ORDINANCE NO. 080437
Condemning and taking private
property in fee simple for the public purpose of widening and improving Bruce
Forester Viaduct Bridge (Project Number 309-089-7271-YXX-5438) from
approximately 18 feet west of the intersection of the centerline of Ninth Street
and the centerline of Liberty Street to approximately 165.91 feet west of the
intersection of the centerline of Bruce Forester Viaduct Bridge and the
centerline of Union Avenue, over Santa Fe Street and Union Pacific railroad,
and acquiring additional easements for: right of way, aerial, and for
temporary access 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 Jackson County,
Missouri.
WHEREAS, the
Council finds that street right of ways, along with aerial easements and temporary construction easements must
be condemned for the purpose of constructing and maintaining streets, and
public utilities in Kansas City, Jackson County, Missouri; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. Condemnation
of Street Right of Way, Public Aerial Easements and Temporary Construction Easements are hereby condemned and
taken for public use for the location, construction, reconstruction,
maintenance, operation and repair of right of way, public utilities, and for
temporary access for construction purposes in and upon the private lands
hereinafter described, for Project Number 309-089-7271-YXX-5438, as Bruce
Forester Viaduct, 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 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 Right of Way shall be used by Kansas City as the permanent location of
the, street and public improvements to be constructed therein including any
necessary appurtenances to it; and Kansas City or its authorized agents,
servants, employees or contractors and with
Kansas City's permission, utility companies franchised to operate in Kansas
City, Missouri, 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.
Section 4. The
Temporary Easements shall be used by Kansas City or its authorized agents,
servants, employees or contractors during the construction for Aerial
construction work, the storage of materials, the operation of equipment, and
the movement of a working force, as well as, grading and sloping, and the
removal and replacement of temporary structures (such as storage sheds, mail
boxes, etc.), fencing, trees and shrubbery, sidewalks and driveways.
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.
Section 5. There is reserved and excepted to the
Grantor, its successors and assigns, the right of ingress and egress to
surface land under the bridge structure. The Grantor(s) will not permit fire
hazards under the bridge structure. The Grantor will not permit fuel servicing
of vehicles under the bridge structure. The Grantor will not permit the
manufacture, storage, possession or use, on the surface land under the bridge
structure, of hazardous, flammable, corrosive, explosive, or other dangerous
substances, chemicals, or wastes, as those terms are defined in federal and
state laws and regulations, or the parking thereon of vehicles, trailers, or
other objects containing any quantity of such substances, chemicals or wastes
(except the fuel contained in the lawful fuel tank of a vehicle in order to
propel that vehicle.)
These rights include all areas occupied by the
viaduct of said roadway, all the space above it, all the space below it to __
feet below the lowest member of the super-structure, and all the space occupied
by drains, supports, and foundations of said viaduct and includes any right the
Grantor(s) may have to construct any structure of any kind above the aforesaid
reference on the above described Right of Way.
Section
6. Kansas City, or its authorized agents, servants, employees or
contractors and with Kansas City's
permission, utility companies franchised to operate in Kansas City, Missouri,
shall have the right to go upon the above-described easement and so much of
grantor's land adjacent thereto as may be reasonably necessary for the purpose
of constructing, maintaining and repairing the improvements and appurtenances
thereto, including the right to cut, top and trim brush and trees, if any, on
or adjacent to said easement, as may be necessary or desirable to maintain any
facilities thereon. Upon completion of such construction, maintenance or
repair, the land of the grantor shall be restored to approximately the same
condition that existed prior to the entry upon it.
By the granting of this easement, 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 easement or any
portion thereof; provided, however, said easement 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 land and easement for the purpose of
constructing, reconstructing, operating, repairing and maintaining such
improvements and appurtenances.
Grantors
further state that they are lawfully seized of any indefeasible title in fee of
the lands through which said easement is granted, and that they have good and
lawful title and right to convey said easement to the grantee aforesaid.
