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Legislation #: 080448 Introduction Date: 5/1/2008
Type: Ordinance Effective Date: 6/1/2008
Sponsor: None
Title: Condemning and taking private property in fee simple for the public purpose of constructing and improving Maplewoods Parkway and ancillary purposes, Project No. 7002340, from the north side of Barry Road northerly 1830 feet; acquiring additional rights of way and easements for construction purposes; 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; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
4/30/2008 Filed by the Clerk's office
5/1/2008 Referred to Transportation and Infrastructure Committee
5/8/2008 Hold On Agenda (5/15/2008)
5/15/2008 Do Pass
5/15/2008 Assigned to Third Read Calendar
5/22/2008 Passed

View Attachments
FileTypeSizeDescription
080448.pdf Exhibit 380K recorded
080448.pdf Authenticated 347K Authenticated
Condemn Fctsht.xls Fact Sheet 35K Fact Sheet

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ORDINANCE NO. 080448

 

Condemning and taking private property in fee simple for the public purpose of constructing and improving Maplewoods Parkway and ancillary purposes, Project No. 7002340, from the north side of Barry Road northerly 1830 feet; acquiring additional rights of way and easements for construction purposes; 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; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

 

WHEREAS, the Council finds that street rights of way, temporary and storm easements must be condemned for the purpose of constructing and maintaining streets and storm drainage in Kansas City, Clay County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Street Rights of Way, Temporary and Storm Drainage Easements. That street rights of way, temporary and storm drainage easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of a public road for Project No. 7002340, Maplewoods Parkway, 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 by the City Engineer under the supervision of the Director of Public Works, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

  Section 3. The street rights of way shall be used by Kansas City as the permanent location of the street improvements to be constructed therein including any necessary appurtenances to it; Kansas City or its authorized agents shall have the right to enter in or authorize the entry in and upon such rights of way and easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 4. Storm drainage and temporary easements. By the granting of these easements, it shall not be construed to prohibit the grantor from developing any adjoining property or from the laying out, establishing and constructing pavement, surfacing of roadways, curbing and gutters along, upon, over or across said easements or any portion thereof; provided, however, said easements shall be kept free from buildings, and any other structure or obstruction (except sidewalks, roadways, pavement, grass, shrubs, fences, or curbs), which will interfere with the grantee in entering upon said adjacent lands and easements for the purpose of constructing, reconstructing, operating, repairing and maintaining such improvements and appurtenances.

Kansas City shall cause the surface of lands lying within said temporary easement 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 easement shall terminate upon completion and acceptance of the improvements by the Director of Public Works.

 

Section 5. Said party of the second part shall have the right at all times to go upon the lands herein described to construct, maintain and repair the said drainage facilities as may be necessary, and while nothing in this deed shall be construed so as to grant any right to said party of the second part which shall in any way interfere with the safe and unrestricted use by the grantors of the land adjacent to and above said drainage facilities, the grantors shall not use nor attempt to use said property in such manner as would interfere with the proper, safe and continuous maintenance and use of said drainage facilities and specifically shall not build thereon or thereover any structure which may interfere with the maintenance and use thereof.

  Section 6. The street rights of way, temporary and storm drainage easements are hereby condemned and taken for public use and hereby described as follows:

PARCEL 1 PERMANENT ROAD, Right of way Grant:

 

A tract of land lying in the northeast quarter of Section 12, Township 51 north, Range 33 west of the 5th P.M. in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the northwest corner of said northeast quarter; thence south 875317 east, along the north line of said northeast quarter, a distance of 247.80 feet to the northwest corner of the parent tract; thence continuing south 875317 east, along the north line of said northeast quarter, 617.76 feet to the point of beginning; thence continuing south 875317 east, along the north line of said northeast quarter, 229.89 feet; thence departing the north line of said northeast quarter in a curve to the right, 466.68 feet, said curve has a radius of 1.357.00 feet and a chord bearing south 150521 east, 464.38 feet; thence south 051413 east, 971.07 feet to a point on east line of the west half of said northeast quarter; thence south 004415 west, along the east line of the west half of said northeast quarter, and along the west line of MCCASLIN ESTATES, a subdivision in said city of Kansas City, 385.25 feet to the north line of Barry Road; thence south 822041 west, along the north line of Barry Road, 160.04 feet; thence north 051413 west, 1,360.98 feet; thence along a curve to the left, 502.60 feet, said curve has a radius of 1,157.00 feet and a chord bearing north 174054 west, 498.66 feet to the point of beginning. Containing 360,534 square feet or 8.277 acres, more or less.

