ORDINANCE NO. 110011

 

Authorizing condemnation and taking private property interests for public use; for the construction, location and maintenance of North Polo Drive; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Projects Office; consenting to the filing of the condemnation petition 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 Kansas City, Platte County, Missouri.

WHEREAS, the Council finds that private property interests must be condemned for the purpose of locating, relocating, constructing and maintaining the street and necessary appurtenances, along with grading, sloping and cutbacks in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Property interests are hereby authorized condemned and taken for public use in and upon the private lands hereinafter described, for Project Number 89008221, generally described as a public road.

Section 2. Said public use and improvements shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications for Project Number 89008221, the same being on file in the City Manager’s Office and being incorporated herein by reference.

Section 3. That the property interests herein called Street right of way, shall be used by Kansas City for the location, construction and maintenance of N. Polo, including any necessary appurtenances to it; and Kansas City shall have the right to enter in or authorize the entry in and upon such property interests for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 4. That the Temporary Easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during the construction for utility construction work, the storage of materials, the operation of equipment, and the movement of a working force, as well as grading and sloping, and the removal and replacement of temporary structures, such as storage sheds, mail boxes, fencing, sidewalks, driveways, trees and shrubbery.

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, excluding necessary grade and slope improvements; said temporary easements shall terminate upon completion and acceptance of the improvements by the City of Kansas City or three years after acquisition, whichever is the first to occur.

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

 

Tract 1, Street right of way

 

All that part of Tracts A and B of the Lot Split Survey of Lot 12A, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 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 A, being also a point on the Southerly right-of-way line of Tiffany Springs Parkway, as now established; thence South 57 degrees 00 minutes 00 seconds East, along said right-of-way line, 71.40 feet; thence Westerly along a curve to the left, having an initial tangent bearing of North 57 degrees 00 minutes 00 seconds West, with a radius of 35.00 feet, a central angle of 98 degrees 16 minutes 02 seconds and an arc distance of 60.03 feet; thence Southerly, along a curve to the left, having a common tangent with the last described course, with a radius of 702.67 feet, a central angle of 58 degrees 35 minutes 15 seconds and an arc distance of 718.51 feet, to a point on the Southerly line of said Tract B; thence South 56 degrees 08 minutes 50 seconds West, along said Southerly line, 32.00 feet, to the Southwest corner thereof; thence Northerly, along the Westerly line of said Tracts A and B, along a curve to the right, having an initial tangent bearing of North 33 degrees 51 minutes 17 seconds West, with a radius of 734.67 feet, a central angle of 62 degrees 05 minutes 29 seconds and an arc distance of 796.16 feet to the Point of Beginning. Containing 25,229 square feet or 0.58 acres, more or less.

 

Tract 1, Temporary construction easement-three year duration

 

All that part of Tracts A and B of the Lot Split Survey of Lot 12A, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 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 A, being also a point on the Southerly right-of-way line of Tiffany Springs Parkway, as now established; thence South 57 degrees 00 minutes 00 seconds East, along said right-of-way line, 37.06 feet; thence South 33 degrees 00 minutes 00 seconds West, 28.25 feet to the Point of Beginning of the tract of land to be herein described; thence South 14 degrees 50 minutes 41 seconds West, 96.16 feet; thence South 20 degrees 31 minutes 29 seconds West, 73.69 feet; thence South 06 degrees 30 minutes 38 seconds West, 117.67 feet; thence South 02 degrees 34 minutes 44 seconds East, 117.83 feet; thence South 12 degrees 16 minutes 56 seconds East, 93.73 feet; thence South 29 degrees 35 minutes 26 seconds East, 76.23 feet; thence South 16 degrees 36 minutes 35 seconds East, 90.06 feet; thence South 33 degrees 00 minutes 09 seconds East, 58.11 feet to a point on the Southerly line of said Tract A; thence South 56 degrees 08 minutes 50 seconds West, along said Southerly line, 10.16 feet; thence Northerly, along a curve to the right, having an initial tangent bearing of North 33 degrees 51 minutes 17 seconds West, with a radius of 702.67 feet, a central angle of 58 degrees 35 minutes 15 seconds and an arc distance of 718.51 feet; thence Northeasterly, along a curve to the right, having a common tangent with the last described course, with a radius of 35.00 feet, a central angle of 19 degrees 22 minutes 45 seconds and an arc distance of 11.84 feet to the Point of Beginning. Containing 7,543 square feet or 0.17 acres, more or less.

