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Legislation #: 060932 Introduction Date: 8/24/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking street, permanent, and temporary right-of-way on private properties for the construction and maintenance of bridge, on N. Brighton Avenue south of NE 55th Street Terrace, over Mill Creek, all in Kansas City, Clay County, Missouri, providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
8/23/2006 Filed by the Clerk's office
8/24/2006 Referred to Operations Committee
8/30/2006 Advance and Do Pass, Debate
8/31/2006 Passed

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060932.pdf Authenticated 547K Authenticated
Factsheet 5459(condemn).xls Fact Sheet 30K fact sheet

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ORDINANCE NO. 060932

 

Condemning and taking street, permanent, and temporary right-of-way on private properties for the construction and maintenance of bridge, on N. Brighton Avenue south of NE 55th Street Terrace, over Mill Creek, all in Kansas City, Clay County, Missouri, providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

WHEREAS, the Council finds that street right of way, permanent easements, and temporary easements must be condemned for the purpose of locating, constructing and maintaining bridge, sewers, water mains, and street, in Kansas City, Clay County, Missouri; NOW, THEREFORE.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Permanent Easements, and Street Right of Way: That street right of way, water main and sewer easements, and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of bridge, street, water main, and sewers, in and upon the private lands hereinafter described, for Project Number 5459 in Kansas City, Clay County, Missouri, which is on file in the office of the Director of Public Works

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 Capital Improvement Management Office and identified as Project Number 5459, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. The street right of way, and permanent easements shall be used by Kansas City as the permanent location of the bridge, street, water main, and 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 used by Kansas City or its authorized agents, servants, employees or contractors during the construction for grading and sloping, removal and replacement of storage sheds, fencing, trees and shrubbery, sidewalks and driveways, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force.

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.

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 interfere with the proper, safe and continuous use of the sewer facilities to be constructed in and upon such easements.

The street right of way, water main and sewer easements, and temporary construction easements are hereby condemned and taken for public use and hereby described as follows:

For the street now known as North Brighton Avenue over the following described land.

 

TRACT 32 Warranty Deed

 

The West 55.00 feet of the following described tract of land in the Northeast Quarter (NE ) of Section 32, Township 51, Range 32 in the City of Kansas City, Clay County, Missouri, containing 4,931.5 square feet, more or less: A part of the Northwest Quarter of the Northeast Quarter of Section 32, Township 51, Range 32, Kansas City, Clay County, Missouri, thus bounded, viz: Beginning at a point five and 50/100 chains (363.00 feet) South of the Quarter Section corner in the North line of said Section; thence running East one and 84/100 chains (121.44 feet) to the center of the public road; thence North 1830' West two and 23/100 chains(147.18 feet); thence East 17 and 38/100 chains (1147.08 feet) to the center of Thorton Mill Creek; thence up the center of said Creek to a point due East from a point that is seven and 6/100 chains (465.96 feet) South of said quarter Section corner; and thence North one and 56/100 chains (102.96 feet) to the point of beginning. EXCEPT All that part of the Northeast of Section 32, Township 51, Range 32, Kansas City, Clay County, Missouri, described as follows: Beginning at a point in the West line of said that is 210.7 feet South 0040'40" West of the Northwest corner of said ; thence South 8939'49" East and parallel to the North line of said a distance of 70.48 feet to a point in the East line of a tract deeded to the United Sons and Daughters of Peace in Book 125 at Page 466 of the deed records of Clay County; thence South 1751'11" East along said East line a distance of 75.83 feet to a point that is 282.75 feet South of the North line of said ; thence South 8939'49" East and parallel to said North line a distance of 1097.55 feet more or less to the center of Thorton Mill Creek; thence up said centerline in a Southerly direction to a point that is 402.25 feet South of said North line; thence North 8939'49" West and parallel to said North line to the intersection with the centerline of said Thorton Mill Creek; thence up said centerline of said creek in a Northwesterly direction to the intersection with the West line of said ; thence North 0040'40" East to the point of beginning.