Section 7. The Street
Right of Ways, Aerial Easements and Temporary Construction Easements are hereby
condemned and taken for public use and hereby described as follows:
TRACT: 2
Temporary Construction Easement A
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, in Kansas City,
Jackson County, Missouri, and being more particularly described as follows:
Commencing at the Southwest (SW) corner of Lot
Twenty-five (25), Block Twenty-four (24), of An Extension of West Kansas
Addition Number 1, a Sub-division in Kansas City, Jackson County, Missouri;
thence N8745'17"W along the North Right-of-Way line of Ninth Street, a
distance of 72.31 feet to the point of beginning; thence continuing
N8745'17"W, a distance of 67.00 feet; thence N0203'54"E parallel to
the East Right of Way line of Liberty Street, a distance of 10.00 feet; thence
S8745'17"E parallel to the North Right-of-Way line of Ninth Street, a
distance of 67.00 feet; thence S0203'54"W, a distance of 10.00 feet to
the point of beginning.
The above described tract contains 0.02 acres, or
670 square feet, more or less.
also,
Temporary Construction Easement B
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being the South
10.00 feet of Lots 20, 21, 22, 23, 24, & 25, Block Twenty-four (24), of An
Extension of West Kansas Addition Number 1, a Sub-division in Kansas City,
Jackson County, Missouri, and being more particularly described as follows:
Beginning at the Southeast (SE) corner of said
Lot 20; thence N8745'17"W along the South line of said Block 24, a
distance of 159.13 feet to the Southwest (SW) corner of said Lot 25; thence
N0203'54"E along the West line of said Lot 25, a distance of 10.00
feet; thence S8745'17"E parallel to the South line of said Block 24, a
distance of 159.13 feet to the East line of said Lot 20; thence
S0203'54"W along the East line of said lot 20, a distance of 10.00 feet
to the point of beginning.
The above described tract contains 0.04 acres, or
1591 square feet, more or less.
TRACT: 4
New Right of Way (General Warranty Deed)
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being adjacent to
and a part of Lots 8 & 9, Block 31, of West Kansas Addition Number 1, a
Sub-division in Kansas City, all in Jackson County, Missouri, and being more
particularly described as follows:
Beginning at the Northeast (NE) corner of said
Lot 9; thence S0203'54"W along the East line of said Lot 9, a distance of
26.38 feet; thence on a non-tangent curve to the Left having a Radius of 365.00
feet, a Delta of 1510'23", a Long Chord of which bears N7338'38"W
and measures 96.38 feet, a distance of 96.66 feet; thence N0214'43"E, a
distance of 2.89 feet to the South Right of Way line of 9th Street;
thence S8745'17"E along the South Right of Way line of 9th
Street, a distance of 93.39 feet to the point of beginning.
The above described tract contains 0.03 acres, or
1161 square feet, more or less.
Temporary
Construction Easement
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being adjacent to
and a part of Lots 8 & 9, Block 31, of West Kansas Addition Number 1, a
Sub-division in Kansas City, all in Jackson County, Missouri, and being more
particularly described as follows:
Commencing at the Northeast (NE) corner of Lot 9,
of said Block 31, thence S0203'54"W along the East line of said Lot 9, a
distance of 26.38 feet to the point of beginning; thence on a non-tangent curve
to the Left having a Radius of 365.00 feet, a Delta of 856'32", a Long
Chord of which bears N7031'42"W and measures 56.91 feet, a distance of
56.97 feet, thence S1500'02"W, a distance of 5.00 feet; thence on a
non-tangent curve to the Right having a Radius of 360.00 feet, a Delta of
915'44", a Long Chord of which bears S7022'06"E and measures 58.13
feet, a distance of 58.20 feet to the East line of said Lot 9; thence
N0203'54"E along the East line of said Lot 9, a distance of 5.39 feet to
the point of beginning.
The above described tract contains 0.01 acres, or
288 square feet, more or less.
TRACT: 8
New Right of Way (General Warranty Deed)
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being a portion of
Lot 11 and a portion of the North South alley, all in Block 29, of West
Kansas Addition Number 1, a Sub-division in Kansas City, Jackson County,
Missouri, and being more particularly described as follows:
Commencing at the Northeast (NE) corner of said
Block 29; thence N8745'17"W along the North line of said Block 29, a
distance of 120.05 feet to the Northeast (NE) corner of said Lot 11; thence
S0200'12"W along the East line of said Lot 11, a distance of 95.15 feet
to the Northerly line of the Union Pacific Railroad Right of Way and the point
of beginning; thence S2735'06"E along said Railroad Right of Way, a distance
of 15.68 feet; thence N8750'54"W, a distance of 30.75 feet; thence
N6128'59"E, a distance of 26.70 feet to the Northerly line of said
Railroad Right of Way and the point of beginning.
