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Legislation #: 080064 Introduction Date: 1/31/2008
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property in fee simple interest, for the improvement and maintenance of a bridge and roadway at Sni-A-Bar Road located at 48th Street and Sni-A-Bar Road all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; 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
1/15/2008 Filed by the Clerk's office
1/31/2008 Referred to Transportation and Infrastructure Committee
2/6/2008 Advance and Do Pass, Debate
2/7/2008 Passed

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(5425) Sni-A-Bar Condemnation Fact Sheet..shs Fact Sheet 472K Factsheet

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ORDINANCE NO. 080064

Condemning and taking private property in fee simple interest, for the improvement and maintenance of a bridge and roadway at Sni-A-Bar Road located at 48th Street and Sni-A-Bar Road all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; 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 general warranty deeds, storm drainage easements, and temporary easements must be condemned for the purpose of locating, constructing and maintaining bridge, roadway, and storm drainage in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of lands for street right of way, storm sewer easements and temporary easements: That general warranty deeds, storm drainage easements, and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of bridge and roadway at Sni-A-Bar Road. This includes storm drainage, and 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. 309-089-7568-YXX-5425, Sni-A-Bar Road over Kansas City Southern Rail Road, same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. The general warranty deeds shall be used by Kansas City as the permanent location of the street and bridge 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.

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.

Section 5. Storm drainage easements shall be used by Kansas City as the permanent location of the storm drainage 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.

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 and temporary 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 street and trail to be constructed in and upon such easements.

The general warranty deeds, storm drainage and temporary easements are hereby condemned and described as follows:

Tract 2 Temporary Easement

A parcel of land situated in a portion of Lot 103, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Southwest corner of said Lot 103; thence North 020920 East 21.11 feet along the West line of said Lot 103, thence South 732323 East 154.87 feet to a point on the East line of said Lot 103; thence South 020942 West 5.49 feet, along said East line, to a point on a non-tangent curve concave to the North having a radius of 708.37 feet, said point being on the Northerly right-of-way line of Sni-A-Bar Road, as now established; thence Westerly 134.26 feet, along said Northerly right-of-way line and said curve to the right having a chord bearing North 793940 West 134.06 feet, to a point on the Northerly right-of-way line of Eastwood Place, as now established, said point also being the beginning of a reverse curve concave to the South having a radius of 708.41 feet; thence Westerly 17.72 feet, along said Northerly right-of-way line and said curve to the left having a chord bearing North 745652 West 17.72 feet, to the point of beginning of the parcel herein described, containing 2,375 square feet or 0.0545 acres, more or less.

 

Tract 3 Temporary Easements

 

A parcel of land situated in a portion of Lot 102, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Southwest corner of said Lot 102; thence North 020942 East 18.71 feet, along the West line of said Lot 102, to the beginning of a curve concave to the South having a radius of 375.00 feet; thence Easterly 28.14 feet along said curve to the right having a chord bearing North 775248 East 28.14 feet; thence South 095812 East 27.12 feet to a point on the Northerly right-of-way line of Sni-A-Bar Road, as now established; thence North 874502 West 0.66 feet, along said Northerly right-of-way line, to the beginning of a curve concave to the North having a radius of 708.37 feet; thence Westerly 32.32 feet, along said Northerly right-of-way line and said curve to the right having a chord bearing North 861855 West 32.32 feet, to the point of beginning of the parcel herein described, containing 699 square feet or 0.0160 acres, more or less. Except that part lying in existing utility easements.

 

and

 

A parcel of land situated in a portion of Lot 102, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the intersection of the North right-of-way line of Sni-A-Bar Road, as now established and the Northwesterly right-of-way line of the Kansas City Southern Railroad, as now established, said point being 50.00 feet West of the Southeast corner of said Lot 102; thence North 874502 West 38.03 feet along said North right-of-way line; thence North 051347 West 47.08 feet, to the beginning of a non-tangent curve concave to the South having a radius of 390.00 feet; thence Easterly 50.91 feet along said curve to the right having a chord bearing North 883036 East 50.87 feet; thence South 874502 East 43.32 feet to a point on the Northwesterly right-of-way line of said Kansas City Southern Railroad; thence South 471222 West 70.66 feet, along said Northwesterly right-of-way line, to the point of beginning of the parcel herein described, containing 3,257 square feet or 0.0748 acres, more or less.

 

Tract 4 Temporary Easement

 

A tract of land situated in a portion of the Southwest Quarter of Section 25, Township 49 North, Range 33 West of the 5th Principal Meridian, in the City of Kansas City, Jackson 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).

