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Legislation #: 100979 Introduction Date: 11/18/2010
Type: Ordinance Effective Date: 12/19/2010
Sponsor: None
Title: Condemning and taking private property interests for public use; for the construction, location and maintenance of N.E. Chouteau Trafficway from Missouri Highway Route 210 to I-35; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Project Office; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Clay County, Missouri.

Legislation History
DateMinutesDescription
11/17/2010 Filed by the Clerk's office
11/18/2010 Referred to Planning and Zoning Committee
12/8/2010 Advance and Do Pass, Debate
12/9/2010 Passed

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ORDINANCE NO. 100979

 

Condemning and taking private property interests for public use; for the construction, location and maintenance of N.E. Chouteau Trafficway from Missouri Highway Route 210 to I-35; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Project Office; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Clay County, Missouri.

WHEREAS, the Council finds that private property interests must be condemned for the purpose of locating, relocating, constructing and maintaining streets, sewers, and necessary appurtenances, along with grading, sloping, and cutbacks in Kansas City, Clay County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Property interests are hereby authorized condemned and taken for public use in and upon the private lands hereinafter described, for Project Number 70400001, generally described as a public road.

Section 2. Said public use and improvements shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications for Project Number 70400001, the same being on file in the Capital Projects Office and being incorporated herein by reference.

Section 3. That the areas herein called Street Right-of-Way shall be used by Kansas City as the permanent location of the street, storm drainage, and grading 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 for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 4. That the Temporary Easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during the construction for utility 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, excluding necessary grade and slope improvements; said temporary easements shall terminate upon completion and acceptance of the improvements by the City of Kansas City or for a period of five years after acquisition, whichever is the first to occur.

Section 5. That the Street Right-of-Way and Temporary Construction Easements are hereby authorized condemned and taken for public use and hereby described as follows:

Tract 6 – Temporary construction easement-five year duration

 

A parcel of land being a part of Lot 3, “Chouteau Industrial Park Resurvey” a subdivision of land situated in the Southeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 Northeast corner of said Lot 3, said point being on the West right-of-way line of North Chouteau Trafficway, as now established, and on a non-tangent curve concave to the Southeast having a radius of 1,995.86 feet; thence Southerly 355.12 feet (Plat) 354.22 feet (measured), along said West right-of-way line and curve to the left having a chord bearing South 17 degrees 15 minutes 49 seconds West, 353.75 feet, to the Southeast corner of said Lot 3; thence North 76 degrees 48 minutes 37 seconds West, 15.00 feet, along the South line of said Lot 3, to a point on a non-tangent curve concave to the Southeast having a radius of 2,010.86 feet; thence Northerly 326.75 feet, along said curve to the right having a chord bearing North 16 degrees 50 minutes 31 seconds East, 326.39 feet, to a point on a non-tangent curve concave to the South having a radius of 209.78 feet; thence Westerly 43.78 feet along said curve to the left having a chord bearing North 73 degrees 45 minutes 58 seconds West, 43.70 feet; thence North 76 degrees 59 minutes 15 seconds West, 34.33 feet; thence North 88 degrees 59 minutes 51 seconds West 52.79 feet; thence North 01 degrees 05 minutes 39 seconds East, 30.00 feet to a point on the South right-of-way line of N.E. 33rd Terrace, as now established; thence South 88 degrees 59 minutes 51 seconds East, 55.89 feet, along said South right-of-way line; thence South 76 degrees 59 minutes 15 seconds East, 36.23 feet (plat) 36.78 feet (measured), along said South right-of-way line, to the beginning of a curve concave to the South having a radius of 239.78 feet; thence Easterly 52.33 feet along said South right-of-way line and curve to the right having a chord bearing of South 73 degrees18 minutes 53 seconds East, 52.23 feet; thence South 67 degrees 03 minutes 45 seconds East, 11.73 feet (plat) 11.82 (measured), along said South right-of-way line, to the point of beginning of the parcel herein described, containing 9,422 square feet or 0.2163 acres, more or less.

