ORDINANCE NO. 160730
Authorizing the condemnation and
taking of private properties in fee simple for public use for Street
Improvement Project No. 89008160 Northwood Road: Street and Sewer Improvements,
in the vicinity of Northwood Road, from NW 52nd Street to NW 59th Terrace, in Kansas City, Platte County, Missouri; providing
for the payment of just compensation therefore; authorizing continued
negotiations and purchase by the Director of the Public Works Department;
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 Platte County.
WHEREAS, the
Council finds that the fee interest in private properties must be condemned for
public use for the Northwood Road: Street and Sewer Improvements project in
Kansas City, Platte County, Missouri; NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY, MISSOURI:
Section 1.
That the fee interest in private properties is hereby authorized condemned and
taken for public use in and upon the land hereinafter described for Project No.
89008160 Northwood Road: Street and Sewer Improvements, including any necessary
structures or appurtenances, in Kansas City, Platte 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 Public Works Department, the same being on
file in the Office of the Director of the Public Works Department, 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 in fee and used by the City of Kansas City, Missouri as the location of Northwood
Road and associated improved intersections to be constructed therein including
any necessary appurtenances to it; and the City of Kansas City or its
authorized agents, shall have the right to enter in or authorize the entry in
and upon said right of way for the purpose of constructing, reconstructing,
maintaining, operating and repairing said improvements.
Permanent
Storm Drainage Easement
The permanent
storm drainage easements shall be used by the City of Kansas City, Missouri or its authorized agents,
servants, employees or independent contractors to construct storm drainage
facilities for the purpose of managing
storm water runoff, and shall include the right to go upon said easement to
build, construct, keep, maintain, repair and improve said drainage facilities
as may be necessary.
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.
Permanent
Water Main Easement
The permanent
water main easements shall be used by the City of Kansas City, Missouri or its authorized agents,
servants, employees or independent contractors for the location, construction, reconstruction, maintenance, operation and
repair of water main improvements and any and all appurtenances incidental
thereto in, under, upon, over, across, and through said easements.
By the
establishment of said easement, it shall not be construed to prohibit the
development of 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 additional depth of overburden, (no change in
the earth cover over the water line will be made without the written approval
of the Director of Water Services) buildings, and any other structure or
obstruction (except sidewalks, roadways pavement, grass, shrubs, fences, or
curbs), which will interfere with the City or it authorized agents in entering
upon said adjacent land and easement for the purpose of laying, constructing,
reconstructing, operating, repairing, improving, and maintaining said water
main improvements and appurtenances.
The City or it authorized agents shall cause the surface of lands lying within
this easement to be restored to substantially the same physical condition that
existed at the time Kansas City or its agents entered upon them, subject to the
aforementioned conditions, and with the exception of any appurtenances to said
water main improvements and appurtenances that may need to be upon said
surface.
Temporary
Construction Easements
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 Kansas City or its agents entered upon them.
Temporary construction easements shall
terminate three (3) years from the date said easement is acquired and recorded
by the Recorder of Deeds in Platte County, or upon completion and acceptance of
the improvements by the Director of Public Works, whichever occurs first.
Section 4.
That the private properties are hereby authorized condemned and taken for
public use and hereby described as follows:
TRACT #14
Street Right
of Way
Part of NORTHWOOD
HILLS THIRD PLAT, a subdivision in Kansas City, Platte County, Missouri, more
particularly described as follows:
Beginning at the
Northeast corner of said NORTHWOOD HILLS THIRD PLAT, said point being on the
West right-of-way line of Northwood Road, as now established; thence S 0
degrees 31 minutes 01 seconds W, along the said West right-of-way line, a
distance of 210.93 feet, to a point of curvature; thence Southwesterly along
the said West right-of-way line being a curve to the right, having a radius of
15.00 feet, a central angle of 90 degrees 14 minutes 57 seconds, an arc
distance of 23.63 feet, to a point on the North right-of-way line of NW 56th
Street, as now established; thence N 89 degrees 14 minutes 02 seconds W, along
the said North right-of-way line, a distance of 18.29 feet; thence N 46 degrees
25 minutes 16 seconds E, a distance of 14.39 feet; thence N 16 degrees 33
minutes 48 seconds E, a distance of 68.14 feet; thence N 4 degrees 42 minutes
58 seconds E, a distance of 43.51 feet; thence N 0 degrees 31 minutes 01
seconds E, 1.00 foot West of and parallel with the said West right-of-way line,
a distance of 85.00 feet; thence N 41 degrees 28 minutes 13 seconds W, a
distance of 13.45 feet; thence N 0 degrees 31 minutes 01 seconds E, 10.00 feet
West of and parallel with the said West right-of-way line, a distance of 11.96
feet, to a point on the North line of said NORTHWOOD HILLS THIRD PLAT; thence S
89 degrees 28 minutes 59 seconds E, along the said North line, a distance of
10.00 feet, to the Point of Beginning.
