B N.W. Old Tiffany Springs Road, Project No. 89008252, from N. Hull Avenue to N. Green Hills Road, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Department of Public Works; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Platte County, Missouri.

Legislation History
DateMinutesDescription
9/16/2015 Filed by the Clerk's office
10/8/2015 Referred to Transportation & Infrastructure Committee
10/15/2015 Advance and Do Pass, Debate
10/15/2015 Passed

View Attachments
FileTypeSizeDescription
Project Manual 0K Project Manual is on file in the Office of the City Clerk
150796 Rcrd Info.pdf Recorded Info 421K Recorded Info
150796.pdf Authenticated 296K Authenticated
8900 8252 Old Tiffany Springs Road Condmntn Ord Resubmitted 10132015.xlsx Fact Sheet 23K 8900 8252 Old Tiffany Springs Road Condmntn Ord Resubmitted 10132015
8900 8252-OrdinanceMaps.pdf Maps 2229K 89008252 Old Tiffany Springs Rd. Location Map

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ORDINANCE NO. 150796

 

Authorizing condemnation and taking of private property, in fee simple, for public use for street right of way purposes and permanent water line easements for the construction, location and maintenance of the KCI Area TIF Project 7B N.W. Old Tiffany Springs Road, Project No. 89008252, from N. Hull Avenue to N. Green Hills Road, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Department of Public Works; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Platte County, Missouri.

 

WHEREAS, the Council finds that the fee interest in private properties must be condemned for public use as street right of way and a permanent water line easement required for the construction and maintenance of the KCI Area TIF Project 7B N.W. Old Tiffany Springs Road and associated improved intersections, drive approaches and infrastructure in Kansas City, Platte County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the fee interest in private properties are hereby authorized condemned and taken, in fee simple, for public use as street right of way and a permanent water line easement under, over, upon and across the land hereinafter described for the construction and maintenance of Project No. 89008252, including any necessary structures or appurtenances, said project more generally described as KCI Area TIF Project 7B N.W. Old Tiffany Springs Road, all in Kansas City, Platte 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 the Department of Public Works, the same being on file in the Office of the Director of the Department of Public Works, and being incorporated herein by reference.

 

Section 3. The street right of way shall be used by Kansas City, Missouri for the location, construction and maintenance of N.W. Old Tiffany Springs Road and associated improved intersections, drive approaches and infrastructure to be constructed therein, including any necessary appurtenances thereto; and Kansas City, Missouri shall have the right to enter in or authorize the entry in and upon said right of way for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 4. The permanent water line easement shall be used by Kansas City, Missouri for the location, construction and maintenance of waterlines and associated improved infrastructure to be constructed therein, including any necessary appurtenances thereto; and Kansas City, Missouri shall have the right to enter in or authorize the entry in and upon said Permanent Water Line Easement for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

 

Section 5. That said property interests are hereby authorized condemned and taken for public use and are described as follows:

 

A Fee interest for Right of Way legally described as:

 

Part of Tract C, Tiffany Place-First Plat, a subdivision of land in the Northwest Quarter of Section 5, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Northwest corner of said Tract C; thence along the North line of said Tract C, on a curve to the left, having an initial tangent bearing of North 50 degrees 42 minutes 35 seconds East with a radius of 740.00 feet, a central angle of 10 degrees 40 minutes 54", and an arc distance of 137.96 feet; thence North 40 degrees 01 minutes 40 seconds East, continuing along said North line, 100.03 feet; thence Northeasterly, continuing along said North line, on a curve to the right having an initial tangent bearing of North 40 degrees 00 minutes 15 seconds East with a radius of 657.97 feet, a central angle of 12 degrees 43 minutes 55 seconds and an arc distance of 146.21 feet; thence Southwesterly, along a curve to the left having an initial tangent bearing of South 52 degrees 43 minutes 14 seconds West with a radius of 486.00 feet, a central angle of 19 degrees 06 minutes 18 seconds and an arc distance of 162.05 feet; thence Southwesterly, along a curve to the right, having a common tangent with the last described course with a radius of 752.00 feet, a central angle of 17 degrees 08 minutes 06 seconds and an arc distance of 224.90 feet to a point on the West line of said Tract C; thence North 36 degrees 42 minutes 09 seconds West, along said West line, 12.00 feet to the Point of Beginning. Containing 2,930 square feet or 0.07 acres, more or less.

 

Permanent Water Line Easement

 

Part of Tract C, Tiffany Place-First Plat, a subdivision of land in the Northwest Quarter of Section 5, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Commencing at the Northwest corner of said Tract C; thence South 36 degrees 42 minutes 09 seconds East, along the West line of said Tract C, 12.00 feet to the Point of Beginning of the tract of land to be herein described: thence Northeasterly, along a curve to the left, having an initial tangent bearing of North 50 degrees 45 minutes 02 seconds East with a radius of 752.00 feet, a central angle of 17 degrees 08 minutes 06 seconds and an arc distance of 224.90 feet; thence Northeasterly, along a curve to the right, having a common tangent with the last described course with a radius of 486.00 feet, a central angle of 12 degrees 04 minutes 32 seconds and an arc distance of 102.43 feet; thence South 44 degrees 18 minutes 32 seconds East, 17.50 feet; thence Southwesterly, along a curve to the left, having an initial tangent bearing of South 45 degrees 41 minutes 28 seconds West with a radius of 468.50 feet, a central angle of 12 degrees 04 minutes 32 seconds and an arc distance of 98.74 feet; thence Southwesterly, along a curve to the right, having a common tangent with the last described course with a radius of 769.50 feet, a central angle of 17 degrees 11 minutes 35 seconds and an arc distance of 230.91 feet to a point on said West line; thence North 36 degrees 42 minutes 09 seconds West, along said West line, 17.52 feet to the Point of Beginning. Containing 5,748 square feet or 0.13 acres, more or less.

 

Section 6. That just compensation for the property interests 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 Platte 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, or to be 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 tracts and interests 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 Platte County, Missouri.

 

_______________________________________

 

Approved as to form and legality:

 

 

______________________________

Dustin Johnson

Assistant City Attorney