ORDINANCE NO. 180812
Authorizing condemnation and
taking of private property interests for public use for Street Right of Way
purposes and for Permanent Storm Drainage and Water Main Easements, and
Temporary Construction Easements, for the construction, location and
maintenance of the “N. Woodland Avenue Complete Streets, N.E. 96th Street to
N.E. 108th Street” project, Project Nos. 70052304, 70172340, and 70182903 ,
from a point +/- 250 feet south of the intersection of N.E. 96th Street and N.
Woodland Avenue, north to N.E. 108th Street (Shoal Creek Parkway), in Kansas
City, Clay County, Missouri; providing for the payment of just compensation
therefore; authorizing continued negotiations and purchase by the Director of
the Department of Parks and Recreation; 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
Clay County, Missouri.
WHEREAS,
the Council finds that the property interests herein described must be
condemned for public use for the “N. Woodland Avenue Complete Streets, N.E.
96th Street to N.E. 108th Street” project in Kansas City, Clay County,
Missouri; NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY, MISSOURI:
Section 1. That the property interests herein described are
hereby authorized condemned and taken for public use in and upon the land
hereinafter described for Project Nos. 70052304, 70172340, and 70182903,
“N. Woodland Avenue Complete Streets, N.E. 96th Street to N.E. 108th Street”, including any necessary structures or appurtenances, all in
Kansas City, Clay 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 Parks and Recreation, the same being on file in the Office of the
Director of the Department of Parks and Recreation, and being incorporated
herein by reference.
Section 3. That the properties obtained by condemnation
shall be used by the City of Kansas City, Missouri as street right of way and
easements for the location of improvements and utilities to be constructed
therein including any necessary appurtenances to it; and Kansas City or its
authorized agents, employees or independent contractors, and with Kansas City, Missouri’s permission, utility companies
franchised to operate in Kansas City, Missouri and their authorized agents,
employees or independent contractors, shall have the right to enter in or
authorize the entry in and upon said properties for the purpose of
constructing, reconstructing, maintaining, operating and repairing the
following said improvements and utilities:
Street Right-of-Way
The street right of way shall be taken and used by Kansas
City, Missouri for the location,
construction and maintenance of N. Woodland Avenue 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.
Permanent Storm
Drainage Easement
The storm drainage
easements shall be used by the City of Kansas City, Missouri for the location,
construction and maintenance of storm drainage systems and associated improved
infrastructure to be constructed therein, including any necessary appurtenances
thereto for the purpose of managing storm
water runoff; and Kansas City, Missouri shall have the right to enter in
or authorize the entry in and upon said Storm Drainage Easements for the
purpose of locating, constructing, reconstructing, maintaining, operating and
repairing said improvements or making connections thereto.
By the condemning of private property for this
easement, it shall not be construed to prohibit the landowner of said condemned
property from the safe and unrestricted use of the land adjacent to and above
said Storm Drainage Easements; provided, however, said easement shall be kept
free from any structure or obstruction as would interfere with the proper, safe
and continuous operation and maintenance of said drainage facilities and
specifically shall not build thereon or there over any structure which may
interfere with the operation, maintenance and use thereof.
Permanent Water Main Easement
The water main easements
shall be used by the City of Kansas City, Missouri f for the location, operation and movement of equipment, and the
movement of a working force, in connection with the location,
construction, reconstruction, maintenance, operation and repair of a water main
and any appurtenances thereto.
By the condemning of private property for this
easement, it shall not be construed to prohibit the landowner of said condemned
property from the safe and unrestricted use of the land adjacent to and above
said water main easements; provided, however, said easement shall be kept free
from any structure or obstruction as would interfere with the proper, safe and
continuous operation and maintenance of said water main facilities and
specifically shall not build thereon or there over any structure which may
interfere with the operation, maintenance and use thereof.
Temporary Construction Easement
The temporary construction easements shall be used by the
City of Kansas City, Missouri or its
authorized agents, servants, employees, or independent contractors, during the
construction of said project, for grading and sloping, removal of trees and
shrubbery, removal and replacement of fencing, sidewalks and driveways, utility
construction work, the storage of materials, the operation of equipment, and
the movement of a working force.