 

ALSO EXCEPT:

 

A tract of land in the Northwest Quarter of the Northeast Quarter of Section Thirty-two (32), Township Fifty-one (51), Range Thirty-two (32), in Kansas City, Clay County, Missouri, being described as follows: A tract of land beginning at a point 284.18 feet South and 95 feet East of the Northwest corner of the Northeast Quarter of Section Thirty-two (32), Township Fifty-one (51), Range Thirty-two (32) thence North 1830' West 53.24 feet more or less to the Northwest corner of the tract of land conveyed to Edward Hickman by Grundy Murray and wife by deed recorded in Book 136 at Page 272; thence East to center of Thorton Mill Creek; thence up the creek to a point due East of the point of beginning and the Northeast corner of a tract of land conveyed to Martha Murray by Thurston Waller by deed recorded in Book 277 Page 484; thence West 1111.23 feet to the point of beginning, said point also the point of beginning of the tract aforesaid conveyed to Martha Murray by Thurston Waller.

 

TRACT 32 Temporary Easement

 

The East 70.00 feet of the West 125.00 feet of the following described tract of land in the Northeast Quarter (NE ) of Section 32, Township 51, Range 32 in the City of Kansas City, Clay County, Missouri, containing 4,468.3 square feet, more or less: A part of the Northwest Quarter of the Northeast Quarter of Section 32, Township 51, Range 32, Kansas City, Clay County, Missouri, thus bounded, viz: Beginning at a point five and 50/100 chains (363.00 feet) South of the Quarter Section corner in the North line of said Section; thence running East one and 84/100 chains (121.44 feet) to the center of the public road; thence North 1830' West two and 23/100 chains (147.18 feet); thence East 17 and 38/100 chains (1147.08 feet) to the center of Thorton Mill Creek; thence up the center of said Creek to a point due East from a point that is seven and 6/100 chains (465.96 feet) South of said quarter Section corner; and thence North one and 56/100 chains (102.96 feet) to the point of beginning.

 

EXCEPT:

 

All that part of the Northeast of Section 32, Township 51, Range 32, Kansas City, Clay County, Missouri, described as follows: Beginning at a point in the West line of said that is 210.7 feet South 0040'40" West of the Northwest corner of said ; thence South 8939'49" East and parallel to the North line of said a distance of 70.48 feet to a point in the East line of a tract deeded to the United Sons and Daughters of Peace in Book 125 at Page 466 of the deed records of Clay County; thence South 1751'11" East along said East line a distance of 75.83 feet to a point that is 282.75 feet South of the North line of said ; thence South 8939'49" East and parallel to said North line a distance of 1097.55 feet more or less to the center of Thorton Mill Creek; thence up said centerline in a Southerly direction to a point that is 402.25 feet South of said North line; thence North 8939'49" West and parallel to said North line to the intersection with the centerline of said Thorton Mill Creek; thence up said centerline of said creek in a Northwesterly direction to the intersection with the West line of said ; thence North 0040'40" East to the point of beginning.

 

ALSO EXCEPT:

 

A tract of land in the Northwest Quarter of the Northeast Quarter of Section Thirty-two (32), Township Fifty-one (51), Range Thirty-two (32), in Kansas City, Clay County, Missouri, being described as follows: A tract of land beginning at a point 284.18 feet South and 95 feet East of the Northwest corner of the Northeast Quarter of Section Thirty-two (32), Township Fifty-one (51), Range Thirty-two (32) thence North 1830' West 53.24 feet more or less to the Northwest corner of the tract of land conveyed to Edward Hickman by Grundy Murray and wife by deed recorded in Book 136 at Page 272; thence East to center of Thorton Mill Creek; thence up the creek to a point due East of the point of beginning and the Northeast corner of a tract of land conveyed to Martha Murray by Thurston Waller by deed recorded in Book 277 Page 484; thence West 1111.23 feet to the point of beginning, said point also the point of beginning of the tract aforesaid conveyed to Martha Murray by Thurston Waller.

 

TRACT 32 Quit Claim Deed

 

A tract of land located in Section 32, township 51, range 32 containing 5662.8 square feet, more or less.

 

The west 55 west as measured parallel and perpendicular to part of the west line of Section 32, Township 51, Range 32 said part along said west line, being described as follows:

 

Commencing at the Northwest corner of the Northeast Quarter of said section 32; thence S 00 degrees 22 minutes 04 seconds W along the west line of said Northeast Quarter, a distance of 363.00 feet to the Point of Beginning; thence continuing south along said west line 102.96 feet to its terminus

TRACT 32 Water Main Easement

 