 

Tract 7 – Street Right of way

 

A parcel of land being a part of Lot 2, “Chouteau Industrial Park Resurvey” a subdivision of land situated in the Southeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 Southeast corner of said Lot 2, said point being on the West right-of-way line of North Chouteau Trafficway and the North right-of-way line of N.E. 33rd Terrace as now established; thence North 67 degrees 03 minutes 45 seconds West, 12.92 feet, along said North right-of-way line, to the beginning of a curve concave to the South having a radius of 299.78 feet; thence Westerly 12.30 feet, along said North right-of-way line and curve to the left having a chord bearing North 68 degrees 31 minutes 05 seconds West, 12.30 feet, to a point on a non-tangent curve concave to the Southeast having a radius of 12,843.39 feet; thence Northeasterly 38.79 feet along said curve to the right having a chord bearing North 22 degrees 58 minutes 25 seconds East, 38.79 feet; thence North 23 degrees 01 minutes 13 seconds East, 616.72 feet to a point on the West right-of-way line of North Cleveland Avenue, as now established; thence South 01 degrees 27 minutes 32 seconds West, 97.96 feet, along said West right-of-way line, to a point on the West right-of-way line of North Chouteau Trafficway as now established; thence South 23 degrees 01 minutes 13 seconds West, 167.57 feet (plat) 166.05 feet (measured), along said West right-of-way line; thence North 66 degrees 58 minutes 47 seconds West, 11.00 feet, along said West right-of-way line; thence South 23 degrees 01 minutes 13 seconds West, 359.59 feet, along said West right-of-way line; thence South 22 degrees 39 minutes 15 seconds West, 38.43 feet, along said West right-of-way line; to the point of beginning of the parcel herein described, containing 17,574 square feet or 0.4034 acres, more or less.

 

Tract 7 – Temporary construction easement-five year duration

 

A parcel of land being a part of Lot 2, “Chouteau Industrial Park Resurvey” a subdivision of land situated in the Southeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 2, said point being on the North right-of-way line of N.E. 33rd Terrace as now established; thence North 01 degrees 05 minutes 26 seconds East, 15.01 feet, along the West line of said Lot 2; thence North 88 degrees 44 minutes 52 seconds East, 45.32 feet to the beginning of a curve concave to the South having a radius of 314.78 feet; thence Easterly 47.97 feet, along said curve to the right having a chord bearing South 75 degrees 45 minutes 30 seconds East, 47.93 feet, to the beginning of a non-tangent curve concave to the East having a radius of 12,853.39 feet; thence Northeasterly 12.24 feet along said curve to the right having a chord bearing North 22 degrees 59 minutes 14 seconds East, 12.24 feet; thence South 67 degrees 03 minutes 45 seconds East, 10.00 feet to a point on a non-tangent curve concave to the East having a radius of 12,843.39 feet; thence Southerly 26.66 feet, along said curve to the left, to a point on said North right-of-way line of N.E. 33rd Terrace said point being on a non-tangent curve concave to the South having a radius of 299.78 feet; thence Westerly 53.13 feet along said North right-of-way line and curve to the left having a chord bearing North 74 degrees 46 minutes 15 seconds West, 53.06 feet; thence South 88 degrees 44 minutes 52 seconds West, 44.45 feet, along said North right-of-way line, to the point of beginning of the parcel herein described, containing 1,626 square feet or 0.0373 acres, more or less.

 

Tract 8 – Temporary construction easement-five year duration

 

A parcel of land being a part of Lot 1, “Chouteau Industrial Park Resurvey” a subdivision of land situated in the Southeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 Southeast corner of said Lot 1, said point being on the North right-of-way line of N.E. 33rd Terrace as now established; thence North 88 degrees 59 minutes 51 seconds West, 55.81 feet, along said North right-of-way line and the South line of said Lot 1; thence North 01 degrees 05 minutes 39 seconds East, 15.00 feet; thence South 88 degrees 59 minutes 51 seconds East, 55.49 feet; thence North 88 degrees 44 minutes 52 seconds East, 0.32 feet to a point on the East line of said Lot 1; thence South 01 degrees 05 minutes 26 seconds West, 15.01 feet; to the point of beginning of the parcel herein described, containing 837 square feet or 0.0192 acres, more or less.

 

Tract 15 – Street Right of way

 

A parcel of land being a part of Lot 19, “North Kansas City Heights” a subdivision of land situated in the Southeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 19; thence South 89 degrees 32 minutes 53 seconds East 230.28 feet, along the North line of said Lot 19, to the “true point of beginning”; thence South 89 degrees 32 minutes 53 seconds East, 54.15 feet to a point on the West right-of-way line of North Chouteau Trafficway, as now established; thence South 23 degrees 01 minutes 13 seconds West, 132.54 feet, along said West right-of-way line, to a point on the South line of said Lot 19; thence North 89 degrees 31 minutes 25 seconds West, 54.14 feet along said South line; thence North 23 degrees 01 minutes 13 seconds East, 132.51 feet to the “true point of beginning” of the parcel herein described, containing 6,626 square feet or 0.1521 acres, more or less.