 

PARCEL 1 Temporary Construction Easement:

 

Six tracts of land lying in the northeast quarter of Section 12, Township 51 north, Range 33 west of the 5th P.M. in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the northwest corner of said northeast quarter; thence south 875317 east, along the north line of said northeast quarter, a distance of 247.80 feet to the northwest corner of the parent tract; thence continuing south 875317 east, along the north line of said northeast quarter, 875.65 feet to the point of beginning; thence continuing south 875317 east, along the north line of said northeast quarter 27.88 feet; thence departing the north line of said northeast quarter, in a curve to the right, 108.34 feet, said curve has a radius of 1, 407.00 feet and a chord bearing south 214202 east, 108.31 feet; thence south 690117 east, 196.87 feet; thence south 122319 east, 131.55 feet; thence south 301003 west, 87.62 feet; thence south 001005 west, 253.72 feet; thence south 695608east, 60.84 feet; thence south 331259 east, 181.18 feet, thence south 000233 east, 110.45 feet; thence south 324542 west, 203.04 feet; thence south 034408 west, 192.35 feet; thence south 115157 west, 45.19 feet to the north line of the southeast quarter of said northeast quarter; thence north 874801 west, along the north line of the southeast quarter of said northeast quarter, 77.22 feet to the northwest corner thereof; thence south 004415 west, along the west line of the southeast quarter of said northeast quarter, 59.74 feet to a point being hereinafter referred to as point a; thence north 613249 west, 4.71 feet; thence north 051413 west, 345.00 feet; thence north 072456 east, 251.10 feet; thence north 033308 west, 170.07 feet; thence north 044616 east, 86.31 feet; thence north 150211 west, 290.05 feet; thence north 222616 west, 141.64 feet; thence along a curve to the left, 124.03 feet, said curve has a radius of 1,382.00 feet and a chord bearing north 215032 west, 123.99 feet to the point of beginning.

 

and:

 

Commencing at aforementioned point A; thence south 004415 west, along the west line of the southeast quarter of said northeast quarter and along and extending the west line of MCCASLIN ESTATES, a subdivision in said city of Kansas City, 422.92 feet to the north line of Barry Road; thence south 822041 west, along the north line of Barry Road, 160.04 feet to the point of beginning; thence continuing south 822041 west, along the north line of Barry Road, 25.02 feet; thence north 051413 west, departing the north line of Barry Road, 26.05 feet; thence north 844547 east, 25.00 feet to a point hereinafter referred to as point B; thence south 051413 east, 24.99 feet to the point of beginning.

 

and:

 

Commencing at the aforementioned point B; thence north 051413 west, 175.00 feet to the point of beginning: thence north 625741 west, 112.36 feet to a point hereinafter referred to as point C; thence north 844547 east, 95.00 feet; thence south 051413 east, 60.00 feet to the point of beginning.

 

and:

 

Commencing at the aforementioned point C; thence north 051413 west, 55.00 feet to the point of beginning; thence north 394547 east, 70.71 feet; thence north 051413 west, 206.00 feet to a point hereinafter referred to as point D; thence north 844547 east, 25.00 feet; thence south 051413 east, 256.00 feet; thence south 844547 west, 75.00 feet to the point of beginning.

 

and:

 

Commencing at the aforementioned point D; thence south 844547 west, 55.00 feet; thence north 051413 west, 77.00 feet to the point of beginning; thence north 012115 west, 443.02 feet; thence north 844547 east, 70.00 feet to a point hereinafter referred to as point E; thence south 051413 east, 442.00 feet; thence south 844547 west, 100.00 feet to the point of beginning.