The above described tract contains 0.00 acres, or
209 square feet, more or less.
Temporary
Construction Easement
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being a portion of
Lot 11 and a portion of the North South alley, all in Block 29, of West
Kansas Addition Number 1, a Sub-division in Kansas City, Jackson County,
Missouri, and being more particularly described as follows:
Commencing at the Northeast (NE) corner of said
Block 29; thence N8745'17"W along the North line of said Block 29, a
distance of 120.05 feet to the Northeast (NE) corner of said Lot 11; thence
S0200'12"W along the East line of said Lot 11, a distance of 95.15 feet
to the Northerly line of the Union Pacific Railroad Right of Way and the point
of beginning; thence S2735'06"E along said Railroad Right of Way, a
distance of 15.68 feet; thence N8750'54"W, a distance of 30.75 feet;
thence N6128'59"E, a distance of 26.70 feet to the Northerly line of said
Railroad Right of Way and the point of beginning.
The above described tract contains 0.00 acres, or
209 square feet, more or less.
TRACT: 9
Aerial
Easement
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being a portion of
Blocks 28 & 29 and a part of Santa Fe Street, all in West Kansas Addition
Number 1, a Sub-division in Kansas City, Jackson County, Missouri, and being
more particularly described as follows:
Commencing at the Northeast (NE) corner of said
Block 29; thence S0158'34"W along the East line of said Block 29, a
distance of 56.85 feet to the North Right of Way line of the Union Pacific
Railroad and the point of beginning; thence N6131'02"E along the North
Right of Way line of the Union Pacific Railroad, a distance of 35.87 feet;
thence S8750'54"E, a distance of 169.15 feet to the East line of said
Block 28; thence S0153'30"W along the East line of said Block 28, a
distance of 62.22 feet to the Southeast (SE) corner of Lot 4 of said Block 28;
thence N8743'56"W along the South line of said Lot 4, a distance of
120.16 feet to the Southwest (SW) corner of said Lot 4; thence
S6947'20"W, a distance of 21.10 feet; thence N8750'54"W, a distance
of 147.96 feet to the North Right of Way line of the Union Pacific Railroad;
thence N6131'02"E along the North Right of Way line of the Union Pacific
Railroad, a distance of 101.51 feet to the point of beginning.
The above described tract contains 0.34 acres, or
14960 square feet, more or less.
Temporary
Construction Easement
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being a portion of
Blocks 28 & 29 and a part of Santa Fe Street, all in West Kansas Addition
Number 1, a Sub-division in Kansas City, Jackson County, Missouri, and being
more particularly described as follows:
Commencing at the Northeast (NE) corner of said
Block 29; thence S0158'34"W along the East line of said Block 29, a
distance of 56.85 feet to the North Right of Way line of the Union Pacific Railroad
and the point of beginning; thence N6131'02"E along the North Right of
Way line of the Union Pacific Railroad, a distance of 35.87 feet; thence
S8750'54"E, a distance of 169.15 feet to the East line of said Block 28;
thence S0153'30"W along the East line of said Block 28, a distance of
62.22 feet to the Southeast (SE) corner of Lot 4 of said Block 28; thence
N8743'56"W along the South line of said Lot 4, a distance of 120.16 feet
to the Southwest (SW) corner of said Lot 4; thence S6947'20"W, a distance
of 21.10 feet; thence N8750'54"W, a distance of 147.96 feet to the North
Right of Way line of the Union Pacific Railroad; thence N6131'02"E along
the North Right of Way line of the Union Pacific Railroad, a distance of 101.51
feet to the point of beginning.
The above described tract contains 0.34 acres, or
14960 square feet, more or less.