 

Tract 16 – Street Right of way

 

A parcel of land being a part of Lots 2, 20 and 21, “North Kansas City Heights” a subdivision of land situated in the Southeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, together with a part of vacated North Chestnut Avenue, 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 Southwest corner of said Lot 20; thence South 89 degrees 32 minutes 53 seconds East, 234.90 feet, along the South line of said Lot 20, to the “true point of beginning”; thence North 22 degrees 37 minutes 45 seconds East, 211.18 feet to a point on the North line of said Lot 21 extended Easterly into vacated North Chestnut Avenue; thence South 89 degrees 32 minutes 53 seconds East, 57.00 feet, along said North line and the North line of Lot 2 extended Westerly into vacated North Chestnut Avenue, to a point on the West right-of-way line of North Chouteau Trafficway, as now established; said point being on a non-tangent curve concave to the Northwest having a radius of 2,789.93 feet; thence Southerly 4.70 feet, along said West right-of-way line and curve to the right having a chord bearing South 22 degrees 58 minutes 19 seconds West, 4.70 feet; thence South 23 degrees 01 minutes 13 seconds West, 207.07 feet, along said West right-of-way line, to a point on the South line of said Lot 20; thence North 89 degrees 32 minutes 53 seconds West, 55.44 feet, along said South line, to the “true point of beginning” of the parcel herein described, containing 10,995 square feet or 0.2524 acres, more or less.

 

Tract 17 – Temporary construction easement-five year duration

 

A parcel of land being a part of Lot 1 “North Kansas City Heights” a subdivision of land situated in the Southeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 Lot 22 said “North Kansas City Heights”; thence South 89 degrees 32 minutes 53 seconds East 367.45 feet, along the North line of the Southeast Quarter of said Section 7 also being the North line of said Lot 22 and said Lot 1, to the “true point of beginning”; thence South 89 degrees 32 minutes 53 seconds East 37.45 feet, along said North line, to a point on the West right-of-way line of North Chouteau Trafficway, as now established, said point being on a non-tangent curve concave to the Northwest having a radius of 2,789.93 feet; thence Southwesterly 54.30 feet, along said West right-of-way line and said curve to the right, having a chord bearing South 21 degrees 19 minutes 28 seconds West, 54.30 feet; thence North 89 degrees 32 minutes 53 seconds West, 6.32 feet; thence North 22 degrees 37 minutes 45 seconds East, 21.60 feet; thence North 89 degrees 32 minutes 53 seconds West, 31.58 feet to a point on a non-tangent curve concave to the Northwest having a radius of 2,770.69 feet; thence Northeasterly 32.86 feet, along said curve to the left having a chord bearing North 21 degrees 11 minutes 52 seconds East, 32.86 feet, to the “true point of beginning” of the parcel herein described, containing 1,275 square feet or 0.0293 acres, more or less.

 

Tract 51 – Temporary construction easement-five year duration

 

A parcel of land being a part of Lots17 and 18, Block 9, “Winnwood Beach” a subdivision of land situated in the Southeast Quarter of Section 6, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 17, said point being on the East right-of-way line of North Winn Road and the North right-of-way line of N.E. Sunnybrook Lane, as now established; thence North 00°38’27” East 60.00 feet along said East right-of-way line; thence South 89°16’09” East 10.00 feet; thence South 00°38’27” West 50.00 feet; thence South 89°16’09” East 38.26 feet; thence South 02°51’27” West 10.01 feet to a point on said North right-of-way line; thence South 89°16’09” West 47.87 feet, along said North right-of-way line, to the “point of beginning” of the parcel herein described, containing 981 square feet or 0.0225 acres, more or less.

