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Legislation #: 190431 Introduction Date: 5/23/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property interests for public use for the construction, location and maintenance of the Dr. Martin Luther King, Jr. Blvd. and Independence Blvd. Intersection “the Paseo Gateway Intersection” project, Project No. 70142204, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Department of Parks and Recreation; 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 Jackson County, Missouri.

Legislation History
DateMinutesDescription
5/22/2019 Filed by the Clerk's office
5/23/2019 Referred to Transportation & Infrastructure Committee
6/6/2019 Do Pass
6/6/2019 Assigned to Third Read Calendar
6/13/2019 Passed

View Attachments
FileTypeSizeDescription
190431.pdf Recorded Info 414K Recorded Documents
Paseo Gateway Condemnation fact sheet 03142019.xlsx Fact Sheet 23K Paseo Gateway Condemnation
Paseo Gateway Condemnation fact sheet 03142019.xlsx Fact Sheet 23K Paseo Gateway Condemnation
Paseo Gateway Condemnation fact sheet 03142019.xlsx Fact Sheet 23K Paseo Gateway Condemnation
Paseo Gateway Condemnation fact sheet 03142019.xlsx Fact Sheet 23K Paseo Gateway Condemnation
Paseo Gateway Condemnation fact sheet 03142019.xlsx Fact Sheet 23K Paseo Gateway Condemnation

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ORDINANCE NO. 190431

 

Authorizing condemnation and taking of private property interests for public use for the construction, location and maintenance of the Dr. Martin Luther King, Jr. Blvd. and Independence Blvd. Intersection “the Paseo Gateway Intersection” project, Project No. 70142204, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Department of Parks and Recreation; 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 Jackson County, Missouri.

 

WHEREAS, the Council finds that the property interests herein described must be condemned for public use for the “Paseo Gateway Intersection” project, Project No. 70142204, in Kansas City, Jackson 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. 70142204, “the Paseo Gateway Intersection”, including any necessary structures or appurtenances, all 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 the Department of Parks and Recreation, the same being on file in the Office of the Director of the Department of Parks and Recreation, and being incorporated herein by reference.

 

Section 3. That the properties obtained by condemnation, other than those taken in fee simple, 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 the Dr. Martin Luther King, Jr. Blvd. and Independence Blvd. Intersection and associated improved 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.

 

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 four (4) 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 Parks and Recreation.

 

Section 4. That said property interests are hereby authorized condemned and taken for public use and are described as follows:

 

Tract No. 2

 

Fee Simple

 

Situs Address: 1409 Independence Ave. (Tax ID 29-120-03-04-00-0-00-000)

1400 Admiral Boulevard (Tax ID 29-120-03-02-00-0-00-000)

 

Also legally described as:

 

All of LOT 32, all that part of LOT 33 lying East of Lydia Avenue; all of the North 42 feet of LOT 34 lying East of Lydia Avenue; and the North 42 feet of LOT 35, RANSON PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to recorded plat thereof.

All of the South 124 feet of North 216 feet of LOT 34 and the West 38.48 feet of the South 124 feet of the North 216 feet of LOT 35, RANSON PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

The South 50 feet of the North 92 feet of the East 67 feet of LOT 34 and the South 50 feet of the North 92 feet of LOT 35 and the East 52.42 feet of the South 124 feet of the North 216 feet of LOT 35, RANSON PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract No. 4

 

Fee Simple

 

Situs Address: 1414 Independence Ave. (Tax ID 12-730-24-04-00-0-00-000)

 

Also legally described as:

 

All of LOTS 3 and 4, BLOCK 96, TRACY’S SUBDIVION OF LOTS 96,97 AND 98 OF HURCK’S SUBDIVISION OF THE QUINOTE BLUFFS, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, all being more particularly described as follows:

 

Beginning at the Southeast corner of said Lot 4, said point being the intersection of the north right-of-way line of Independence Avenue, as now established, with the west right-of-way line of the Paseo, as now established; Thence West along said north right-of-way line and along the South line of said Lots 3 and 4, a distance of 100.00 feet to the Southwest corner of said Lot 3; Thence North along the West line of said Lot 3, a distance of 150.00 feet to the Northwest corner thereof; Thence East along the north line of said Lots 3 and 4, a distance of 100.00 feet to the Northeast corner of said Lot 4, said point being on the aforesaid west right-of-way line of the Paseo; Thence South along said west line of said Lot 4 and said west right-of-way line, a distance of 150.00 feet to the point of beginning.

 

Tract No. 5

 

Street Right-of-Way:

 

All that part of the east half of lot 4, Werner, White and Wilson’s subdivision, a subdivision in Kansas city, Jackson county, Missouri, described as follows;

Beginning at the northeast corner of said lot 4; thence South 02 degrees 10 minutes 23seconds West, along the east line of said lot 4, 16.85 feet; Thence North 57 degrees 54minutes 29 seconds West, 15.02 feet; Thence North 84 degrees 31 minutes 15 seconds West, 12.00 feet, to the west line of said east half; Thence North 02 degrees 10 minutes 23 seconds East, along said west line, 8.86 feet to the north line of said Lot 4; Thence South 87 degrees 23 minutes 08 seconds East, along said north line, 25.00 feet, to the point of beginning, containing 281 square feet or 0.006 acres more or less.