The City of Kansas City, Missouri shall cause the surface of lands lying within said temporary construction
easements to be restored to substantially
the same physical condition that existed at the time the City or its agents
entered upon it, except for grading and sloping changes made to the property, and
said temporary construction easement shall terminate five (5) years from the
date this document is recorded by the Recorder of Deeds in the county in which
the lands are located, or upon completion and acceptance of the improvements by
the Director of Department of Parks and Recreation.
Section
4. That said property interests are hereby authorized condemned and taken for
public use and are described as follows:
Tract No. 2
Temporary
Construction Easement #1 (5 year duration)
Bearings
herein are grid bearings based on the Missouri State Plane Coordinate System of
1983 (NAD-83) West Zone, with an adjustment date of 2003.
A tract of land in the Northeast Quarter of Section 1,
Township 51 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Northwest corner of the Northeast Quarter
of Section 1; thence South 89 degrees 31 minutes 12 seconds East, along the
North line of the Northeast Quarter, 150.10 feet to the point of beginning; Thence
South 89 degrees 31 minutes 12 seconds East, continuing along the North line,
56.31 feet; Thence South 29 degrees 20 minutes 03 seconds West 96.18 feet; Thence
South 77 degrees 19 minutes 09 seconds West, 45.81 feet to a point on the
existing East right-of-way of Maplewoods Parkway; Thence North 00 degrees 18
minutes 11 seconds East along the East right-of-way, 11.39 feet; Thence South
89 degrees 41 minutes 49 seconds East, 25.00 feet; Thence North 00 degrees 18
minutes 11 seconds East 38.30 feet; Thence North 00 degrees 18 minutes 11
seconds East, 38.30 feet; Thence South 89 degrees 18 minutes 56 seconds East,
leaving the right-of-way, 10.00 feet; Thence North 00 degrees 18 minutes 11
seconds East, 44.95 feet to the point of beginning, containing 3429.03 square
feet or .079 acres, more or less
Temporary Construction Easement #2 (5 year duration)
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 36; thence South 89 degrees 31 minutes 12 seconds East, along the north
line of the Northeast Quarter, 75.00 feet to a point on the existing east right-of-way
of N. Woodland Avenue; Thence North 00 degrees 19 minutes 23 seconds East,
along the existing right-of-way, 75.00 feet East of and parallel with the West
line of the Southeast Quarter, 99.52 feet to the point of beginning; Thence
North 00 degrees 19 minutes 23 seconds East, continuing along the east right-of-way,
345.44 feet; thence North 03 degrees 15 minutes 07 seconds East, 104.45 feet;
Thence North 01 degree 58 minutes 55 seconds East, 111.88 feet to a point on
the North line of the tract; Thence South 89 degrees 21 minutes 56 seconds
East, along the North line, 41.37 feet; Thence South 06 degrees 28 minutes 42
seconds East, 665.94 feet to a point on the South line of the Southeast
Quarter; Thence North 89 degrees 31 minutes 12 seconds West, along the South
line, 56.31 feet; Thence North 00 degrees 18 minutes 11 seconds East, 26.32
feet; Thence North 44 degrees 18 minutes 56 seconds West, 103.17 feet to the point
of beginning, containing 53,466.32 square feet or 1.227 acres, more or less.
Permanent Water Main Easement #1
A tract of land
in the Northeast Quarter of Section 1, Township 51 North, Range 33 West of the
5th Principal Meridian, in Kansas City, Clay County, Missouri, described as
follows:
Commencing at
the Northwest corner of the Northeast Quarter of Section 1; thence South 89
degrees 31 minutes 12 seconds East, along the North line of the Northeast
Quarter, 124.05 feet to the point of beginning; thence South 89 degrees 31
minutes 12 seconds East, continuing along the North line, 26.05 feet; Thence
South 00 degrees 18 minutes 11 seconds West, 44.95 feet; Thence North 89
degrees 18 minutes 56 seconds West, 10.00 feet to a point on the existing East right-of-way
of Maplewoods Parkway; Thence North 00 degrees 18 minutes 11 seconds East,
along the right-of-way, 11.70 feet; Thence North 89 degrees 41 minutes 49
seconds West, continuing along the right-of-way, 16.10 feet; Thence North 00
degrees 23 minutes 54 seconds East, leaving the right-of-way, 33.26 feet to the
point of beginning, containing 983.73 square feet or .022 acres, more or less.