 

Tract 61- Street Right of way

 

A parcel of land being a part of Lot 2, Block 10, “Winnwood Beach” a subdivision of land situated in the Southeast Quarter of Section 6, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 2; thence North 00 degrees 38 minutes 27 seconds East 23.89 feet, along the West line of said Lot 2, to a point on a non-tangent curve concave to the Southwest having a radius of 2,530.00 feet; thence Southeasterly 25.68 feet, along said curve to the right, having a chord bearing South 20 degrees 47 minutes 29 seconds East, 25.68 feet, to a point on the South line of said Lot 2; thence North 89 degrees 16 minutes 09 seconds West, 9.38, along said South line, to the “point of beginning” of the parcel herein described, containing 113 square feet or 0.0026 acres, more or less.

 

Tract 61- Temporary Construction Easement-five year duration

 

A parcel of land being a part of Lot 2, Block 10, “Winnwood Beach” a subdivision of land situated in the Southeast Quarter of Section 6, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 Southwest corner of said Lot 2; thence South 89 degrees 16 minutes 09 seconds East, 9.38 feet, along the South line of said Lot 2, to a point on a non-tangent curve concave to the Southwest having a radius of 2,530.00 feet, said point also being the “true point of beginning”; thence Northwesterly 25.68 feet, along said curve to the left, having a chord bearing North 20 degrees 47 minutes 29 seconds West 25.68 feet, to a point on the West line of said Lot 2; thence North 00 degrees 38 minutes 27 seconds East, 26.11 feet, along said West line, to the Northwest corner of said Lot 2; thence South 89 degrees 16 minutes 09 seconds East, 11.05 feet, along the North line of said Lot 2, to a point on a non-tangent curve concave to the Southwest having a radius of 2,550.00 feet; thence Southeasterly 53.80 feet, along said curve to the right, having a chord bearing South 20 degrees 55 minutes 50 seconds East, 53.80 feet, to a point on the South line of said Lot 2; thence North 89 degrees 16 minutes 09 seconds West, 21.44, along said South line, to the “true point of beginning” of the parcel herein described, containing 939 square feet or 0.0216 acres, more or less.

 

Tract 66- Temporary Construction Easement-five year duration

 

A tract of land situated in the Northeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay 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 Southeast corner of the Northeast Quarter of said Section 7; thence North 00 degrees 56 minutes 42 seconds East, 1,115.46 feet, along the East line of the Northeast Quarter of said Section 7; thence North 89 degrees 03 minutes 18 seconds West, 335.05 feet to a point on the South right-of-way line of N. E. Parvin Road, as now established by Ordinance No. C-25618 recorded in Book 996 at Page 398, said point being the “true point of beginning”; thence South 75 degrees 56 minutes 31 seconds East, 315.00 feet (deed) 315.20 feet (measured) along said South right-of-way line; thence South 14 degrees 03 minutes 29 seconds West, 35.00 feet; thence North 75 degrees 56 minutes 31 seconds West, 144.72 feet; thence South 14 degrees 03 minutes 29 seconds West, 15.00 feet; thence North 75 degrees 56 minutes 31 seconds West, 140.03 feet to a point on a non-tangent curve concave to the West having a radius of 5,880.00 feet; thence Southerly 82.95 feet along said curve to the right having a chord bearing South 09 degrees 59 minutes 52 seconds West, 82.94 feet; thence North 11 degrees 20 minutes 03 seconds West, 84.71 feet; thence North 14 degrees 03 minutes 29 seconds East, 56.21 feet to the “true point of beginning” of the tract herein described, containing 14,970 square feet or 0.3437 acres, more or less.

 

Tract 67 – Street Right of Way

 

A tract of land situated in the Northeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay 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 Southeast corner of the Northeast Quarter of said Section 7; thence North 00 degrees 56 minutes 42 seconds East, 1320.87 feet, along the East line of the Northeast Quarter of said Section 7, to the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 7; thence North 89 degrees 20 minutes 12 seconds West, 729.25 feet, along the North line of the Southeast Quarter of the Northeast Quarter, to the “true point of beginning”; thence South 05 degrees 45 minutes 43 seconds West, 22.37 feet, to a point on the North right-of-way line of N.E. Parvin Road, as now established by Ordinance No. C-25618 recorded in Book 996 at Page 398; thence North 75 degrees 56 minutes 31 seconds West, 152.92 feet along said North right-of-way line; thence North 14 degrees 03 minutes 29 seconds East, 30.00 feet; thence South 75 degrees 56 minutes 31 seconds East, 148.55 feet; thence South 05 degrees 45 minutes 43 seconds West, 7.95 feet to the “true point of beginning” of the tract herein described, containing 4,522 square feet or 0.1038 acres, more or less.