 

Tract 2, Street right of way

 

All that part of Lot 12C, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 West, of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the most Westerly corner of said Lot 12C; thence North 56 degrees 08 minutes 50 seconds East, along the Northerly line of said Lot 12C, 32.00 feet; thence Southeasterly, along a curve to the left, having an initial tangent bearing of South 33 degrees 51 minutes 17 seconds East, with a radius of 702.67 feet, a central angle of 42 degrees 22 minutes 12 seconds, and an arc distance of 519.62 feet; thence Easterly, along a curve to the left, having a common tangent with the last described course with a radius of 265.00 feet, a central angle of 29 degrees 40 minutes 08 seconds and an arc distance of 137.22 feet; thence Northerly, along a curve to the left, having a common tangent with the last described course with a radius of 18.00 feet, a central angle of 109 degrees 06 minutes 23 seconds and an arc distance of 34.28 feet, to a point on the Westerly right-of-way line of North Executive Hills Boulevard, as now established; thence South 35 degrees 00 minutes 00 seconds East, along said right-of-way line, 65.45 feet, to the Southeast corner of said Lot 12C; thence Northwesterly, along the Southerly line of said Lot 12C, along a curve to the right, having an initial tangent bearing of South 62 degrees 12 minutes 02 seconds West, with a radius of 200.00 feet, a central angle of 36 degrees 08 minutes 25 seconds and an arc distance of 126.15 feet; thence Northwesterly, continuing along said Southerly line, along a curve to the right, having a common tangent with the last described course, with a radius of 734.67 feet, a central angle of 47 degrees 48 minutes 16 seconds and an arc distance of 612.97 feet; to the Point of Beginning. Containing 23,979 square feet or 0.55 acres, more or less.

 

Tract 2, Temporary construction easement-three year duration

 

All that part of Lot 12C, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 West, of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the most Westerly corner of said Lot 12C; thence North 56 degrees 08 minutes 50 seconds East, along the Northerly line of said Lot 12C, 32.00 feet to the Point of Beginning of the tract of land to be herein described; thence continuing North 56 degrees 08 minutes 50 seconds East, along said Northerly line, 10.22 feet; thence South 33 degrees 00 minutes 09 seconds East, 59.13 feet; thence South 44 degrees 09 minutes 08 seconds East, 141.39 feet; thence South 55 degrees 26 minutes 39 seconds East, 117.66 feet; thence South 69 degrees 15 minutes 08 seconds East, 78.60 feet; thence South 61 degrees 54 minutes 54 seconds East, 63.50 feet; thence South 75 degrees 41 minutes 43 seconds East, 90.44 feet; thence North 81 degrees 43 minutes 26 seconds East, 112.24 feet; thence Southwesterly, along a curve to the right, having an initial tangent bearing of South 15 degrees 31 minutes 07 seconds West with a radius of 18.00 feet, a central angle of 58 degrees 35 minutes 16 seconds and an arc distance of 18.41 feet; thence Westerly, along a curve to the right, having a common tangent with the last described course, with a radius of 265.00 feet, a central angle of 29 degrees 40 minutes 08 seconds and an arc distance of 137.22 feet; thence Northwesterly, along a curve to the right, having a common tangent with the last described course, with a radius of 702.67 feet, a central angle of 42 degrees 22 minutes 12 seconds and an arc distance of 519.62 feet to the Point of Beginning. Containing 6,104 square feet or 0.14 acres, more or less.

 

Tract 3, Street right of way

 

All that part of Tract A of the Lot Split Survey of Lots 12D, 12E and 12F, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 West, of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Northeast corner of said Tract A, being also a point on the Southerly right-of-way line of Tiffany Springs Parkway, as now established, thence Southerly, along the Easterly line of said Tract A, along a curve to the left, having an initial tangent bearing of South 28 degrees 14 minutes 32 seconds West, with a radius of 734.67 feet, a central angle of 29 degrees 56 minutes 36 seconds, and an arc distance of 383.95 feet, to the Southeast corner thereof; thence South 88 degrees 18 minutes 00 seconds West, along the Southerly line of said Tract A, 38.00 feet; thence Northerly, along a curve to the right, having an initial tangent bearing of North 01 degrees 42 minutes 04 seconds West, with a radius of 772.67 feet, a central angle of 27 degrees 52 minutes 28 seconds and an arc distance of 375.91 feet; thence Northerly, along a curve to the left, having a common tangent with the last described course, with a radius of 35.00 feet, a central angle of 83 degrees 10 minutes 24 seconds and an arc distance of 50.81 feet, to a point on the Southerly right-of-way line of said Tiffany Springs Parkway; thence South 57 degrees 03 minutes 21 seconds East, along said right-of-way line, 69.81 feet to the Point of Beginning. Containing 15,229 square feet or 0.35 acres, more or less.