Temporary Construction Easement (4 year duration):

 

All that part of the east half of Lot 4, Werner, White and Wilson’s subdivision, a subdivision in Kansas city, Jackson county, Missouri, described as follows;

 

Commencing at the northeast corner of said Lot 4; Thence South 02 degrees 10 minutes 23 seconds West, along the east line of said Lot 4, 16.85 feet, to the point of beginning; Thence South 02 degrees 10 minutes 23 seconds West, along the east line of said Lot 4, 23.15 feet; Thence North 31 degrees 12 minutes 42 seconds West, 24.08 feet; Thence North 81 degrees 40 minutes 19 seconds West, 11.82 feet, to the west line of said east half; thence North 02 degrees 10 minutes 23seconds East, along said west line, 9.96 feet; Thence South 84 degrees 31 minutes 15seconds East, 12.00 feet; Thence South 57 degrees 54 minutes 29 seconds East, 15.02 feet, to the point of beginning, containing 345 square feet or 0.008 acres more or less.

Tract No. 6

 

Street Right-of-Way:

 

All that part of Lot 3 and the west half of Lot 4, Werner, White and Wilson’s subdivision, a subdivision in Kansas city, Jackson county, Missouri, described as follows;

Beginning at the northeast corner of said west half; Thence South 02 degrees 10 minutes 23seconds West, along the east line of said west half, 8.86 feet; Thence North 84 degrees 33 minutes 19 seconds West, 14.05 feet; Thence North 64 degrees 45 minutes 38 seconds West, 11.92 feet, to the east line of said Lot 3; Thence North 84 degrees 29 minutes 14 seconds West, 70.80 feet, to the north line of said Lot 3; Thence South 87 degrees 23 minutes 08 seconds East, along the north line of said Lots, 95.68 feet, to the point of beginning, containing 310 square feet or 0.007 acres more or less.

Temporary Construction Easement (4 year duration):

 

All that part of the west half of Lot 4, Werner, White and Wilson’s subdivision, a subdivision in Kansas City, Jackson County, Missouri, described as follows; commencing at the Northeast corner of said west half; Thence South 02 degrees 10 minutes 23 seconds West, along the east line of said west half, 8.86 feet, to the point of beginning; Thence South 02 degrees 10 minutes 23 seconds West, along said east line, 9.96 feet; Thence North 81 degrees 40 minutes 19 seconds West, 25.14 feet, to the west line of said east half; Thence North 02 degrees 10 minutes 16 seconds East, 12.74 feet; Thence South 64 degrees 45 minutes 38 seconds East, 11.92 feet; Thence South 84 degrees 33 minutes 19 seconds East, 14.05 feet, to the point of beginning, containing 255 square feet or 0.006 acres more or less.

Tract No. 7

Street Right-of-Way:

 

All that part of Lot 27 and the East 50.00 feet of Lot 28, Ranson place, a subdivision in Kansas City, Jackson County, Missouri, described as follows;

 

Beginning at the Northwest corner of said East 50.00 feet; Thence South 87 degrees 23 minutes 08 seconds East, along the north line of said lots, 88.56 feet; Thence South 02 degrees 36 minutes 52 seconds West, 10.00 feet; Thence South 88 degrees 05 minutes 20 seconds West, 88.72 feet, to the west line of said east 50.00 feet; Thence North 02 degrees 13 minutes 45 seconds easte, along said west line, 17.00 feet, to the point of beginning, containing 1195 square feet or 0.027 acres more or less.

 

Temporary Construction Easement (4 year duration):

 

All that part of Lot 27 and the East 50.00 feet of Lot 28, Ranson place, a subdivision in Kansas City, Jackson County, Missouri, described as follows;

Commencing at the Northwest corner of said East 50.00 feet; Thence South 02 degrees 13 minutes 45 seconds West, along the west line of said east 50.00 feet, 17.00 feet, to the point of beginning; Thence North 88 degrees 05 minutes 20 seconds East, 88.72 feet; Thence South 02 degrees 36 minutes 52 seconds West, 10.00 feet; Thence South 82 degrees 58 minutes 32 seconds West, 89.59 feet, to the west line of said east 50.00 feet; Thence North 02 degrees 13 minutes 45 seconds East, along said west line, 18.00 feet, to the point of beginning, containing 1238 square feet or 0.028 acres more or less.

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 Jackson 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 Parks and Recreation 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 Jackson County, Missouri.

 

__________________________________________

 

Approved as to form and legality:

 

 

 

______________________________

Matthew Cooper

Assistant City Attorney