Tract 67 – Temporary Construction Easement-five year duration

 

A tract of land situated in the Northeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay 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 Southeast corner of the Northeast Quarter of said Section 17; thence North 00 degrees 56 minutes 42 seconds East 1320.87 feet, along the East line of the Northeast Quarter of said Section 7, to the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 7; thence North 89 degrees 20 minutes 12 seconds West, 729.25 feet along the North line of the Southeast Quarter of the Northeast Quarter; thence North 05 degrees 45 minutes 43 seconds East, 7.95 feet to the “true point of beginning”; thence North 75 degrees 56 minutes 31 seconds, West 148.55 feet; thence South 14 degrees 03 minutes 19 seconds West, 30.00 feet to a point on the North right-of-way line of N.E. Parvin Road, as now established by Ordinance No. C-25618 recorded in Book 996 at Page 398; thence North 75 degrees 56 minutes 31 seconds West, 30.26 feet along said North right-of-way line; thence South 14 degrees 01 minutes 36 seconds West, 5.00 feet along said North right-of-way line; thence North 75 degrees 56 minutes 31 seconds West, 30.95 feet along said North right-of-way line; thence North 14 degrees 03 minutes 29 seconds East, 85.04 feet; thence South 75 degrees 56 minutes 31 seconds East, 76.20 feet; thence South 14 degrees 03 minutes 29 seconds West, 10.00 feet; thence South 75 degrees 56 minutes 31 seconds East, 15.16 feet; thence South 14 degrees 03 minutes 29 seconds West, 10.00 feet; thence South 75 degrees 56 minutes 31 seconds East, 60.05 feet; thence South 14 degrees 03 minutes 29 seconds West, 15.00 feet; thence South 75 degrees 56 minutes 31 seconds East, 56.15 feet; thence South 05 degrees 45 minutes 43 seconds West, 15.20 feet to the “true point of beginning” of the tract herein described, containing 9,076 square feet or 0.2084 acres, more or less.

 

Tract 68 – Temporary construction easement-five year duration

 

A tract of land situated in the Northeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay 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 Southeast corner of the Northeast Quarter of said Section 7; thence North 00 degrees 56 minutes 42 seconds East, 1295.87 feet, along the East line of the Northeast Quarter of said Section 7, to a point on the South right-of-way line of N. E. 38th Street, as now established in right-of-way Document No. 48934 recorded in Book 1302 at page 267; thence North 89 degrees 20 minutes 12 seconds West, 128.03 feet (deed) 127.86 feet (measured), along said South right-of-way line; thence South 00 degrees 56 minutes 42 seconds West, 120.24 feet to the “true point of beginning”; thence South 75 degrees 56 minutes 31 seconds East, 136.09 feet; thence South 49 degrees 16 minutes 12 seconds West, 18.36 feet to a point on the North right-of-way line of N.E. Parvin Road, as now established by Ordinance No. C-25618 recorded in Book 996 at Page 398; thence North 75 degrees 56 minutes 31 seconds West, 122.01 feet along said North right-of-way line; thence North 00 degrees 56 minutes 42 seconds East, 15.40 feet to the “true point of beginning” of the tract herein described, containing 1,936 square feet or 0.0444 acres, more or less.

 

Tract 69 – Temporary Construction Easement-five year duration

 

A parcel of land being a part of Lot 1, Block 3, “Coomber Terrace” a subdivision of land situated in the Northeast Quarter of Section 7, Township 50 North, Range 32 West of the Fifth Principal Meridian in the City of Kansas City, Clay County, Missouri, according to the recorded plat thereof, 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 1; thence South 89 degrees 21 minutes 09 seconds East, 15.00 feet, along the North line of said Lot 1; thence South 00 degrees 53 minutes 51 seconds West, 15.00 feet; thence North 89 degrees 21 minutes 09 seconds West, 15.00 feet to a point on the West line of said Lot 1; thence North 00 degrees 53 minutes 51 seconds East, 15.00, along said West line, to the “point of beginning” of the parcel herein described, containing 225 square feet or 0.0052 acres, more or less.

Section 6. 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 7. That pending the acquisition of said lands by condemnation, the City Manager 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 8. That said tracts and interests be condemned and conveyed to Kansas City, Missouri.

Section 9. 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, Clay County, Missouri.

Approved as to form and legality:

 

 

_______________________________

Theodore T. Anderson

Assistant City Attorney