Tract: 11
Aerial
Easement
A tract of land lying in the Northeast Quarter
(NE ) of Section Six (6), Township 49 North, Range 33 West, in Kansas City,
all in Jackson County, Missouri, and being more particularly described as
follows:
Commencing at the Southwest (SW) corner of the
Northeast Quarter (NE ) of Section Six (6), Township 49 North, Range 33 West;
thence N0153'30"E along the West line of said Northeast Quarter (NE ), a
distance of 1255.29 feet to the Southerly line of the Kansas City Terminal
Railroad Property as described in Document No. 2003K0093192 filed at the
Jackson County Register of Deeds on December 3,2003 and the point of beginning;
thence continuing N0153'30"E along the West line of said Northeast
Quarter (NE ), a distance of 25.86 feet; thence S8750'54"E, a distance
of 42.12 feet; thence on a tangent curve to the Left having a Radius of 340.00
feet, a Delta of 0016'49", a Long Chord of which bears S8759'19"E
and measures 1.66 feet, a distance of 1.66 feet to the Southerly line of the
said Kansas City Terminal Railroad Property; thence S6131'02"W along the
said Southerly line of the Kansas City Terminal Railroad property, a distance
of 50.75 feet to the point of beginning.
The above described tract contains 0.01 acres, or
566 square feet, more or less.
Temporary Construction
Easement
A tract of land lying in the Northeast Quarter
(NE ) of Section Six (6), Township 49 North, Range 33 West, in Kansas City,
all in Jackson County, Missouri, and being more particularly described as
follows:
Commencing at the Southwest (SW) corner of the
Northeast Quarter (NE ) of Section Six (6), Township 49 North, Range 33 West;
thence N0153'30"E along the West line of said Northeast Quarter (NE ), a
distance of 1281.15 feet to the point of beginning; thence continuing
N0153'30"E along the West line of said Northeast Quarter (NE ), a
distance of 10.00 feet; thence S8750'54"E, a distance of 42.17 feet;
thence on a tangent curve the Left having a Radius of 330.00 feet, a Delta of
0323'26", a Long Chord of which bears S8932'37"E and measures 19.53
feet, a distance of 19.53 feet to the Southerly line of the Kansas City
Terminal Railroad Property as described in Document No. 2003K0093192 filed at
the Jackson County Register of Deeds on December 3, 2003; thence S6131'02"W
along the said Southerly line of the Kansas City Terminal Railroad property, a
distance of 20.75, thence on a non-tangent curve the Left having a Radius of
340.00 feet, a Delta of 0016'49", a Long Chord of which bears
N8759'19"W and measures 1.66 feet, a distance of 1.66 feet; thence
N8750'54"W, a distance of 42.12 feet to the point of beginning.
The above described tract contains 0.01 acres, or
526 square feet, more or less.
TRACT: 12
New Right of Way (General Warranty Deed)
A
tract of land lying in the Northeast Quarter (NE ) of Section Six (6),
Township 49 North, Range 33 West, in Kansas City, all in Jackson County,
Missouri, and being more particularly described as follows:
Commencing
at the Southwest (SW) corner of the Northeast Quarter (NE ) of Section Six
(6); thence N0153'30"E along the West line of said Northeast Quarter (NE
), a distance of 1255.29 feet to the point of beginning; thence continuing
N0153'30"E along the West line of said Northeast Quarter (NE ), a
distance of 86.59 feet to the Southerly line of the Kansas City Terminal
Railroad Property as described in Document No. 2003K0093192 filed at the
Jackson County Register of Deeds on December 3, 2003; thence N6131'02"E along the said Southerly line of the Kansas City Terminal Railroad Property, a
distance of 50.75 feet; thence on a non-tangent curve to the Left having a
Radius of 340.00 feet, a Delta of 2947'37", a Long Chord of which bears
N7658'29"E and measures 174.81 feet, a distance of 176.80 feet; thence
N6204'40"E, a distance of 231.79 feet; thence S2755'20"E, a
distance of 0.39 feet to North Right of Way line of St. Louis Avenue as
established by document No. 2002K0032811filed on May 29, 2002 at the Jackson County Register of Deeds; thence S5141'25"W along said North Right of Way
line, a distance of 175.60 feet; thence S2809'51"E along said North Right
of Way line, a distance of 10.64 feet; thence S6211'56"W along said North
Right of Way line, a distance of 259.48 feet; thence S4229'53"W along
said North Right of Way line, a distance of 54.93 feet; thence
N4730'07"W, a distance of 31.70 feet to the point of beginning.
The above described tract contains 0.50 acres, or 21975 square feet, more or
less.
