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Legislation #: 050101 Introduction Date: 1/27/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property in fee simple for public use and temporary construction easement on private property for the widening and improving of Hardesty Avenue, south of Independence Avenue; 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.

Legislation History
DateMinutesDescription
1/26/2005 Filed by the Clerk's office
1/27/2005 Referred to Operations Committee
2/9/2005 Do Pass as a Committee Substitute
2/10/2005 Add to Consent Docket
2/17/2005 Passed

View Attachments
FileTypeSizeDescription
050101.pdf Recorded Info 295K Recorded Ordinance
050101.pdf Authenticated 170K Authenticated
Factsheet 4098.xls Fact Sheet 30K fact sheet

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COMMITTEE SUBSITUTE FOR ORDINANCE NO. 050101

 

Condemning and taking private property in fee simple for public use and temporary construction easement on private property for the widening and improving of Hardesty Avenue, south of Independence Avenue; 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.

WHEREAS, the Council finds that private property in fee simple and temporary constructions easements must be condemned for the purpose of constructing, widening and improving Hardesty Avenue, south of Independence Avenue, in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the widening, constructing and improving of Hardesty Avenue south of Independence Avenue, all as more fully described in the plans, File No. 2002-022A, which are on file in the Office of the Director of Public Works and are incorporated herein by reference are hereby provided for and authorized.

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 and identified as Public Works File No. 2002-022, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. The private property in fee simple and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of street and drainage in and upon the land hereinafter described.


The private property in fee simple shall be used as the permanent location of the public roadways, traffic signals and sidewalks, supporting embankments and slopes, lighting, retaining walls, and drainage structures respectively to be constructed therein; and shall be kept and used for all lawful purposes including, but not limited to constructing, reconstructing, maintaining, operating and repairing the roadway.

The temporary construction easements shall be used by the City of Kansas City, Missouri or their authorized agents, servants, employees or contractors during the construction for grading and sloping, construction of driveway pavements, removal of structures, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, storage of materials, the operation of equipment, and the movement of a work force. After the work is complete, the City of Kansas City, Missouri 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 the City of Kansas City or its agents entered upon it. Said temporary construction easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works.

PARCEL NO. 3: Temporary Construction Easement:

A Temporary Construction Easement over, under, upon and across the following described land:

A part of Lot 3, COMMISSIONERS' PLAT OF FOREST PARK, a subdivision in Kansas City, Jackson County, Missouri, described as follows:

 

Beginning at the Southwest corner of Lot 3 of said subdivision; thence North 02 degrees 43 minutes 40 seconds East along the West line of said Lot 3, 31.99 feet; thence South 87 degrees 11 minutes 30 seconds East, 3.09 feet to a point of curvature; thence along said curve to the right with an Initial Tangent Bearing of North 13 degrees 57 minutes 47 seconds West, a Radius of 334.00 feet and a distance of 11.41 feet; thence North 02 degrees 43 minutes 40 seconds East, 37.69 feet to a point on the West line of said Lot 3; thence North 86 degrees 58 minutes 52 seconds West, 0.34 feet; thence North 03 degrees 00 minutes 03 seconds East, 13.96 feet to a point of curvature; thence along said curve to the left with an Initial Tangent Bearing of South 04 degrees 36 minutes 34 seconds East, a Radius of 325.00 feet and a distance of 72.29 feet; thence South 12 degrees 06 minutes 00 seconds East, 15.90 feet; thence South 68 degrees 04 minutes 18 seconds West, 21.02 feet to the Point of Beginning. Containing 757.38 square feet or 0.018 acres more or less.


PARCEL NO. 3: To Be Taken in Fee Simple:

A part of Lots 1 thru 3, Commissioners Plat of Forest Park, a subdivision in Kansas City, Jackson County, Missouri, described as follows:

 

Beginning at the southeast corner of Lot 1 of said subdivision; thence North 86 degrees 58 minutes 52 seconds West along the south line of said Lot 1, 81.40 feet; thence North 68 degrees 04 minutes 18 seconds East, 21.02 feet; thence North 12 degrees 06 minutes 00 seconds West, 15.90 feet to the point of curvature; thence along said curve to the right with an initial tangent bearing of North 15 degrees 53 minutes 38 seconds West, a radius of 325.00 feet and a distance of 72.29 feet; thence North 03 degrees 00 minutes 03 seconds East, 36.42 feet to a point on the north line of Lot 3; thence South 86 degrees 58 minutes 52 seconds East along the north line of Lots 1 thru 3, 81.50 feet to the northeast corner of Lot 1;thence South 02 degrees 43 minutes 40 seconds West along the east line of said Lot 1, 131.05 feet to the point of beginning. Containing 9904.70 square feet or 0.23 acres more or less.

 

Section 4. 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 Jackson County, Missouri at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1994, 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 5. 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 6. That Parcel No. 3 be condemned and conveyed to Kansas City in fee simple and recorded at the Recorder of Deeds Office in Kansas City, Jackson County, Missouri.

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Approved as to form and legality:

 

 

 

___________________________________

Theodore T. Anderson

Assistant City Attorney