 

Beginning at the intersection of the North right-of-way line of Sni-A-Bar Road, as now established and the Northwesterly right-of-way line of the Kansas City Southern Railroad, as now established, said point being 1,196.77 feet South and 1,696.28 feet East of the Northwest corner of the Southwest Quarter of said Section 25; thence North 471222 East 70.66 feet along said Northwesterly right-of-way line; thence South 874502 East 17.52 feet; thence South 021458 West 50.00 feet to a point on the North right-of-way line of said Sni-A-Bar Road; thence North 874502 West 67.44 feet, along said North right-of-way line, to the point of beginning of the tract herein described, containing 2,124 square feet or 0.0488 acres, more or less. Except that part lying in existing utility easements.

 

and

 

A tract of land situated in a portion of the Southwest Quarter of Section 25, Township 49 North, Range 33 West of the 5th Principal Meridian, in the City of Kansas City, Jackson 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).

 

Beginning at the intersection of the North right-of-way line of Sni-A-Bar Road, as now established and the Southeasterly right-of-way line of the Kansas City Southern Railroad, as now established, said point being 1,207.03 feet South and 1,957.61 feet East of the Northwest corner of the Southwest Quarter of said Section 25, said point also being the true point of beginning; thence North 874502 West 19.95 feet along said North right-of-way line; thence North 031057 East 4.95 feet; thence North 802022 East 36.81 feet to a point on said Southeasterly right-of-way line; thence South 542347 West 20.45 feet, along said Southeasterly right-of-way line, to the point of beginning of the tract herein described, containing 214 square feet or 0.0049 acres, more or less. Except that part lying in existing utility easements.

 

Tract 6 Temporary Easement

 

A parcel of land situated in a portion of Lots 105 and 106, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel 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 most Southerly corner of said Lot 105; thence North 321457 East 40.00 feet, along the Northwesterly right-of-way line of Sni-A-Bar Road, as now established, to the Northeasterly corner of a certain tract of land conveyed by Quit Claim Deed recorded in Book K-690 at Page 1556, said point also being the true point of beginning; thence South 321457 West 76.31 feet along said Northwesterly right-of-way line; thence North 574503 West 50.00 feet; thence North 321457 East 41.65 feet; thence North 465409 East 21.61 feet to a point on the Northerly line of said certain tract of land conveyed by Quit Claim Deed recorded in Book K-690 at Page 1556; thence South 745518 East 46.61 feet, along said Northerly line, to the true point of beginning of the parcel herein described, containing 3,377 square feet or 0.0775 acres, more or less. Except that part lying in existing utility easements.

Tract 7 General Warranty Deed

A parcel of land situated in a portion of Lot 105, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel 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 said Lot 105; thence South 875259 East 108.96 feet, along the South right-of-way line of Eastwood Place, as now established, to the true point of beginning; thence South 875259 East 0.07 feet, along said South right-of-way line, to the beginning of a curve concave to the South having a radius of 668.41 feet; thence Easterly 141.89 feet, along said South right-of-way line and said curve to the right having a chord bearing South 814806 East 141.62 feet, to a point on the Southwesterly right-of-way line of said Eastwood Place, said point being on a non-tangent curve concave to the Southwest having a radius of 40.00 feet; thence Southeasterly 55.15 feet, along said Southwesterly right-of-way line and said curve to the right having a chord bearing South 361328 East 50.88 feet, to the beginning of a non-tangent curve concave to the Southwest having a radius of 160.00 feet; thence Northwesterly 129.92 feet, along said curve to the left having a chord bearing North 643716 West 126.38 feet, to a point 5.00 feet South of and at right angles to the South right-of-way line of said Eastwood Place; thence North 875259 West 56.35 feet along a line 5.00 feet South of and parallel with said South right-of-way line; thence North 020701 East 5.00 feet to the true point of beginning of the parcel herein described, containing 1,168 square feet or 0.0268 acres, more or less.

