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Legislation #: 080416 Introduction Date: 4/24/2008
Type: Ordinance Effective Date: 5/11/2008
Sponsor: None
Title: Condemning and taking permanent and temporary easements on private properties for the improvement and maintenance of trail at Triangle Trail, all in Kansas City, Jackson County, Missouri; and Project No. 714-089-1953-S31-20065 at 98th Terr. _ 71 Highway; and in District 6, providing for the payment of just compensation; authorizing continued negotiations by the City of Kansas City, Missouri; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of said City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

Legislation History
DateMinutesDescription
4/21/2008 Filed by the Clerk's office
4/24/2008 Referred to Transportation and Infrastructure Committee
5/1/2008 Advance and Do Pass, Debate
5/1/2008 Passed

View Attachments
FileTypeSizeDescription
080416.pdf Recorded Info 201K recorded
080416.pdf Authenticated 160K Authenticated
Condemn Fctsht.xls Fact Sheet 35K Fact Sheet

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ORDINANCE NO. 080416

 

Condemning and taking permanent and temporary easements on private properties for the improvement and maintenance of trail at Triangle Trail, all in Kansas City, Jackson County, Missouri; and Project No. 714-089-1953-S31-20065 at 98th Terr. & 71 Highway; and in District 6, providing for the payment of just compensation; authorizing continued negotiations by the City of Kansas City, Missouri; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of said City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

 

WHEREAS, the Council finds that permanent, and temporary easements must be condemned for the purpose of locating, constructing and maintaining trail in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of lands for permanent and temporary easements: That permanent and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of trail at Triangle Trail. This includes related appurtenances in and upon the private lands hereinafter described in Kansas City, Jackson 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 Public Works and identified as Project No. 714-089-1953-S31-20065 same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

The permanent (Pedestrian Right-of-way) shall be used by Kansas City as the permanent location of the trail improvement 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 easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.


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.

The permanent and temporary easements are hereby condemned and described as follows:

Tract 1 Permanent (Pedestrian Right-of-way) (Triangle Trails)

 NEW RIGHT OF WAY for the trail now known as TRIANGLE TRAILS over the following described land:

A strip of land 45 feet wide, to be used for public recreational purposes and is part of the Metro Green regional recreational trails/greenway system, in the Southwest Quarter of the Southwest Quarter of Section 26, Township 48 North, Range 33 West, Kansas City, Jackson County, Missouri, lying 20 feet on the north and west side, and 25 feet on the south and east side of a line more particularly described as follows: (The sidelines which are running parallel with and on each side of said line shall begin and terminate on the property lines.)

 

Beginning on the west line of said Section 26 at the Southeast corner of "King's Rose Hill Subdivision" as recorded in Book 25 on Page 65 in the Jackson County Recorder of Deeds Office; thence along the projection of the South line of said subdivision S864144"E, 24.48 feet; thence along a curve to the left of radius 297.5 feet 372.03 feet; thence to the West line of US 71 Hwy Right of Way, N2139'16"E, 190.75 feet more or less.

 

Containing 26,243 square feet or 0.60 Acres of land, more or less.

 

Tract 2 Temporary Easement

 

A tract of land for Temporary Construction Easement, being a part of Lot 89, Kings Rose Hill Subdivision, a subdivision in the Southeast Quarter of Section 27, Township 48 North, Range 33 West in Kansas City, Jackson County, Missouri, and Vacated Jackson Avenue (Vacation Ordinance No. 41422, July 14, 1972) lying East of said Lot 89 and more particularly described as follows:

 

Beginning at the Southeast Corner of said Lot 89; thence N864144W along the South Line of said Lot 89, 56.45 feet; thence N31816E, 10.00 feet; thence S864144E, 65.18 feet; thence S31816W, 10.00 feet; thence N864144W along the prolongation of the South Line of said Lot 89, 8.74 feet to the Point of Beginning.

 

Containing 652 Square Feet more or less.

Section 3. Compensation that just compensation for the properties to be condemned and taken as aforesaid shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City from funds appropriated or to be appropriated for said purpose, and proceedings therefore shall be instituted and prosecuted in the Circuit Court of Missouri, Jackson County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86 .01 to 86.10 of the Missouri Rules of Civil Procedure.

Section 4. Pending acquisition of the above described easements by condemnation, the Director of Public Works is hereby authorized to purchase said easements and to pay for them out of funds available or to be made available. The City Attorney is hereby authorized and directed to file the petition for condemnation on behalf of the City in the Jackson County Circuit Court. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 5. That upon the effective date of this ordinance, the City Clerk is hereby direct cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County Missouri.

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Approved as to form and legality:

 

 

_______________________________

Theodore T. Anderson

Assistant City Attorney