Permanent Water Main Easement #2
A tract of land in
the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the
5th Principal Meridian, in Kansas City, Clay County, Missouri, described as
follows:
Commencing at the
Southwest corner of the Southeast Quarter of Section 36; thence South 89
degrees 31 minutes 12 seconds East, 75.00 feet to a point on the existing East
right-of-way of N. Woodland Avenue; Thence North 00 degrees 19 minutes 23 seconds
East, along the existing right-of-way, 75.00 feet East of and parallel with the
West line of the Southeast Quarter, 79.49 feet to the point of beginning; Thence
North 00 degrees 19 minutes 23 seconds East, along the existing right-of-way,
20.03 feet; Thence South 44 degrees 18 minutes 56 seconds East, leaving the
Right-Of-Way, 103.17 feet; thence South 00 degrees, 18 minutes 11 seconds
West, 26.32 feet to a point on the South line of the Southeast Quarter; Thence
North 89 degrees 31 minutes 12 seconds West, along the South line, 26.05 feet; Thence
North 00 degrees 23 minutes 54 seconds East, 38.90 feet; thence North 48
degrees 28 minutes 12 seconds West, 61.81 feet to the point of beginning,
containing 1809.88 square feet or .042 acres, more or less.
Street Right-Of-Way
A tract of land in the Northeast Quarter of Section 1,
Township 51 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Northwest corner of the Northeast Quarter
of Section 1; Thence South 89 degrees 31 minutes 12 seconds East, along the
North line of the Northeast Quarter, 115.10 feet to the point of beginning; Thence
South 89 degrees 31 minutes 12 seconds East, continuing along the North line,
8.95 feet; Thence South 00 degrees 23 minutes 54 seconds West, 33.26 feet; Thence
North 89 degrees 41 minutes 49 seconds West, 8.90 feet to a point on the
existing East right-of-way of Maplewoods Parkway; Thence North 00 degrees 18
minutes 11 seconds East, along the right-of-way, 33.29 feet to the point of
beginning, containing 296.93 square feet or .007 acres, more or less.
Street Right-of-Way
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 36; Thence South 89 degrees 31 minutes 12 seconds East, along the
North line of the Northeast Quarter, 75.00 feet to a point on the existing east
right-of-way of N. Woodland Avenue and the point of beginning; Thence North 00
degrees 19 minutes 23 seconds East, along the existing right-of-way, 75.00 feet
East of and parallel with the West line of the Southeast Quarter, 79.49 feet; Thence
South 48 degrees 28 minutes 12 seconds East, 61.81 feet; Thence South 00
degrees 23 minutes 54 seconds West, 38.90 feet to a point on the South line of
the Quarter Section; Thence North 89 degrees 31 minutes 12 seconds West, along
the South line, 46.45 feet to the point of beginning, containing 2751.84 square
feet or .063 acres, more or less.
Street Right-Of-Way
A tract of land in the Southeast Quarter of Section 36, Township
52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay
County, Missouri, described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 36; thence South 89 degrees 31 minutes 12 seconds East, along the
North line of the Northeast Quarter, 75.00 feet to a point on the existing east
right-of-way of N. Woodland Avenue; Thence North 00 degrees 19 minutes 23 seconds
East, along the existing right-of-way, 75.00 feet East of and parallel with the
West line of the Southeast Quarter, 444.96 feet to the point of beginning; Thence
North 00 degrees 19 minutes 23 seconds East, continuing along the east right-of-way,
216.19 feet to the North line of the tract; Thence South 89 degrees 21 minutes
56 seconds East, along the North line of the tract, 8.58 feet; Thence South 01
degree 58 minutes 55 seconds West 111.88 feet; Thence South 03 degrees 15
minutes 07 seconds West, 104.45 feet to the point of beginning, containing
1056.55 square feet or .024 acres, more or less.
Tract No. 9
Temporary
Construction Easement (5 year duration)
A portion of Lot 42, "WILLOW WOODS ESTATES 3RD
PLAT", a recorded subdivision in Kansas City, Clay County, Missouri,
described as follows:
The East 30 feet of Lot 42, containing 2294.40 square feet
or .053 acres, more or less.