 

Tract 7 Temporary Easement

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the most Southerly corner of said Lot 105; thence North 321457 East 40.00 feet, along the Northwesterly right-of-way line of Sni-A-Bar Road, as now established, to the Southeasterly corner of a certain tract of land conveyed by Quit Claim Deed recorded in Book K-1435 at Page 1532, said point also being the true point of beginning; thence North 745518 West 46.61 feet along the Southerly line of said certain tract of land conveyed by Quit Claim Deed recorded in Book K-1435 at Page 1532; thence North 465409 East 145.99 feet to the beginning of a non-tangent curve concave to the Southwest having a radius of 125.00 feet; thence Northwesterly 74.36 feet along said curve to the left having a chord bearing North 545314 West 73.27 feet; thence North 491905 West 25.08 feet; thence North 480818 West 30.00 feet; thence North 020701 East 5.00 feet; thence South 875259 East 8.32 feet to the beginning of a curve concave to the Southwest having a radius of 160.00 feet; thence Southeasterly 129.92 feet, along said curve to the right having a chord bearing South 643716 East 126.38 feet, to a point on the Northwesterly right-of-way line of said Sni-A-Bar Road, said point also being on a non-tangent curve concave to the West having a radius of 40.00 feet; thence Southerly 20.23 feet along said Northwesterly right-of-way line and said curve to the right having a chord bearing South 174537 West 20.02 feet; thence South 321457 West 144.07 feet, along said Northwesterly right-of-way line, to the true point of beginning of the parcel herein described, containing 7,461 square feet or 0.1713 acres, more or less. Except that part lying in existing utility easements.

Tract 8 Temporary Easement

A tract of land situated in a portion of the Southwest Quarter of Section 25, Township 49 North, Range 33 West of the 5th Principal Meridian, in the City of Kansas City, Jackson 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 Lot 312, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof; thence North 874502 West 124.21 feet, along the South right-of-way line of Sni-A-Bar Road, as now established, said point being 1,277.19 feet South and 1,705.58 feet East of the Northwest corner of the Southwest Quarter of said Section 25, said point also being the true point of beginning; thence South 021458 West 30.07 feet to the beginning of a non-tangent curve concave to the South having a radius of 230.00 feet; thence Westerly 131.71 feet along said curve to the left having a chord bearing South 771808 West 129.92 feet; thence North 290610 West 25.00 feet to the beginning of a non-tangent curve concave to the Southeast having a radius of 255.00 feet; thence Southwesterly 42.49 feet along said curve to the left having a chord bearing South 560723 West 42.44 feet; thence South 244536 West 84.10 feet; thence South 574503 East 20.00 feet; thence South 321457 West 95.06 feet; thence North 574503 West 50.00 feet to a point on the Southeasterly right-of-way line of said Sni-A-Bar Road; thence North 321457 East 37.49 feet along said Southeasterly right-of-way line; thence South 574436 East 48.00 feet; thence North 321457 East 15.00 feet along a line parallel with said Southeasterly right-of-way line; thence North 574436 West 48.00 feet to a point on said Southeasterly right-of-way line; thence North 321457 East 114.68 feet along said Southeasterly right-of-way line to the beginning of a curve concave to the Southeast having a radius of 135.00 feet; thence Northeasterly 0.64 feet along said curve to the right having a chord bearing North 322304 East 0.64 feet, to a point on a non-tangent curve concave to the Southeast having a radius of 270.00 feet; thence Northeasterly 135.31 feet, along said curve to the right having a chord bearing North 621457 East 133.89 feet, to a point on a non-tangent curve concave to the South having a radius of 135.00 feet; thence Easterly 0.64 feet, along said curve to the right having a chord bearing South 875309 East 0.64 feet, to a point on the South right-of-way line of said Sni-A-Bar Road; thence South 874502 East 78.02 feet, along said South right-of-way line, to the true point of beginning of the tract herein described, containing 11,916 square feet or 0.2736 acres, more or less. Except that part lying in existing utility easements.

 

and

 

A tract of land situated in a portion of the Southwest Quarter of Section 25, Township 49 North, Range 33 West of the 5th Principal Meridian, in the City of Kansas City, Jackson 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).

 

Beginning at the Northwest corner of Lot 312, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, said point being 1,282.07 feet South and 1,829.70 feet East of the Northwest corner of the Southwest Quarter of said Section 25; thence South 512657 West 7.65 feet along the Northwesterly line of said Lot 312; thence North 874502 West 28.43 feet; thence North 021458 East 5.00 feet to a point on the South right-of-way line of Sni-A-Bar Road, as now established; thence South 874502 East 34.22 feet, along said South right-of-way line, to the point of beginning of the tract herein described, containing 157 square feet or 0.0036 acres, more or less. Except that part lying in existing utility easements.

 

Tract 8 General Warranty Deed / Grant of Easement

 

A tract of land situated in a portion of the Southwest Quarter of Section 25, Township 49 North, Range 33 West of the 5th Principal Meridian, in the City of Kansas City, Jackson 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 Lot 312, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof; thence North 874502 West 202.23 feet, along the South right-of-way line of Sni-A-Bar Road, as now established, to the beginning of a curve concave to the South having a radius of 135.00 feet; thence Westerly 0.64 feet, along said South right-of-way line and said curve to the left having a chord bearing North 875309 West 0.64 feet, to a point on a non-tangent curve concave to the Southeast having a radius of 270.00 feet, said point being 1,274.11 feet South and 1,626.99 feet East of the Northwest corner of the Southwest Quarter of said Section 25, said point also being the true point of beginning; thence Southwesterly 135.31 feet, along said curve to the left having a chord bearing South 621457 West 133.89 feet, to a point on the Southeasterly right-of-way line of said Sni-A-Bar Road, said point also being on a non-tangent curve concave to the Southeast having a radius of 135.00 feet; thence Northeasterly 140.10 feet, along said curve to the right having a chord bearing North 621457 East 133.89 feet, to the true point of beginning of the tract herein described, containing 853 square feet or 0.0196 acres, more or less.

 

Tract 8 Storm Drainage Easement

 

A tract of land situated in a portion of the Southwest Quarter of Section 25, Township 49 North, Range 33 West of the 5th Principal Meridian, in the City of Kansas City, Jackson 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 Lot 312, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, said point being on the Southeasterly right-of-way line of the Kansas City Southern Railroad, as now established, said point also being on a curve concave to the Southeast having a radius of 1,830.08 feet; thence Southwesterly 365.26 feet, along said Southeasterly right-of-way line and said curve to the left having a chord bearing South 455104 West 364.66 feet; thence North 495200 West 158.38 feet, to a point on the Southeasterly right-of-way line of Sni-A-Bar Road, as now established, said point being 1,433.98 feet South and 1,446.96 feet East of the Northwest corner of the Southwest Quarter of said Section 25, said point also being the true point of beginning; thence South 574436 East 48.00 feet; thence South 321457 West 15.00 feet; thence North 574436 West 48.00 feet to a point on said Southeasterly right-of-way line; thence North 321457 East 15.00 feet, along said Southeasterly right-of-way line, to the true point of beginning of the tract herein described, containing 720 square feet or 0.0165 acres, more or less. Except that part lying in existing utility easements.

 

Tract 9 Temporary Easement

 

A parcel of land situated in a portion of Lot 312, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 312; thence South 874502 East 13.10 feet, along the South right-of-way line of Sni-A-Bar Road, as now established, to the Northeast corner of a certain tract of land conveyed by Warranty Deed recorded in Book K-1609 at Page 1322; thence South 013245 East 15.03 feet along the Easterly line of said certain tract of land conveyed by Warranty Deed recorded in Book K-1609 at Page 1322; thence North 874502 West 18.31 feet along a line parallel with said South right-of-way line; thence North 021458 East 10.00 feet; thence North 874502 West 1.58 feet, along a line parallel with said South right-of-way line, to a point on the Southeasterly right-of-way line of the Kansas City Southern Railroad, as now established; thence North 512657 East 7.65 feet, along said Southeasterly right-of-way line, to the point of beginning of the parcel herein described, containing 261 square feet or 0.0060 acres, more or less. Except that part lying in existing utility easements.

 

Tract 10 Temporary Easement

 

A parcel of land situated in a portion of Lot 312, Eastwood Hills, a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel 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 said Lot 312; thence South 874502 East 13.10 feet, along the South right-of-way line of Sni-A-Bar Road, as now established, to the Northwest corner of a certain tract of land conveyed by Warranty Deed recorded in Book K-341 at Page 1480, said point also being the true point of beginning; thence South 874502 East 42.68 feet along said South right-of-way line; thence South 021458 West 5.00 feet; thence North 874502 West 24.99 feet along a line parallel with said South right-of-way line; thence South 021458 West 10.00 feet; thence North 874502 West 16.69 feet, along a line parallel with said South right-of-way line, to a point on the Westerly line of said certain tract of land conveyed by Warranty Deed recorded in Book K-341 at Page 1480; thence North 013245 West 15.03 feet, along said Westerly line, to the true point of beginning of the parcel herein described, containing 383 square feet or 0.0088 acres, more or less. Except that part lying in existing utility easements.

Section 6. 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 of the Missouri Rules of Civil Procedure.

Section 7. Pending acquisition of the above described easements by condemnation, the Director of City Development 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 8. 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.

_________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Theodore T. Anderson

Assistant City Attorney