Aerial
Easement
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being a part of
Lot 5, Block 28, of West Kansas Addition Number 1, a Sub-division in Kansas
City, all in Jackson County, Missouri, and being more particularly described as
follows:
Beginning at the Northwest (NW) corner of Lot 5,
of said Block 28; thence S8743'56"E along the North line of said Lot 5, a
distance of 120.16 feet to the Northeast corner of said Lot 5; thence
S0153'30"W along the East line of said Lot 5, a distance of 7.78 feet;
thence N8750'54"W, a distance of 120.17 feet to the West line of said Lot
5; thence N0158'34"E along the West line of said Lot 5, a distance of
8.03 feet to the point of beginning.
The above described tract contains 0.02 acres or
950 square feet, more or less.
Temporary Construction Easement A
A tract of land lying in the Northwest Quarter
(NW ) of Section Six (6), Township 49 North, Range 33 West, being a part of
Lot 5, Block 28, of West Kansas Addition Number 1, a Sub-division in Kansas
City, all in Jackson County, Missouri, and being more particularly described as
follows:
Beginning at the Northwest (NW) corner of Lot 5,
of said Block 28; thence S8743'56"E along the North line of said Lot 5, a
distance of 120.16 feet to the Northeast corner of said Lot 5; thence
S0153'30"W along the East line of said Lot 5, a distance of 7.78 feet;
thence N8750'54"W, a distance of 120.17 feet to the West line of said Lot
5; thence N0158'34"E along the West line of said Lot 5, a distance of
8.03 feet to the point of beginning.
The above described tract contains 0.02 acres or
950 square feet, more or less.
and
Temporary Construction Easement B
A tract of land lying in the North Half (N ) of
Section Six (6), Township 49 North, Range 33 West, being a part of, Block 28,
of West Kansas Addition Number 1, a Sub-division in Kansas City, all in Jackson
County, Missouri, and being more particularly described as follows:
Commencing at the Northwest (NW) corner of Lot 5,
of said Block 28; thence S0158'34"W along the West line of said Block 28,
a distance of 8.03 feet to the point of beginning; thence S8750'54"E, a
distance of 120.17 feet to the East line of said Block 28; thence
S0153'30"W along the East line of said Block 28, a distance of 42.45 feet
to the Southwest (SW) corner of Lot 6 of said Block 28; thence
S4730'07"E, a distance of 31.70 feet to the North Right of Way line of
St. Louis Avenue as established by Ordinance No. 63077, filed as document No.
K-896399 in Book K-1957 at Page 262 on September 28, 1989; thence S4229'53"W along the said North Right of Way line of St. Louis Avenue, a distance of
107.48 feet to a deflection point in the said North Right of Way line; thence
N8741'55"W along the said North Right of Way line of St. Louis Avenue, a
distance of 74.50 feet to the East Right of Way line of Santa Fe Street; thence
N0158"34"E along the East line of Santa Fe Street, a distance of
144.69 feet to the point of beginning.
The above described tract contains 0.39 acres or
16,773 square feet, more or less.
and
Temporary Construction Easement C
A tract of land lying in the Northeast Quarter
(NE ) of Section Six (6), Township 49 North, Range 33 West, in Kansas City,
all in Jackson County, Missouri, and being more particularly described as
follows:
Commencing at the Southwest (SW) corner of the
Northeast Quarter (NE ) of said Section Six (6); thence N0153'30"E
along the West line of said Northeast Quarter (NE ), a distance of 1255.29
feet; thence N6131'02"E, a distance of 50.75 feet to the point of beginning;
thence continuing N6131'02"E, a distance of 20.75 feet; thence on a
non-tangent curve the Left having a Radius of 330.00 feet, a Delta of
2640'59", a Long Chord of which bears N7525'10"E and measures
152.30 feet, a distance of 153.68 feet; thence N6204'40"E, a distance of
706.94 feet; thence S3643'26"E, a distance of 41.08 feet to the North
Right of Way line of St. Louis Avenue as established by document No
2002K0032811filed on May 29, 2002 at the Jackson County Register of Deeds;
thence N8336'16"W along said North Right of Way line, a distance of 56.83
feet; thence S6150'09"W along said North Right of Way line, a distance of
434.50 feet; thence N2755'20"W, a distance of 0.39 feet; thence
S6204'40"W, a distance of 231.79 feet ; thence on a curve to the right
having a Radius of 340.00 feet, a Delta of 2947'37", a Long Chord of
which bears S7658'29"W and measures 174.81 feet, a distance of 176.80
feet to the point of beginning.
The above described tract contains 0.21 acres, or
9,116 square feet, more or less.
TRACT: 13
Temporary Construction
Easement
A tract of land lying in the Northeast Quarter
(NE ) of Section Six (6), Township 49 North, Range 33 West, being the North
15.00 feet of Lots 4 & 5 , D. M. Jerboas Subdivision of a part of Coats and
Hopkins 2nd Addition, a Sub-division in Kansas City, Jackson County,
Missouri, and being more particularly described as follows:
Beginning at the Northeast (NE) corner of said
Lot 4; thence S3649'26"E along the East line of said Lot 4, a distance of
15.26 feet; thence S4229'53"W, a distance of 44.52 feet to the West line
of said Lot 5; thence N3649'26"W along the West line of said Lot 5, a
distance of 15.26 feet to the Northwest corner of said Lot 5; thence
N4229'53"E along the North line of said Lots 4 & 5, a distance of
44.52 feet to the point of beginning.
The above described tract contains 0.02 acres, or
668 square feet, more or less.
Tract: 14
Temporary Construction
Easement
A tract of land lying in the Northeast Quarter
(NE ) of Section Six (6), Township 49 North, Range 33 West, being the North
15.00 feet of Lots 2 & 3, D. M. Jerboas Subdivision of a part of Coats and
Hopkins 2nd Addition, a Sub-division in Kansas City, Jackson County,
Missouri, and being more particularly described as follows:
Beginning at the Northeast (NE) corner of said
Lot 2; thence S3251'20"E along the East line of said Lot 2, a distance of
15.50 feet; thence S4229'53"W, a distance of 46.87 feet to the West line
of said Lot 3; thence N3649'26"W along the West line of said Lot 3, a
distance of 15.26 feet to the Northwest corner of said Lot 3; thence
N4229'53"E along the North line of said Lots 2 & 3, a distance of
47.96 feet to the point of beginning.
The above described tract contains 0.02 acres, or
711 square feet, more or less.
Tract: 15
Temporary Construction
Easement
A tract of land lying in the Northeast Quarter
(NE ) of Section Six (6), Township 49 North, Range 33 West, in Kansas City,
Jackson County, Missouri, and being more particularly described as follows:
Commencing at the Southeast (SE) corner of the
said Northeast Quarter (NE ); thence N0153'30"E along the West line of
said Northeast Quarter (NE ), a distance of 679.66 feet to the South Right of
Way line of Union Avenue; thence N5005'30"E along the South Right of Way
line of Union Avenue, a distance of 208.05 feet to the point of beginning;
thence continuing N5005'30"E along the South Right of Way line of Union
Avenue, a distance of 362.66 feet; thence S4015'01"E, a distance of 15.00
feet; thence S5005'30"W parallel to the South Right of Way line of Union
Avenue, a distance of 362.87 feet; thence N3926'87"W, a distance of 15.00
feet to the point of beginning.
The above described tract contains 0.12 acres, or
5441 square feet, more or less.
Section 8. That
just compensation for the property taken or damaged 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 for such purposes.
Section 9. 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 10. That
in widening said street certain public Aerial corporation easements may be
included within the boundaries of the lands acquired for permanent easements
described herein, and in that regard Kansas City reserves unto such public Aerial
corporations the right to keep and maintain such physical improvements as are
presently located within such easements in conformance with the street
improvement to be made by the City. Where no such physical improvements are
presently located within such easements, said corporations shall have the right
to locate, construct and maintain their respective improvements, subject,
however, to the rights acquired herein by the City to construct and maintain
the street improvements within the limits of the said lands acquired for
permanent easements described herein, and in conformance with the
re-established grade of the street improvements.
Section 11. That
the Street Right of Ways, Public Aerial Easements and Temporary Construction
Easements in the above described tracts be condemned and conveyed to Kansas
City, Missouri.
Section 12. 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, Jackson County, Missouri.
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Approved
as to form and legality:
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Theodore T.
Anderson
Assistant City Attorney