 

and:

 

Commencing at the aforementioned point E; thence north 051413 west, 76.00 feet to the point of beginning; thence south 844547 west, 35.00 feet; thence north 051413 west, 194.98 feet; thence along a curve to the left, 165.43 feet, said curve has a radius of 1,122.00 feet and a chord bearing north 092739 west, 165.28 feet; thence north 761856 east, 20.00 feet; thence along a curve to the left, 337.20 feet, said curve has a radius of 1,142.00 feet and a chord bearing north 220836 west, 335.97 feet to a point on the north line of said northeast quarter; thence south 875317 east, along the north line of said northeast quarter, 17.78 feet; thence along a curve to the right, 502.60 feet, said curve has a radius of 1,157.00 feet and a chord bearing south 174054 east, 498.66 feet; thence south 051413 east, 194.98 feet to the point of beginning. Containing a total of 237,191 square feet or 5.445 acres, more or less.

 

PARCEL 1 Storm Drainage Easement:

 

Four tracts of land lying in the northeast quarter of Section 12, Township 51 north, Range 33 west of the 5th P.M. in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the northwest corner of said northeast quarter; thence south 875317 east, along the north line of said northeast quarter, a distance of 247.80 feet to the northwest corner of the parent tract; thence continuing south 875317 east, along the north line of said northeast quarter 847.64 feet to the point of beginning; thence continuing south 875317 east, along the north line of said northeast quarter 28.01 feet; thence along a curve to the right, 124.03 feet, said curve has a radius of 1,382.00 feet and a chord bearing south 215032 east, 123.99 feet; thence south 222616 east, 141.64 feet; thence south 150211 east, 290.05 feet; thence south 044616 west, 86.31 feet; thence south 033308 east, 170.07 feet; thence south 072456 west, 251.10 feet to a point hereinafter referred to as point A; thence north 051413 west, 585.98 feet; thence along a curve to the left, 466.68 feet, said curve has a radius of 1,357.00 feet and a chord bearing north 150521 west, 464.38 feet to the point of beginning, containing 45,083 square feet or 1,035 acres, more or less.

 

and:

 

Commencing at aforementioned point A; thence south 051413 east, 345.00 feet to the point of beginning; thence south 613249 east, 4.71 feet to a point on the west line of the southeast quarter of said northeast quarter; thence south 004415 west along the west line of the southeast quarter of said northeast quarter, 37.67 feet to a point hereinafter referred to as point B; thence north 051413 west, 40.08 feet to the point of beginning. Containing 79 square feet or 0.0018 acres, more or less.

 

and:

 

Commencing at aforementioned point B; thence south 004415 west, along the west line of the southeast quarter of said northeast quarter and to, along, and extending the west line of MCCASLIN ESTATES, a subdivision in said city of Kansas City, 385.25 feet to the north line of Barry Road; thence south 822041 west, along the north line of Barry Road, 160.04 feet; thence north 051413 west, departing the north line of Barry Road, 259.99 feet to the point of beginning; thence south 844547 west, 95.00 feet; thence north 051413 west, 55.00 feet; thence north 844547 east, 75.00 feet; thence north 051413 west, 256.00 feet; thence south 844547 west, 80.00 feet; thence north 051413 west, 77.00 feet; thence north 844547 east, 100.00 feet to a point hereinafter referred to as point C; thence south 051413 east, 388.00 feet to the point of beginning, containing 18,045 square feet or 0.4143 acres, more or less.

 

and:

 

Commencing at aforementioned point C; thence north 051413 west, 442.00 feet to the point of beginning; thence south 844547 west, 70.00 feet; thence north 051413 west, 76.00 feet; thence north 844547 east, 70.00 feet; thence south 051413 east, 76.00 feet to the point of beginning. Containing 5,320 square feet, more or less.

 

The four aforementioned tracts contain a total of 68,527 square feet or 1,573 acres, more or less.

Section 7. 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 8. That the street rights of way, temporary and storm drainage easements in the above described tract 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, Clay County, Missouri.

_____________________________________________

Approved as to form and legality:

 

 

___________________________________

Theodore T. Anderson

Assistant City Attorney