Tract
No. 18
Temporary
Construction Easement (5 year duration)
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 36; thence North 00 degrees 19 minutes 23 seconds East, along the
West line of the Southeast Quarter, 1408.78 feet; Thence South 89 degrees 40
minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way
of N. Woodland Avenue and the Southwest corner of the tract; Thence North 87
degrees 38 minutes 55 seconds East, along the South line of the tract, 25.36
feet to the point of beginning; Thence North 00 degrees 19 minutes 23 seconds
East, 55.33 feet East of and parallel with the West line of the Southeast
Quarter, 215.90 feet to a Point of Curvature; Thence of a curve to the right
having a radius of 963.67 feet and an arc length of 61.95 feet to a Point of Tangency;
Thence North 04 degrees 01 minute 12 seconds East, 113.29 feet to a Point of
Curvature; Thence of a curve to the left having a radius of 1036.33 feet and
an arc length of 19.94 feet to a point on the North line of the tract; Thence
South 89 degrees 23 minutes 42 seconds East, along the North line, 17.18 feet;
Thence South 05 degrees 19 minutes 21 seconds East, 115.37 feet; Thence South
61 degrees 14 minutes 07 seconds East, 95.94 feet; Thence South 14 degrees 39
minutes 31 seconds West, 41.27 feet; Thence North 75 degrees 20 minutes 29
seconds West, 52.04 feet; Thence South 13 degrees 37 minutes 35 seconds West,
228.75 feet to a point on the South line of the tract; Thence South 87 degrees
38 minutes 55 seconds West, along the South line, 10.01 feet to the point of
beginning, containing 18,328.62 square feet, less 891.42 square feet in
Permanent Drainage Easement, leaving 17,437.20 square feet or 0.400 acres, more
or less.
Permanent
Storm Drainage Easement
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 36; Thence North 00 degrees 19 minutes 23 seconds East, along the
West line of the Southeast Quarter, 1408.78 feet; Thence South 89 degrees 40
minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way
of N. Woodland Avenue and the Southwest corner of the tract; Thence North 87
degrees 38 minutes 55 seconds East, along the South line of the tract, 25.36
feet; Thence North 00 degrees 19 minutes 23 seconds East, 55.33 feet East of
and parallel with the West line of the Southeast Quarter, 208.76 feet to the point
of beginning; Thence continuing North 00 degrees 19 minutes 23 seconds East,
7.14 feet to a Point of Curvature; Thence on a curve to the right having a
radius of 963.67 feet and an arc length of 8.22 feet; Thence South 77 degrees
12 minutes 29 seconds East, 64.42 feet; Thence South 12 degrees 47 minutes 31
seconds West, 15.00 feet; Thence North 77 degrees 12 minutes 29 seconds West,
61.14 feet to the point of beginning, containing 941.64 square feet or 0.015
acres, more or less.
Street Right-of-Way
A tract of land in the Southeast Quarter of
Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in
Kansas City, Clay County, Missouri, described as follows:
Commencing at the Southwest corner of the
Southeast Quarter of Section 36; Thence North 00 degrees 19 minutes 23 seconds
East, along the West line of the Southeast Quarter, 1408.78 feet; Thence South
89 degrees 40 minutes 37 seconds East, 30.00 feet to a point on the existing east
right-of-way of N. Woodland Avenue, the Southwest corner of the tract and the point
of beginning; Thence North 87 degrees 38 minutes 55 seconds East, along the
South line, 25.36 feet; Thence North 00 degrees 19 minutes 23 seconds East,
55.33 feet East of and parallel with the West line of the Southeast Quarter,
215.90 feet to a Point of Curvature; Thence on a curve to the right having a
radius of 963.67 feet and an arc length of 61.95 feet to a Point of Tangency; Thence
North 04 degrees 01 minute 12 seconds East, 113.29 feet to a Point of
Curvature; Thence on a curve to the left having a radius of 1036.33 feet and
an arc length of 19.94 feet to a point on the North line of the tract; Thence
North 89 degrees 23 minutes 42 seconds West, along the North line, 35.72 feet
to a point on the existing east right-of-way of N. Woodland Avenue; Thence
South 00 degrees 19 minutes 23 second East, 30.00 feet East of and parallel
with the West line of the Southeast Quarter, 412.13 feet to the point of
beginning, containing 11,300.42 square feet or .259 acres, more or less.