 

Tract 3, Temporary construction easement-three year duration

 

All that part of Tract A of the Lot Split Survey of Lots 12D, 12E and 12F, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 West, of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Northeast corner of said Tract A, being also a point on the Southerly right-of-way line of Tiffany Springs Parkway, as now established, thence North 57 degrees 00 minutes 00 seconds West, along said right-of-way line, 43.96 feet; thence South 33 degrees 00 minutes 00 seconds West, 11.40 feet to the Point of Beginning of the tract of land to be herein described: thence Southerly, along a curve to the right, having an initial tangent bearing of South 09 degrees 23 minutes 43 seconds East, with a radius of 35.00 feet, a central angle of 35 degrees 34 minutes 07 seconds and an arc distance of 21.73 feet; thence Southerly, along a curve to the left, having a common tangent with the last described course, with a radius of 772.67 feet, a central angle of 27 degrees 52 minutes 28 seconds and an arc distance of 375.91 feet to a point on the Southerly line of said Tract A; thence South 88 degrees 18 minutes 00 seconds West, along said Southerly line, 12.16 feet; thence North 00 degrees 27 minutes 53 seconds West, 65.57 feet; thence North 11 degrees 26 minutes 54 seconds East, 203.46 feet; thence North 24 degrees 17 minutes 59 seconds East, 131.98 feet to the Point of Beginning. Containing 3,130 square feet or 0.07 acres, more or less.

 

Tract 6, Street right of way

 

All that part of Lot 12G, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 West, of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Northeast corner of said Lot 12G; thence South 23 degrees 46 minutes 45 seconds West, along the Easterly line of said Lot 12G, 38.00 feet; thence Northwesterly, along a curve to the right, having an initial tangent bearing of North 66 degrees 13 minutes 23 seconds West, with a radius of 772.67 feet, a central angle of 19 degrees 15 minutes 17 seconds, and an arc distance of 259.66 feet; thence North 44 degrees 09 minutes 39 seconds East, 38.01 feet, to a point on the Northerly line of said Lot 12G; thence Southeasterly, along said Northerly line, along a curve to the right, having an initial tangent bearing of South 47 degrees 01 minutes 36 seconds East, with a radius of 734.67 feet, a central angle of 19 degrees 11 minutes 48 seconds and an arc distance of 246.15 feet; to the Point of Beginning. Containing 9,610 square feet or 0.22 acres, more or less.

 

Tract 6, Temporary construction easement-three year duration

 

All that part of Lot 12G, Executive Hills North, Blocks 12 & 26, a subdivision of land in the Southeast Quarter of Section 36, Township 52 North, Range 34 West, of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Northeast corner of said Lot 12G; thence South 23 degrees 46 minutes 45 seconds West, along the Easterly line of said Lot 12G, 38.00 feet to the Point of Beginning of the tract of land to be herein described; thence continuing South 23 degrees 46 minutes 45 seconds West along said Easterly line, 6.47 feet; thence North 63 degrees 58 minutes 46 seconds West, 96.93 feet; thence North 55 degrees 46 minutes 27 seconds West, 166.78 feet; thence North 44 degrees 58 minutes 42 seconds East, 16.78 feet; thence Southeasterly, along a curve to the left, having an initial tangent bearing of South 46 degrees 58 minutes 06 seconds East, with a radius of 772.67 feet, a central angle of 19 degrees 15 minutes 17 seconds and an arc distance of 259.66 feet to the Point of Beginning. Containing 2,244 square feet or 0.05 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 City Manager 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 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 Kansas City, Platte County, Missouri.

Approved as to form and legality:

 

 

_______________________________

Theodore T. Anderson

Assistant City Attorney