A tract of land located in the NE1/4 of Section 32, township 51, range 32 West of the fifth principal meridian in the City of Kansas City, Clay county, Missouri, said tract being more particularly described as follows: Commencing at the NE corner of the NE1/4 of said section 32; thence S 00d 42 23W 465.96, along the west line of the NE1/4 of said section 32, to the SW corner of a certain tract of land as described in the last will and testament of Horace Hickman recorded in Book 255, page 523; thence S 89d 17 37 E, 55.00 feet, along the south line of said certain tract of land, to a point on the east right of way line of North Brighton Avenue, said point also being the True point of beginning; thence N 00d 42 23 E 6.02 feet along said east right of way line; thence N 26d 54 27 E 64.29 feet to a point on the south line of a certain tract of land conveyed by warranty deed recorded in Book 784, page 488; thence S 89d 17 37 E 22.30 feet along said south line; thence S 26d 54 27 W 71.00 feet to a point on the south line of said certain tract of land recorded in Book 255, page 523; thence N 89d 17 37 W 19.32 feet, along said south line, to the True point of beginning of the tract herein described, containing 1411.59 square feet or 0.0324 acres, more or less.

 

TRACT 33 Standard Sewer Easement

 

A tract of land situated in the Northeast Quarter of Section 32, Township 51 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay 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 Northeast Quarter of said Section 32;thence South 004223 West 210.00 feet, along the West line of the Northeast Quarter of said Section 32, to the Southwest corner of BRIANS RIDGE, a subdivision of land in the City of Kansas City, Missouri, according to the recorded plat thereof; thence South 891737 East 69.00 feet along the South line of said BRIANS RIDGE; thence South 172901 East 13.68 feet, along said South line, to a point on the Easterly right-of-way line of North Brighton, as now established, said point also being the true point of beginning; thence South 891737 East 23.13 feet along said South line; thence South 102250 East 62.35 feet; thence North 891737 West 15.02 feet, along a line parallel with said South line, to a point on said Easterly right-of-way line; thence North 172859 West 64.40 feet, along said Easterly right-of-way line, to the true point of beginning of the tract herein described, containing 1,167 square feet or 0.0268 acres, more or less. except that part lying in existing utility easements.

 

TRACT 33 Temporary Easement

 

A tract of land in the Northeast Quarter (NE ) of Section 32, Township 51, Range 32, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter (NE ) of said Section 32; thence South 0042'23" West along the West Line of the Northeast Quarter (NE ) of said Section 32, also being the West Line of Brian's Ridge, a subdivision in Kansas City, Clay County, Missouri a distance of 210.00 feet; thence South 8917'37" East along the South Line of said Brian's Ridge a distance of 69.00 feet; thence South 1728'59" East along the South Line of said Brian's Ridge a distance of 13.68 feet for a Point of Beginning; thence South 8917'37" East along the South Line of said Brian's Ridge a distance of 51.73 feet; thence South 0042'23" West and parallel to the West Line of the Northeast Quarter (NE ) of said Section 32 a distance of 61.18 feet; thence North 8917'37" West and parallel to the South Line of said Brian's Ridge a distance of 31.63 feet; thence North 1728'59" West a distance of 64.40 feet to the Point of Beginning, containing 2,550.0 square feet, more or less, all in the City of Kansas City, Clay County, Missouri.

 

TRACT 33 Water Main Easement

 

A tract of land in the Northeast Quarter (NE ) of Section 32, Township 51, Range 32, all in the City of Kansas City, Clay County, Missouri and 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 Northeast Quarter (NE ) of said Section 32; thence S 00d 42 23 W 210.00 feet, along the west line of the NE1/4 of said Section 32, to the SW corner of Brians Ridge, a subdivision of land in the City of Kansas City, Clay County, Missouri according to the recorded plat thereof; thence S 89d 17 37 E 69.00 feet along the south line of said Brians Ridge; thence S 17d 29 01 E 13.68 feet, along said west line, to a point on the easterly right of way line of North Brighton, said point also being the True point of beginning; thence S 89d 17 37 E 33.32 feet along said south line of Brians Ridge; thence S 10d 22 50 E, 62.35 feet; thence N 89d 17 37 W 25.21 feet, along a line parallel with said south line, to a point on said easterly right of way line; thence N 17d 28 59 W 64.40 feet, along said easterly right of way line, to the True point of beginning of the tract herein described, containing 1790.77 square feet or 0.0411 acres, more or less.

Section 5. 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 Clay 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 6. 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 7. That the right of way, along with the drainage and temporary easements in Tracts 32, and 33 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 Kansas City, Clay County, Missouri

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Theodore T. Anderson

Assistant City Attorney