Tract No. 24
Temporary
Construction Easement (5 year duration)
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 36; Thence North 00 degrees 19 minutes 23 seconds East, along the
West line of the Southeast Quarter, 1820.91 feet; Thence South 89 degrees 40
minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way
of N. Woodland Avenue and the Southwest corner of the tract; Thence South 89
degrees 23 minutes 42 seconds East, along the South line of the tract, 35.72
feet to the point of beginning; Thence on a curve to the left, having an
Initial Tangent Bearing of North 02 degrees 55 minutes 03 second East, a radius
of 1036.33 feet and an arc length of 168.50 feet to a Point of Tangency; Thence
North 06 degrees 23 minutes 54 seconds West, 167.42 feet; Thence North 04
degrees 52 minutes 31 seconds West, 63.36 feet to the North line of the tract; Thence
South 89 degrees 23 minutes 42 second East, along the North line, 35.67 feet; Thence
South 00 degrees 19 minutes 23 seconds West, 61.97 feet; Thence South 78
degrees 38 minutes 29 seconds East, 40.75 feet; Thence South 00 degrees 19
minutes 23 seconds West, 30.01 feet; Thence South 72 degrees 55 minutes 47
seconds West, 41.92 feet; Thence South 00 degrees 19 minutes 23 seconds West,
50.35 feet; Thence South 04 degrees 57 minutes 40 seconds West, 40.88 feet; Thence
South 06 degrees 23 minutes 54 seconds East, 24.79 feet to a Point of
Curvature; Thence on a curve to the right having a radius of 1046.33 feet and
an arc length of 169.72 feet to the South line of the tract; thence North 89
degrees 23 minutes 42 seconds West, along the South line, 10.01 feet to the point
of beginning, containing 8593.30 square feet or 0.20 acres, more or less.
Street Right-Of-Way
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Southwest corner of the Southeast Quarter
of Section 36; Thence North 00 degrees 19 minutes 23 seconds East, along the
West line of the Southeast Quarter, 1820.91 feet; Thence South 89 degrees 40
minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way
of N. Woodland Avenue, the Southwest corner of the tract and the point of
beginning; Thence North 00 degrees 19 minutes 23 seconds East, along the
existing right-of-way, 30.00 feet East of and parallel with the West line of
the Southeast Quarter, 397.42 feet to the North line of the tract; Thence
South 89 degrees 23 minutes 42 seconds East, along the North line 4.33 feet; Thence
South 04 degrees 52 minutes 31 second East, 63.36 feet; Thence South 06
degrees 23 minutes 54 seconds East, 167.42 feet to a Point of Curvature; Thence
on a curve to the right having a radius of 1036.33 feet and an arc length of
168.50 feet to the South line of the tract; Thence North 89 degrees 23 minutes
42 seconds West, along the South line, 35.72 feet to the point of beginning,
containing 9637.75 square feet or 0.221 acres, more or less.
Tract No. 27
Temporary
Construction Easement (5 year duration)
A portion of Tract "A", "Willow Woods
Estates 2nd Plat", a recorded subdivision in Kansas City, Clay County,
Missouri, described as follows:
Beginning at the Northwest corner of Tract "A";
Thence South 89 degrees 23 minutes 41 seconds East, along the North line of
Tract "A", 83.74 feet; Thence South 79 degrees 33 minutes 12 seconds
East, 36.34 feet; Thence South 48 degrees 26 minutes 24 seconds East, 78.10
feet to the East line of Tract "A"; Thence South 00 degrees 19
minutes 23 seconds West, 30.16 feet; Thence North 26 degrees 45 minutes 11
seconds West, 61.36 feet; Thence North 48 degrees 26 minutes 24 seconds West,
2.94 feet; Thence North 89 degrees 23 minutes 56 seconds West, 148.26 feet to
the West line of Tract "A"; Thence North 00 degrees 36 minutes 33
seconds East, along the West line, 31.14 feet to the point of beginning containing
4390.02 square feet or 0.101 acres, more or less.
Street Right-of-Way
A portion of Tract "A", "Willow Woods
Estates 2nd Plat", a recorded subdivision in Kansas City, Clay County,
Missouri, described as follows:
Commencing at the Northwest corner of Tract "A";
Thence South 89 degrees 23 minutes 41 seconds East, along the North line of
Tract "A", 83.74 feet to the point of beginning; Thence East,
Southeast, and South, along the North and East lines of Tract "A" the
following three courses:
1) South 89 degrees 23 minutes 41 seconds East, 69.63
feet,
2) Point of Curvature; curve to the right having a radius
of 25.00 feet and an arc length of 39.15 feet to a Point of Tangency;
3) South 00 degrees 19 minutes 23 seconds West, along,
30.16 feet;
Thence North 48 degrees 26 minutes 24 seconds West, 78.10
feet; Thence North 79 degrees 33 minutes 12 seconds West, 36.34 to the point
of beginning, containing 1846.63 square feet or 0.042 acres, more or less.