The above
described tract of land contains 1,499 Sq. Ft. more or less.
Permanent
Storm Drainage Easement
Part of NORTHWOOD
HILLS THIRD PLAT, a subdivision in Kansas City, Platte County, Missouri, more
particularly described as follows:
Commencing at the
Northeast corner of said NORTHWOOD HILLS THIRD PLAT, said point being on the
West right-of-way line of Northwood Road, as now established; thence N 89
degrees 28 minutes 59 seconds W, along the North line of said NORTHWOOD HILLS
THIRD PLAT, a distance of 10.00 feet, to the Point of Beginning; thence S 0
degrees 31 minutes 01 seconds W, 10.00 feet West of and parallel with the West
right-of-way line of Northwood Road, as now established, a distance of 11.96
feet; thence S 41 degrees 28 minutes 13 seconds E, a distance of 13.45 feet;
thence S 0 degrees 31 minutes 01 seconds E, 1.00 foot West of and parallel with
the said West right-of-way line, a distance of 25.00 feet; thence N 41 degrees
55 minutes 09 seconds W, a distance of 63.64 feet, to a point on the North line
of said NORTHWOOD HILLS THIRD PLAT; thence S 89 degrees 28 minutes 59 seconds
E, along said North line, a distance of 33.94 feet, to the Point of Beginning.
The above
described tract of land contains 856 Sq. Ft. more or less.
Permanent
Water Main Easement
Part of NORTHWOOD
HILLS THIRD PLAT, a subdivision in Kansas City, Platte County, Missouri, more
particularly described as follows:
Commencing at the
Northeast corner of said NORTHWOOD HILLS THIRD PLAT, said point being on the
West right-of-way line of Northwood Road, as now established; thence N 89
degrees 28 minutes 59 seconds W, along the North line of said NORTHWOOD HILLS
THIRD PLAT, a distance of 10.00 feet; thence S
0 degrees 31 minutes 01 seconds W, 10.00 feet West of and parallel with the
West right-of-way line of said Northwood Road, a distance of 146.70 feet, to
the Point of Beginning; thence continuing S 0 degrees 31 minutes 01 seconds W,
10.00 feet West of and parallel with the said West right-of-way line, a
distance of 23.87 feet; thence S 16 degrees 33 minutes 48 seconds W, a distance
of 47.11 feet; thence S 46 degrees 25 minutes 16 seconds W, a distance of 0.08
feet; thence N 89 degrees 14 minutes 02 seconds W, 10.00 feet North of and
parallel with the North right-of-way line of NW 56th Street, as now
established, a distance of 54.65 feet; thence N 45 degrees 00 minutes 00
seconds E, a distance of 96.66 feet, to the Point of Beginning.
The above
described tract of land contains 2,049 Sq. Ft. more or less.
Temporary
Construction Easement (3 year duration)
Part of NORTHWOOD
HILLS THIRD PLAT, a subdivision in Kansas City, Platte County, Missouri, more
particularly described as follows:
Commencing at the
Northeast corner of said NORTHWOOD HILLS THIRD PLAT, said point being on the
West right-of-way line of Northwood Road, as now established; thence N 89
degrees 28 minutes 59 seconds W, along the North line of said NORTHWOOD HILLS
THIRD PLAT, a distance of 43.94 feet, to the Point of Beginning; thence S 41
degrees 55 minutes 09 seconds E, a distance of 63.64 feet, to a point 1.00 foot
West of the West right-of-way line of said Northwood Road; thence S 0 degrees
31 minutes 01 seconds W, 1.00 foot West of and parallel with said right-of-way
line, a distance of 60.00 feet; thence S 4 degrees 42 minutes 58 seconds W, a
distance of 43.51 feet; thence S 16 degrees 33 minutes 48 seconds W, a distance
of 21.04 feet; thence N 0 degrees 31 minutes 01 seconds E, 10.00 feet West of
and parallel with said West right-of-way line, a distance of 23.87 feet; thence
S 45 degrees 00 minutes 00 seconds W, a distance of 64.22 feet, to a point to
be known as Point A; thence N 0 degrees 31 minutes 01 seconds E, 55.00 feet
West of and parallel with the said West right-of-way line, a distance of 192.52
feet, to a point on the North line of said NORTHWOOD HILLS THIRD PLAT; thence S
89 degrees 28 minutes 59 seconds E, along the said North line, a distance of
11.06 feet, to the Point of Beginning.
And Also;
Commencing a said
Point A; thence S 45 degrees 00 minutes 00 seconds W, a distance of 4.89 feet,
to the Point of Beginning; thence continuing S 45 degrees 00 minutes 00 seconds
W, a distance of 27.55 feet, to a point on the North line of an existing 10
minutes utility easement; thence S 89 degrees 14 minutes 02 seconds E, along
said North line, a distance of 54.65 feet; thence S 46 degrees 25 minutes 16
seconds W, a distance of 14.31 feet, to a point on the South line of said
NORTHWOOD HILLS THIRD PLAT; thence N 89 degrees 14 minutes 02 seconds W, along
said South line, a distance of 261.92 feet; thence N 0 degrees 45 minutes 58
seconds E, a distance of 10.00 feet; thence N 72 degrees 45 minutes 09 seconds
E, a distance of 133.41 feet; thence S 78 degrees 09 minutes 30 seconds E, a
distance of 112.00, to the Point of Beginning.
The above
described tract of land contains 16,417 Sq. Ft. more or less.
TRACT #17
Street Right
of Way
Part of Lot 1,
NORTHWOOD HILLS FIFTH PLAT, a subdivision in Kansas City, Platte County,
Missouri, more particularly described as follows:
Beginning at the
Northeast corner of said Lot 1; thence S 0 degrees 31 minutes 01 seconds W,
along the East line of said Lot 1, a distance of 444.97 feet, to the Southeast
corner of said Lot 1; thence N 89 degrees 28 minutes 59 seconds W, along the
South line of said Lot 1, a distance of 10.00 feet; thence N 0 degrees 31
minutes 01 seconds E, 10.00 feet West of and parallel with the said East line,
a distance of 68.04 feet; thence N 31 degrees 28 minutes 51 seconds E, a
distance of 17.49 feet; thence N 0 degrees 31 minutes 01 seconds E, 1.00 foot
West of and parallel with the said East line, a distance of 340.00 feet; thence
N 76 degrees 40 minutes 43 seconds W, a distance of 9.23 feet; thence N 0
degrees 31 minutes 01 seconds E, 10.00 feet West of and parallel with the said
East line, a distance of 19.89 feet, to a point on the North line of said Lot
1; thence S 89 degrees 29 minutes 19 seconds E, along the said North line, a
distance of 10.00 feet, to the Point of Beginning.
The above
described tract of land contains 1,313 Sq. Ft. more or less.
Permanent
Storm Drainage Easement
Part of Lot 1,
NORTHWOOD HILLS FIFTH PLAT, a subdivision in Kansas City, Platte County,
Missouri, more particularly described as follows:
Commencing at the
Northeast corner of said Lot 1; thence N 89 degrees 29 minutes 19 seconds W,
along the North line of said Lot 1, a distance of 10.00 feet, to the Point of
Beginning; thence S 0 degrees 31 minutes 01 seconds W, 10.00 feet West of and
parallel with the East line of said Lot 1, a distance of 19.89 feet; to a point
to be known as Point A; thence N 76 degrees 40 minutes 43 seconds W, a distance
of 35.89 feet; thence N 0 degrees 31 minutes 01 seconds E, parallel with the
said East line, a distance of 11.93 feet, to a point on the said North line;
thence S 89 degrees 29 minutes 19 seconds E, along the said North line, a
distance of 35.00 feet, to the Point of Beginning.
And Also;
Commencing at said
Point A; thence S 76 degrees 40 minutes 43 seconds E, a distance of 9.23 feet;
thence S 0 degrees 31 minutes 01 seconds W, 1.00 foot West of and parallel with
the said East line, a distance of 340.00 feet; thence S 31 degrees 28 minutes
51 seconds W, a distance of 17.49 feet; thence S 0 degrees 31 minutes 01
seconds W, 10.00 feet West of and parallel with the said East line, a distance
of 45.00 feet, to the Point of Beginning; thence continuing S 0 degrees 31
minutes 01 seconds W, 10.00 feet West of and parallel with the said East line,
a distance of 23.04 feet, to a point on the South line of said Lot 1; thence N
89 degrees 28 minutes 59 seconds W, along the said South line, a distance of
33.94 feet; thence N 41 degrees 55 minutes 09 seconds W, a distance of 31.21
feet; thence S 89 degrees 28 minutes 59 seconds E, a distance of 55.00 feet, to
the Point of Beginning.
The above
described tract of land contains 1,581 Sq. Ft. more or less.
Permanent
Water Main Easement
Part of Lot 1,
NORTHWOOD HILLS FIFTH PLAT, a subdivision in Kansas City, Platte County,
Missouri, more particularly described as follows:
Commencing at the
Northeast corner of said Lot 1; thence S 0 degrees 31 minutes 01 seconds W,
along the East line of said Lot 1, a distance of 77.94 feet; thence N 89
degrees 28 minutes 59 seconds W, a distance of 1.00 foot, to the Point of
Beginning; thence S 0 degrees 31 minutes 01 seconds W, 1.00 feet West of and
parallel with the said East line, a distance of 8.16 feet; thence N 89 degrees
29 minutes 46 seconds W, a distance of 30.00 feet; thence N 0 degrees 31
minutes 01 seconds E, parallel with the said East line, a distance of 8.17
feet; thence S 89 degrees 28 minutes 59 seconds E, a distance of 30.00 feet, to
the Point of Beginning.
The above
described tract of land contains 245 Sq. Ft. more or less.
Temporary
Construction Easement (3 year duration)
Part
of Lot 1, NORTHWOOD HILLS FIFTH PLAT, a subdivision in Kansas City, Platte
County, Missouri, more particularly described as follows:
Commencing
at the Northeast corner of said Lot 1; thence N 89 degrees 29 minutes 19
seconds W, along the North line of said Lot 1, a distance of 45.00 feet, to the
Point of Beginning; thence S 0 degrees 31 minutes 01 seconds W, parallel with
the East line of said Lot 1, a distance of 11.93 feet; thence S 76 degrees 40
minutes 43 seconds E, a distance of 45.12 feet; thence S 0 degrees 31 minutes
01 seconds W, 1.00 foot West of and parallel with the said East line, a
distance of 56.00 feet; thence N 89 degrees 28 minutes 59 seconds W, a distance
of 24.00 feet, to a point to be known as Point A; thence N 15 degrees 00
minutes 26 seconds W, a distance of 37.36 feet; thence N 77 degrees 35 minutes
40 seconds W, a distance of 97.08 feet; thence N 47 degrees 12 minutes 33
seconds W, a distance of 32.59 feet, to a point on the said North line; thence
S 89 degrees 29 minutes 19 seconds E, along the said North line, a distance of
109.12 feet, to the Point of Beginning.
And Also;
Commencing
at said Point A; thence N 89 degrees 28 minutes 59 seconds W, a distance of
6.00 feet; thence S 0 degrees 31 minutes 01 seconds W, a distance of 8.17 feet;
thence S 89 degrees 29 minutes 46 seconds E, a distance of 6.00 feet, to the
Point of Beginning; thence continuing S 89 degrees 29 minutes 46 seconds E, a
distance of 24.00 feet; thence S 0 degrees 31 minutes 01 seconds W, 1.00 foot
West of and parallel with the said East line, a distance of 275.84 feet; thence
S 31 degrees 28 minutes 51 seconds W, a distance of 17.49 feet; thence S 0
degrees 31 minutes 01 seconds W, 10.00 feet West of and parallel with the said
East line, a distance of 45.00 feet; thence N 89 degrees 28 minutes 59 seconds
W, a distance of 55.00, to a point to be known as Point B; thence N 0 degrees
31 minutes 01 seconds E, parallel with the said East line, a distance of 5.00
feet; thence S 89 degrees 28 minutes 59 seconds E, a distance of 35.00 feet;
thence N 0 degrees 31 minutes 01 seconds E, parallel with the said East line, a
distance of 25.00 feet; thence S 89 degrees 28 minutes 59 seconds E, a distance
of 10.00 feet; thence N 0 degrees 31 minutes 01 seconds E, 20.00 feet West of
and parallel with the said East line, a distance of 290.00 feet; thence N 17
degrees 00 minutes 34 seconds W, a distance of 16.60 feet, to the Point of
Beginning.
And Also:
Commencing
at said Point B; thence S 41 degrees 55 minutes 09 seconds E, a distance of
14.82 feet, to the Point of Beginning; thence continuing S 41 degrees 55
minutes 09 seconds E, a distance of 16.39 feet, to a point on the South line of
said Lot 1; thence N 89 degrees 28 minutes 59 seconds W, along the said South
line, a distance of 11.06 feet; thence N 0 degrees 31 minutes 01 seconds E,
parallel with the said East line, a distance of 11.06 feet, to the Point of
Beginning.
The above
described tract of land contains 11,512 Sq. Ft. more or less.
TRACT #24
Street Right
of Way
All that part of Lot
3, Block 2, BREEN HILLS GARDENS, a subdivision in Kansas City, Platte County,
Missouri more particularly described as follows:
Beginning at the
Southwest corner of said Lot 3; thence N 0 degrees 31 minutes 01 seconds E,
along the West line of said Lot 3, a distance of 15.17 feet; thence S 44
degrees 10 minutes 09 seconds E, a distance of 21.33 feet, to a point on the
South line of said Lot 3; thence N 89 degrees 28 minutes 59 seconds W, along
the said South line, a distance of 15.00 feet, to the Point of Beginning.
The above
described tract of land contains 114 Sq. Ft. more or less.
Permanent
Storm Drainage Easement
All of the West 5.0
feet of Lot 3, Block 2, BREEN HILLS GARDENS, a subdivision in Kansas City,
Platte County, Missouri except all that part of Lot 3 of said subdivision being
dedicated as permanent right of way for said construction project more
particularly described as follows:
Beginning at the
Southwest corner of said Lot 3; thence N 0 degrees 31 minutes 01 seconds E,
along the West line of said Lot 3, a distance of 15.17 feet; thence S 44
degrees 10 minutes 09 seconds E, a distance of 21.33 feet, to a point on the
South line of said Lot 3; thence N 89 degrees 28 minutes 59 seconds W, along
the said South line, a distance of 15.00 feet, to the Point of Beginning.
The above
described tract of land contains 460 Sq. Ft. more or less.
Temporary Construction
Easement (3 year duration)
All that part of Lot
3, Block 2, BREEN HILLS GARDENS, a subdivision in Kansas City, Platte County,
Missouri more particularly described as follows:
Commencing at the
Southwest corner of said Lot 3; thence N 0 degrees 31 minutes 01 seconds E,
along the West line of said Lot 3, a distance of 15.17 feet, to the Point of
Beginning; thence continuing N 0 degrees 31 minutes 01 seconds E, along the
said West line, a distance of 89.83 feet, to the Northwest corner of said Lot
3; thence S 89 degrees 28 minutes 59 seconds E, along the North line of said
Lot 3, a distance of 35.00 feet; thence S 0 degrees 31 minutes 01 seconds W,
35.00 feet East of and parallel with the said West line, a distance of 22.83
feet; thence S 89 degrees 28 minutes 59 seconds E, parallel with the said North
line, a distance of 5.00 feet; thence S 0 degrees 31 minutes 01 seconds W,
40.00 feet West of and parallel with the said West line, a distance of 57.17
feet; thence S 89 degrees 28 minutes 59 seconds E, parallel with the South line
of said Lot 3, a distance of 35.00 feet; thence N 0 degrees 31 minutes 01
seconds E, 45.00 feet West of and parallel with the East line of said Lot 3, a
distance of 15.00 feet; thence S 89 degrees 23 minutes 06 seconds E, a distance
of 45.00 feet, to a point on the said East line; thence S 0 degrees 31 minutes
01 seconds W, along the said East line, a distance of 39.92 feet, to the
Southeast corner of said Lot 3; thence N 89 degrees 28 minutes 59 seconds W,
along the South line of said Lot 3, a distance of 105.00 feet; thence N 44
degrees 10 minutes 09 seconds W, a distance of 21.33 feet, to the Point of
Beginning.
The above
described tract of land contains 6,645 Sq. Ft. more or less.
TRACT #26
Permanent
Water Main Easement
All
of the West 5.0 feet of Lot 2, Block 2, BREEN HILLS GARDENS, a subdivision in
Kansas City, Platte County, Missouri.
The
above described tract of land contains 450 Sq. Ft. more or less.
Temporary
Construction Easement (3 year duration)
All that part of Lot
3, Block 2, BREEN HILLS GARDENS, a subdivision in Kansas City, Platte County,
Missouri more particularly described as follows:
Commencing at the
Southwest corner of said Lot 3; thence N 0 degrees 31 minutes 01 seconds E,
along the West line of said Lot 3, a distance of 15.17 feet, to the Point of
Beginning; thence continuing N 0 degrees 31 minutes 01 seconds E, along the
said West line, a distance of 89.83 feet, to the Northwest corner of said Lot
3; thence S 89 degrees 28 minutes 59 seconds E, along the North line of said
Lot 3, a distance of 35.00 feet; thence S 0 degrees 31 minutes 01 seconds W,
35.00 feet East of and parallel with the said West line, a distance of 22.83
feet; thence S 89 degrees 28 minutes 59 seconds E, parallel with the said North
line, a distance of 5.00 feet; thence S 0 degrees 31 minutes 01 seconds W,
40.00 feet West of and parallel with the said West line, a distance of 57.17
feet; thence S 89 degrees 28 minutes 59 seconds E, parallel with the South line
of said Lot 3, a distance of 35.00 feet; thence N 0 degrees 31 minutes 01
seconds E, 45.00 feet West of and parallel with the East line of said Lot 3, a
distance of 15.00 feet; thence S 89 degrees 23 minutes 06 seconds E, a distance
of 45.00 feet, to a point on the said East line; thence S 0 degrees 31 minutes
01 seconds W, along the said East line, a distance of 39.92 feet, to the
Southeast corner of said Lot 3; thence N 89 degrees 28 minutes 59 seconds W,
along the South line of said Lot 3, a distance of 105.00 feet; thence N 44
degrees 10 minutes 09 seconds W, a distance of 21.33 feet, to the Point of
Beginning.
The above
described tract of land contains 6,645 Sq. Ft. more or less.
TRACT #27
Street Right
of Way
All that part of Lot
1, Block 2, BREEN HILLS GARDENS, a subdivision in Kansas City, Platte County,
Missouri more particularly described as follows:
Beginning at the
Northwest corner of said Lot 1; thence S 89 degrees 28 minutes 59 seconds E,
along the North line of said Lot 1, a distance of 15.00 feet; thence S 43
degrees 57 minutes 59 seconds W, a distance of 21.81 feet, to a point on the
West line of said Lot 1; thence N 0 degrees 31 minutes 01 seconds E, along the
said West line, a distance of 15.83, to the Point of Beginning.
The above
described tract of land contains 119 Sq. Ft. more or less.
Permanent
Water Main Easement
All
of the West 5.0 feet of Lot 1, Block 2, BREEN HILLS GARDENS, a subdivision in
Kansas City, