ORDINANCE
NO. 180077
Authorizing condemnation and taking of private property
interests for public use for Street Right of Way purposes and for Retaining
Wall, Storm Drainage, and Temporary Construction Easements, for the
construction, location and maintenance of the “N.E. 104th Street Improvements –
Phase IIA”, Project No. 89008535, from a point +/- 2,500 feet east of the
intersection of Missouri Route 291 and N.E. 104th Street (9600 N.E. 104th
Street), east to N. Church Road, 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 Public Works;
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.E. 104th Street Improvements – Phase
IIA” 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 No. 89008535, “N.E. 104th Street
Improvements – Phase IIA”, 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 Public Works, the same being on file in the Office of the Director
of the Department of Public Works, 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.E. 104th Street 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.
Retaining Wall Easement
The Retaining Wall Easement shall be used by the City of
Kansas City, Missouri for the location, construction and maintenance of retaining
walls and associated improved 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 easement for
the purpose of locating, constructing, reconstructing, maintaining, operating
and repairing said improvements or making connections thereto.
While nothing in the acquisition of
this easement through eminent domain shall be construed so as to grant any
right to the City which shall in any way interfere with the safe and
unrestricted use by property owner or owners of the land adjacent to and above
said easement, the property owner or owners 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 easement and specifically shall not
build thereon or there over any structure which may interfere with the
maintenance and use of said retaining wall.
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.
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, and said temporary construction easement shall
terminate three (3) 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
Public Works.
Section
4. That said property interests are hereby authorized condemned and taken for
public use and are described as follows:
Tract No. 1
Temporary
Construction Easement (3 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.
All
that part of the Southeast Quarter of Section 26, Township 52 North, Range 32
West of the Fifth Principal Meridian, all being situated in Kansas City, Clay
County, Missouri and more particularly described as follows:
Commencing
at the Southwest corner of the Southeast Quarter of said Section 26; thence
South 89 degrees 32 minutes 57 seconds East along the South line of said
Southeast Quarter a distance of 1316.64 feet to the Southwest corner of the
East Half of said Southeast Quarter; thence North 00 degrees 22 minutes 03
seconds East along the West line of said East Half a distance of 40.00 feet to
a point on the North Right of Way Line of NE. 104th Street; said point being
the point of beginning; thence continuing North 00 degrees 22 minutes 03
seconds East along said West line a distance of 70.00 feet; thence South 89
degrees 32 minutes 57 seconds East a distance of 142.02 feet; thence North 00
degrees 27 minutes 03 seconds East a distance of 30.00 feet; thence South 89
degrees 32 minutes 57 seconds East a distance of 100.00 feet; thence South 00
degrees 27 minutes 03 seconds West a distance of 50.00 feet; thence South 89
degrees 32 minutes 57 seconds East a distance of 319.44 feet; thence South 00
degrees 25 minutes 59 seconds West a distance of 50.00 feet to a point on the
North right of way line of NE 104th Street; thence North 89 degrees 32 minutes
57 seconds West along said right of way a distance of 561.38 feet to the point
of beginning. Containing: 35,911 Square Feet or 0.82 Acres.
Tract
No. 2
Right
of Way:
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.
All
that part of the Southeast Quarter of Section 26, Township 52 North, Range 32
West of the Fifth Principal Meridian, all being situated in Kansas City, Clay
County, Missouri and more particularly described as follows:
Commencing
at the Southwest corner of the Southeast Quarter of said Section 26; thence
South 89 degrees 32 minutes 57 seconds East along the South line of said
Southeast Quarter a distance of 1877.97 feet; thence North 00 degrees 27
minutes 03 seconds East a distance of 20.00 feet to the point of beginning;
thence North 00 degrees 25 minutes 59 seconds East a distance of 20.00 feet;
thence South 89 degrees 32 minutes 57 seconds East a distance of 220.00 feet;
thence South 00 degrees 25 minutes 59 seconds West a distance of 20.00 feet;
thence North 89 degrees 32 minutes 57 seconds West a distance of 220.00 feet to
the point of beginning. Containing: 4,400 Square Feet or 0.101 Acres.
Temporary
Construction Easement (3 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.
All
that part of the Southeast Quarter of Section 26, Township 52 North, Range 32
West of the Fifth Principal Meridian, all being situated in Kansas City, Clay
County, Missouri and more particularly described as follows:
Commencing
at the Southwest corner of the Southeast Quarter of said Section 26; thence
South 89 degrees 32 minutes 57 seconds East along the South line of said
Southeast Quarter a distance of 1877.97 feet; thence North 00 degrees 27
minutes 03 seconds East a distance of 40.00 feet to the point of beginning;
thence North 00 degrees 25 minutes 59 seconds East a distance of 30.00 feet;
thence South 89 degrees 32 minutes 57 seconds East a distance of 116.02 feet;
thence North 49 degrees 10 minutes 20 seconds East a distance of 20.21 feet;
thence North 00 degrees 27 minutes 03 seconds East a distance of 44.41 feet;
thence South 89 degrees 32 minutes 57 seconds East a distance of 40.00 feet;
thence South 00 degrees 27 minutes 03 seconds West a distance of 47.74 feet;
thence South 89 degrees 32 minutes 57 seconds East a distance of 48.79 feet;
thence South 00 degrees 25 minutes 59 seconds West a distance of 40.00 feet;
thence North 89 degrees 32 minutes 57 seconds West a distance of 220.00 feet to
the point of beginning. Containing: 9,499 Square Feet, or 0.218 Acres.
Tract
No. 3
Temporary
Construction Easement (3 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.
All
that part of the Southeast Quarter of Section 26, Township 52 North, Range 32
West of the Fifth Principal Meridian, all being situated in Kansas City, Clay
County, Missouri and more particularly described as follows:
Commencing
at the Southeast corner of the Southeast Quarter of said Section 26; thence
North 00 degrees 29 minutes 54 seconds East along the East Line of said
Southeast Quarter a distance of 40.00 feet to a point on the North Right of way
of ne 104th street, said point being the POINT OF BEGINNING; thence North 89
degrees 32 minutes 57 seconds West along said right of way a distance of 535.35
feet; thence North 00 degrees 25 minutes 59 seconds East a distance of 40.00
feet; thence South 89 degrees 32 minutes 57 seconds East a distance of 19.56
feet; thence South 00 degrees 27 minutes 03 seconds West a distance of 5.00
feet; thence South 89 degrees 32 minutes 57 seconds East a distance of 515.83
feet to a point on the East line of said Southeast Quarter; thence South 00
degrees 29 minutes 54 seconds West along said East line a distance of 35.00
feet to the point of beginning. Containing: 18,836 Square Feet or 0.43 Acres.
Tract No. 4
Right
of Way:
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.
All
that part of the Southwest Quarter of Section 25, Township 52 North, Range 32
West of the Fifth Principal Meridian, all being situated in Kansas City, Clay
County, Missouri and more particularly described as follows:
Commencing
at the Southwest corner of the Southwest Quarter of said Section 25; thence
North 00 degrees 29 minutes 54 seconds East along the West Line of said
Southwest Quarter a distance of 20.00 feet to a point on the North Right of Way
of NE. 104th Street, said point being the point of beginning; thence continuing
along said West line North 00 degrees 29 minutes 54 seconds East a distance of
20.00 feet; thence South 89 degrees 28 minutes 36 seconds East a distance
1321.82 feet; thence South 00 degrees 29 minutes 18 seconds West a distance
20.00 feet to a point on the North Right of Way of NE. 104th Street; thence
North 89 degrees 28 minutes 36 seconds West along said right of way a distance of
1321.83 feet to the point of beginning. Containing: 26,436 Square Feet or
0.607 Acres.
Storm
Drainage Easement:
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.
All
that part of the Southwest Quarter of Section 25, Township 52 North, Range 32
West, situated in Kansas City, Clay County Missouri and being more particularly
described as follows:
Commencing
at the Southwest corner of said Southwest Quarter; thence North 00 degrees 29
minutes 54 seconds East along the West line thereof a distance of 40.00 feet;
thence departing said West line South 89 degrees 28 minutes 36 seconds east a
distance of 82.38 feet to the POINT OF BEGINNING; thence North 00 degrees 31
minutes 24 seconds East a distance of 100.00 feet; thence South 89 degrees 28
minutes 36 seconds East a distance of 84.15 feet; thence South 01 degrees 05
minutes 41 seconds East a distance of 100.04 feet; thence North 89 degrees 28
minutes 36 seconds West a distance of 86.98 feet to the point of beginning.
Containing: 8,577 Square Feet or 0.197 Acres.
Temporary
Construction Easement (3 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.
All
that part of the Southwest Quarter of Section 25, Township 52 North, Range 32
West of the Fifth Principal Meridian, all being situated in Kansas City, Clay
County, Missouri and more particularly described as follows:
Commencing
at the Southwest corner of the Southwest Quarter of said Section 25; thence
North 00 degrees 29 minutes 54 seconds East along the West Line of said
Southwest Quarter a distance of 40.00 feet to a point on the North Right of Way
of NE. 104th Street, said point being the point of beginning; thence continuing
along said West line North 00 degrees 29 minutes 54 seconds East a distance of
65.00 feet; thence South 89 degrees 28 minutes 36 seconds East a distance of
182.55 feet; thence South 01 degrees 05 minutes 41 seconds East a distance of
10.00 feet; thence South 89 degrees 28 minutes 36 seconds East a distance of
170.40 feet; thence North 00 degrees 31 minutes 24 seconds East a distance of
9.46 feet; thence South 89 degrees 28 minutes 36 seconds East a distance of
44.34 feet; thence South 00 degrees 31 minutes 24 seconds West a distance 9.46
feet; thence South 89 degrees 28 minutes 36 seconds East a distance of 115.75
feet; thence North 00 degrees 31 minutes 24 seconds East a distance of 63.09
feet; thence North 87 degrees 49 minutes 46 seconds East a distance 80.09 feet;
thence South 00 degrees 31 minutes 24 seconds West a distance of 61.85 feet;
thence South 89 degrees 28 minutes 36 seconds East a distance of 195.88 feet;
thence North 00 degrees 31 minutes 24 seconds East a distance of 21.10 feet;
thence South 89 degrees 28 minutes 36 seconds East a distance of 40.73 feet;
thence South 00 degrees 31 minutes 24 seconds West a distance 21.10 feet;
thence South 89 degrees 28 minutes 36 seconds East a distance of 109.12 feet;
thence North 00 degrees 31 minutes 24 seconds East a distance of 10.00 feet;
thence South 89 degrees 28 minutes 36 seconds East a distance of 120.00 feet;
thence South 00 degrees 31 minutes 24 seconds West a distance 10.00 feet;
thence South 89 degrees 28 minutes 36 seconds East a distance of 262.75 feet;
thence South 00 degrees 29 minutes 18 seconds West a distance 60.00 feet to a
point on the North Right of Way of NE. 104th Street; thence North 89 degrees 28
minutes 36 seconds West along said right of way a distance of 1321.82 feet to
the point of beginning. Containing: 85,846 Square Feet or 1.971 Acres.
Tract
No. 5
Permanent
Retaining Wall Easement:
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.
All
that part of Tract B, Manderley, a subdivision in Kansas City, Clay County,
Missouri according to the recorded plat thereof, being more particularly described
as follows:
Commencing
at the Southeast corner of said Tract B; thence North 89 degrees 28 minutes 36
seconds West along the South line thereof a distance of 502.11 feet to the
point of beginning; thence continuing along said South line North 89 degrees 28
minutes 36 seconds West a distance of 258.88 feet; thence along a curve to the
right with a radius of 25.00 feet a central angle of 47 degrees 09 minutes 23
seconds and an arc length of 20.58 feet; thence departing said South line
South 89 degrees 28 minutes 36 seconds East a distance of 277.22 feet; thence
South 00 degrees 31 minutes 24 seconds West a distance of 8.00 feet to the
point of beginning. Containing: 2,172 Square Feet or 0.05 Acres.
Storm
Drainage Easement (No. 1):
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.
All
that part of Tract B, Manderley, a subdivision in Kansas City, Clay County,
Missouri according to the recorded plat thereof, being more particularly
described as follows:
Commencing
at the Southeast corner of said Tract B; thence North 89 degrees 28 minutes 36
seconds West along the South line thereof a distance of 743.01 feet to the
point of beginning; thence continuing along said South line North 89 degrees 28
minutes 36 seconds West a distance of 17.98 feet; thence along a curve to the
right with a radius of 25.00 feet a central angle of 08 degrees 11 minutes 30
seconds and an arc length of 3.57 feet; thence departing said South line North
14 degrees 08 minutes 49 seconds East a distance of 42.09 feet; thence South 75
degrees 51 minutes 11 seconds East a distance of 21.00 feet; thence South 14
degrees 08 minutes 49 seconds West a distance of 37.26 feet to the point of
beginning. Containing: 836 Square Feet or 0.019 Acres.
Storm
Drainage Easement (No. 2):
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.
All
that part of Tract A, Manderley, a subdivision in Kansas City, Clay County,
Missouri according to the recorded plat thereof, being more particularly
described as follows:
Beginning
at the Southwest Corner of Tract A; thence North 00 degrees 29 minutes 18
seconds East along the West Line thereof a distance of 54.91 feet; thence
South 89 degrees 28 minutes 36 seconds East a distance of 204.38 feet; thence
South 42 degrees 32 minutes 20 seconds East a distance of 75.15 feet to a point
on the North Right of Way Line of NE. 104th Street; thence North 89 degrees 28
minutes 36 seconds West along said North right of way a distance of 255.66 feet
to the point of beginning. Containing: 12,630 Square Feet or 0.290 Acres.
Temporary
Construction Easement (No. 1) (3 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.
All
that part of Tract B, Manderley, a subdivision in Kansas City, Clay County,
Missouri according to the recorded plat thereof, being more particularly
described as follows:
Beginning
at the Southeast corner of said Tract B; thence North 89 degrees 28 minutes 36
seconds West along the South line thereof a distance of 760.99 feet; thence
along a curve to the right with a radius of 25.00 feet a central angle of 89
degrees 58 minutes 48 seconds and an arc length of 39.26 feet to the West line
of said Tract B; thence North 00 degrees 30 minutes 12 seconds East along said
West line a distance of 26.82 feet; thence departing said West line South 89
degrees 28 minutes 36 seconds East a distance of 63.87 feet; thence South 00
degrees 31 minutes 24 seconds West a distance of 31.81 feet; thence North 81
degrees 18 minutes 32 seconds East a distance of 211.08 feet; thence South 69
degrees 43 minutes 12 seconds East a distance of 18.58 feet; thence South 80
degrees 58 minutes 46 seconds East a distance of 186.25 feet; thence South 89
degrees 28 minutes 36 seconds East a distance of 250.11 feet; thence North 12
degrees 52 minutes 39 seconds East a distance of 21.45 feet; thence South 89
degrees 28 minutes 36 seconds East a distance of 57.35 feet to the East line of
said Tract B; thence South 00 degrees 28 minutes 42 seconds West along said
East line a distance of 40.95 feet to the point of beginning. Containing:
25,459 Square Feet or 0.584 Acres.
Temporary
Construction Easement (No. 2) (3 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.
All
that part of Tract A, Manderley, a subdivision in Kansas City, Clay County,
Missouri according to the recorded plat thereof, being more particularly
described as follows:
Commencing
at the Southwest Corner of Tract A; thence South 89 degrees 28 minutes 36
seconds East along the South Line thereof, said line also being the North Right
of Way Line of NE. 104th Street, a distance of 255.66 feet to the point of
beginning; thence North 42 degrees 32 minutes 20 seconds West a distance of
13.69 feet; thence South 89 degrees 28 minutes 36 seconds East a distance of
191.52 feet; thence North 00 degrees 30 minutes 12 seconds East a distance of
24.54 feet; thence South 89 degrees 28 minutes 36 seconds East a distance of
10.00 feet to a point on the West Right of Way Line of N. Willow Ave.; thence
South 00 degrees 30 minutes 12 seconds West long said right of way line a
distance of 9.53 feet; thence along a curve to the right with a radius of 25.00
feet, a central angle of 90 degrees 01 minutes 12 seconds and an arc length of
39.28 feet; thence North 89 degrees 28 minutes 36 seconds West a distance of
167.17 feet to the point of beginning. Containing: 2,080 Square Feet or 0.048
Acres.
Tract
No. 9
Right
of Way:
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.
All
that part of the Southeast Quarter of Section 25, Township 52 North, Range 32
West of the Fifth Principal Meridian, situated in Kansas City, Clay County,
Missouri and being more particularly described as follows:
Commencing
at the Southeast corner of said Southeast Quarter; thence North 89 degrees 31
minutes 22 seconds West along the South line of said Southeast Quarter a
distance of 721.67 feet; thence North 00 degrees 28 minutes 48 seconds East a
distance of 25.00 feet to the North right-of-way line of N.E. 104th Street as
now established and the point of beginning; thence continuing North 00 degrees
28 minutes 48 seconds East a distance of 15.00 feet; thence South 89 degrees 31
minutes 22 seconds East, 40 feet North of and parallel with the South line of
said Southeast Quarter for a distance of 218.50 feet; thence South 00 degrees
28 minutes 37 seconds West a distance of 15.00 feet to said North right-of-way
line; thence North 89 degrees 31 minutes 22 seconds West along said
right-of-way line a distance of 218.50 feet to the point of beginning.
Containing: 3,278 Square Feet or 0.075 Acres.
Tract
No. 10
Right
of Way:
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.
All
that part of the Southeast Quarter of Section 25, Township 52 North, Range 32
West of the Fifth Principal Meridian, situated in Kansas City, Clay County,
Missouri and being more particularly described as follows:
Commencing
at the Southeast corner of said Southeast Quarter; thence North 89 degrees 31
minutes 22 seconds West along the South line of said Southeast Quarter a
distance of 503.17 feet; thence North 00 degrees 28 minutes 37 seconds East a
distance of 20.00 feet to the North right-of-way line of NE 104th Street as now
established and the point of beginning; thence continuing North 00 degrees 28
minutes 37 seconds East a distance of 20.00 feet; thence South 89 degrees 31
minutes 22 seconds East, 40 feet North of and parallel with the South line of
said Southeast Quarter for a distance of 203.10 feet; thence South 00 degrees
22 minutes 35 seconds West a distance of 20.00 feet to said North right-of-way
line; thence North 89 degrees 31 minutes 22 seconds West along said
right-of-way line a distance of 203.13 feet to the point of beginning.
Containing: 4,062 Square Feet or 0.093 Acres.
Tract
No. 13
Temporary
Construction Easement (3 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.
All
that part of Lot 350, Amber Meadows-Sixth Plat, a subdivision in Kansas City,
Clay County, Missouri according to the recorded plat thereof, being more
particularly described as follows:
Commencing
at the Northeast corner of said Lot 350; thence North 89 degrees 28 minutes 36
seconds West along the North line thereof a distance of 26.87 feet to the point
of beginning; thence departing said North line South 34 degrees 20 minutes 46
seconds West a distance of 113.33 feet to the West line of said Lot 350; thence
North 00 degrees 31 minutes 24 seconds East along said West line a distance of
54.15 feet; thence along a curve to the right with a radius of 40.00 feet a
central angle of 90 degrees 00 minutes 00 seconds and an arc length of 62.83
feet to the North line of said Lot 350; thence South 89 degrees 28 minutes 36
seconds East along said North line a distance of 23.08 feet to the point of
beginning. Containing: 2,626 Square Feet or 0.06 Acres.
Tract
No. 16
Temporary
Construction Easement (3 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.
All
that part of Lot 453, Amber Lakes-Fourth Plat, a subdivision in Kansas City,
Clay County, Missouri according to the recorded plat thereof being more
particularly described as follows:
Commencing
at the Northwest corner of said Lot 453; South 89 degrees 28 minutes 36 seconds
East along the North line thereof a distance of 58.63 feet; thence departing
said North line South 00 degrees 31 minutes 24 seconds West a distance of 5.00
feet to the point of beginning; thence South 89 degrees 28 minutes 36 seconds
East a distance of 25.90 feet to the East line of said Lot 453; thence along
said East line on a curve to the right whose initial tangent bears South 16
degrees 04 minutes 41 seconds East with a radius of 35.00 feet a central angle
of 16 degrees 36 minutes 06 seconds and an arc length of 10.14 feet; thence
South 00 degrees 31 minutes 24 seconds West a distance of 26.33 feet; thence
departing said East line North 36 degrees 27 minutes 38 seconds West a distance
of 45.48 feet to the point of beginning. Containing: 492 Square Feet or 0.011
Acres.
Tract
No. 18
Temporary
Construction Easement (3 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.
All
that part of the Northeast Quarter of Section 35, Township 52 North, Range 32
West of the Fifth Principal Meridian, all being situated in Kansas City, Clay
County, Missouri and more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter
of said Section 35; thence South 00 degrees 16 minutes 37 seconds West along
the East Line of said Northeast Quarter a distance of 40.00 feet to a point on
the South Right of Way of NE. 104th Street, said point being the point of
beginning; thence continuing South 00 degrees 16 minutes 37 seconds West along
said East line a distance of 20.00 feet; thence North 89 degrees 32 minutes 57
seconds West a distance of 510.50 feet; thence South 00 degrees 27 minutes 03
seconds West a distance of 75.00 feet; thence North 89 degrees 32 minutes 57
seconds West a distance of 210.00 feet; thence North 00 degrees 27 minutes 03
seconds East a distance of 55.00 feet; thence South 89 degrees 32 minutes 57
seconds East a distance of 15.00 feet; thence North 00 degrees 27 minutes 03
seconds East a distance of 40.00 feet to a point on the South Right of Way Line
of NE. 104th Street; thence South 89 degrees 32 minutes 57 seconds East along
said South right of way line a distance of 705.44 feet to the point of
beginning. Containing: 29,559 Square Feet or 0.68 Acres.
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 Public Works 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