Tract No. 28
Temporary Construction Easement (5 year duration)
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Northwest corner of the Southeast Quarter
of Section 36; Thence South 89 degrees 23 minutes 42 seconds East, along the
North line of the Southeast Quarter, 214.76 feet; Thence South 00 degrees 36
minutes 18 seconds West, 30.00 feet to a point on the existing south right-of-way
of N.E. 100th Strett and the point of beginning; Thence South 80 degrees 57
minutes 02 seconds West, 134.94 feet; Thence South 78 degrees 18 minutes 23
seconds West, 6.53 feet to a Point of Curvature; Thence on a curve to the left
having a radius of 34.40 feet and an arc length of 22.39 feet to a Point of
Tangency; Thence South 45 degrees 18 minutes 46 seconds West, 7.37 feet to a
Point of Curvature; Thence of a curve to the left having a radius of 34.67
feet and an arc length of 18.58 feet to a Point of Tangency; Thence South 14
degrees 36 minutes 48 seconds West, 26.23 feet to a Point of Curvature; Thence
on a curve to the left having a radius of 34.67 feet and an arc length of 8.65
feet to a Point of Tangency; Thence South 00 degrees 19 minutes 23 seconds
West, 34.33 feet East of and parallel with the West line of the Southeast
Quarter, 303.80 feet to the South line of the tract; Thence North 89 degrees
23 minutes 42 seconds West, along the South line, 5.00 feet; thence North 00
degrees 19 minutes 23 seconds East, 180.63 feet; Thence South 89 degrees 40
minutes 37 seconds East, 52.78 feet; Thence South 10 degrees 38 minutes 16
seconds East, 68.92 feet; Thence North 79 degrees 21 minutes 44 seconds East,
35.00 feet; Thence North 10 degrees 38 minutes 16 seconds West, 106.48 feet; Thence
North 00 degrees 19 minutes 23 seconds East, 11.97 feet; Thence North 37
degrees 42 minutes 17 seconds West, 80.54 feet; Thence North 54 degrees 39
minutes 51 seconds East, 43.37 feet; Thence North 51 degrees 23 minutes 00 seconds
East, 39.12 feet; Thence North 01 degree 02 minutes 42 seconds East, 24.09
feet; Thence North 89 degrees 53 minutes 52 seconds, 82.39 feet; Thence North
00 degrees 06 minutes 08 seconds West, 10.00 feet; Thence North 89 degrees 53
minutes 52 seconds East, 96.81 feet; Thence North 00 degrees 36 minutes 18
seconds East, 8.18 feet to a point on the south right-of-way of N.E. 100th Street;
Thence North 89 degrees 23 minutes 42 seconds West, along the right-of-way,
100.24 feet to the Point of beginning, containing 19,028.19 square feet or
0.437 acres, more or less.
Street Right-Of-Way
A tract of land in the Southeast Quarter of Section 36,
Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City,
Clay County, Missouri, described as follows:
Commencing at the Northwest corner of the Southeast Quarter
of Section 36; Thence South 89 degrees 23 minutes 42 seconds East, along the
North line of the Southeast Quarter, 214.76 feet; Thence South 00 degrees 36
minutes 18 seconds West, 30.00 feet to a point on the existing south right-of-way
of N.E. 100th Street and the point of beginning; Thence South 80 degrees 57
minutes 02 seconds West, 134.94 feet; Thence South 78 degrees 18 minutes 23
seconds West, 6.53 feet to a Point of Curvature; Thence on a curve to the left
having a radius of 34.40 feet and an arc length of 22.39 feet to a Point of
Tangency; Thence South 45 degrees 18 minutes 46 seconds West, 7.37 feet to a
Point of Curvature; Thence of a curve to the left having a radius of 34.67
feet and an arc length of 18.58 feet to a Point of Tangency; Thence South 14
degrees 36 minutes 48 seconds West, 26.23 feet to a Point of Curvature; Thence
on a curve to the left having a radius of 34.67 feet and an arc length of 8.65
feet to a Point of Tangency; Thence South 00 degrees 19 minutes 23 seconds
West, 34.33 feet East of and parallel with the West line of the Southeast
Quarter, 303.80 feet to the South line of the tract; Thence South 89 degrees
23 minutes 42 seconds East, along the South line, 4.33 feet to a point on the
existing east right-of-way of N. Woodland Avenue; Thence North 00 degrees 19
minutes 23 seconds East, 30.00 feet East of and parallel with the West line of
the Southeast Quarter, along the right-of-way, 394.38 feet to the intersection
of the east right-of-way of Woodland Avenue and the south right-of-way of N.E.
100th Street; Thence South 89 degrees 23 minutes 42 seconds East, along the south
right-of-way, 184.61 feet to the point of beginning, containing 5060.45 square
feet or 0.116 acres, more or less.
Tract No. 29
Temporary
Construction Easement (5 year duration)
A portion of Lot 41, "Willow Woods 5th Plat", a
recorded subdivision in Kansas City, Clay County, Missouri, described as
follows:
Commencing at the Northeast corner of Lot 41; Thence South
00 degrees 19 minutes 14 seconds West, along the East line of Lot 41, 61.21
feet to the point of beginning; Thence South 00 degrees 19 minutes 14 seconds
West, continuing along the East line of Lot 41, 16.14 feet; Thence South 45
degrees 32 minutes 26 seconds West, 45.59 feet; Thence South 77 degrees 47
minutes 29 seconds West, 45.09 feet to a point on the South line of Lot 41;
Thence North 89 degrees 23 minutes 41 seconds West, 67.79; Thence North 57
degree, 32 minutes 04 seconds East, 106.55 feet; Thence South 89 degrees 40
minutes 46 seconds East, 54.58 feet to the point of beginning containing
4719.62 square feet or .108 acres, more or less.
Street Right-Of-Way
A portion of Lot 41, "Willow Woods 5th
Plat", a recorded subdivision in Kansas City, Clay County, Missouri,
described as follows:
Commencing at the Northeast corner of Lot 41;
Thence South 00 degrees 19 minutes 14 seconds West, along the East line of Lot
41, 77.35 feet to the point of beginning; Thence South, Southwest, and West,
along the East and South lines of Lot 41 the following three courses:
1) South 00 degrees 19 minutes 14 seconds
West, 17.15 feet;
2) Point of Curvature; curve to the right having
a radius of 25.00 feet and an arc length of 39.39 feet to a Point of Tangency;
3) North 89 degrees 23 minutes 41 seconds
West, 51.25 feet,
Thence North 77 degrees 47 minutes 29 seconds
East, 45.09 feet; Thence North 45 degrees 32 minutes 26 seconds East, 45.59
feet to the point of beginning, containing 930.12 square feet or 0.021 acres,
more or less.
Tract No. 95
Temporary
Construction Easement (5 year duration)
A portion of the Northwest and Southwest Quarters of
Section 25, Township 52 North, Range 33 West in Kansas City, Clay County,
Missouri described as follows:
Commencing at the Northeast corner of the Southwest
Quarter, also being the Southeast corner of the Northwest Quarter of Section
25; Thence South 89 degrees 51 minutes 49 seconds West, along the line between
the Northwest and Southwest Quarters, 30.00 feet to a point on the existing west
right-of-way of Woodland Avenue; Thence South 00 degrees 35 minutes 59 seconds
West, 30.00 feet West of and parallel with the East line of the Southwest
Quarter, 767.82 feet to the Southeast corner of the tract; Thence North 89
degrees 51 minutes 39 seconds West, along the South line of the tract, 20.00
feet to the point of beginning; Thence North 89 degrees 51 minutes 39 seconds
West, along the South line, 35.93 feet; Thence North 08 degrees 34 minutes 31
seconds West, 339.08 feet; Thence North 00 degrees 35 minutes 59 seconds East,
150.38 feet; Thence North 08 degrees 17 minutes 56 seconds East, 185.71 feet; Thence
North 13 degrees 41 minutes 15 seconds West, 100.82 feet to a point on the line
between the Northwest and Southwest Quarters; Thence North 51 degrees 05
minutes 39 seconds West, 148.67 feet; Thence North 00 degrees 09 minutes 09
seconds West, 41.71 feet to a point on the existing south right-of-way of Shoal
Creek Parkway; Thence North 89 degrees 50 minutes 51 seconds East, along the south
right-of-way, 89.35 feet; Thence South 47 degrees 42 minutes 38 seconds East,
104.25 feet; Thence South 00 degrees 34 minutes 56 seconds West, 65.05 feet to
a point on the line between the Northwest and Southwest Quarters; Thence South
00 degrees 35 minutes 59 seconds West, 419.96 feet; Thence South 08 degrees 29
minutes 31 seconds East, 203.70 feet; Thence South 06 degrees 19 minutes 41
seconds East, 64.74 feet; Thence South 00 degrees 35 minutes 59 seconds West,
81.84 feet to the point of beginning containing 49,015.50 square feet or 1.125
acres, more or less.
Street Right-Of-Way
A portion of the Northwest and Southwest
Quarters of Section 25, Township 52 North, Range 33West in Kansas City, Clay
County, Missouri described as follows:
Commencing at the Northeast corner of the
Southwest Quarter, also being the Southeast corner of the Northwest Quarter of
Section 25; Thence South 89 degrees 51 minutes 49 seconds West, along the line
between the Northwest and Southwest Quarters, 30.00 feet to a point on the
existing west right-of-way of Woodland Avenue and the point of beginning;
Thence South 00 degrees 35 minutes 59 seconds West, 30.00 feet West of and
parallel with the East line of the Southwest Quarter, 767.82 feet to the
Southeast corner of the tract; Thence North 89 degrees 51 minutes 39 seconds
West, along the South line of the tract, 20.00 feet; Thence North 00 degrees 35
minutes 59 seconds East, 50.00 feet West of and parallel with the East line of
the Southwest Quarter, 81.84 feet; Thence North 06 degrees 19 minutes 41
seconds West, 64.74 feet; Thence North 08 degrees 29 minutes 31 seconds West,
203.70 feet; Thence North 00 degrees 35 minutes 59 seconds East, 90.00 feet
West of and parallel with the West line of the Southwest Quarter, 419.96 feet
to a point on the line between the Northwest and Southwest Quarters; Thence
North 00 degrees 34 minutes 56 seconds East, 90.00 feet West of and parallel
with the West line of the Northwest Quarter, 65.05 feet; Thence North 47
degrees 42 minutes 38 seconds West, 104.25 feet to a point on the existing
south right-of-way of Shoal Creek Parkway; Thence North 89 degrees 50 minutes,
51 seconds East, along the south right-of-way, 137.84 feet to the existing west
right-of-way of Woodland Avenue; Thence South 00 degrees 34 minutes 56 seconds
West, along the west right-of-way, 135.43 feet to the point of beginning containing
48,085.19 square feet or 1.104 acres, more or less.
Street Right-Of-Way
A portion of the Northwest Quarter of Section
25, Township 52 North, Range 33West in Kansas City, Clay County, Missouri
described as follows:
Commencing at the Southeast corner of the
Northwest Quarter of Section 25; Thence North 00 degrees 34 minutes 56 seconds
East, along the East line of the Northwest Quarter, 352.39 feet; Thence North
89 degrees 25 minutes 04 seconds West, 30.00 feet to the intersection of the
existing west right-of-way of N. Woodland Avenue and the existing north
right-of-way of Shoal Creek Parkway and the point of beginning; Thence South 88
degrees 52 minutes 31 seconds West, along the north right-of-way, 94.99 feet;
Thence North 45 degrees 34 minutes 56 seconds East, 49.42 feet; Thence North
00 degrees 34 minutes 56 seconds East, 90.00 feet West of and parallel with the
West line of the Quarter, 707.99 feet to the North line of the tract; Thence
North 90 degrees 00 minutes 00 seconds East, along the North line, 60.00 feet
to the existing west right-of-way; Thence South 00 degrees 34 minutes 56
seconds West, along the right-of-way, 740.72 feet to the point of beginning
containing 45,070.67 square feet or 1.035 acres, more or less.
Section 5. 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 Clay 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 6. That pending the acquisition of said lands by
condemnation, the Director of the Department of Parks and Recreation 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 7. That
said tracts and interests be condemned and conveyed to Kansas City, Missouri.
Section 8. 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
Clay County, Missouri.
__________________________________________
Approved as to form and legality:
______________________________
Matthew Cooper
Assistant City Attorney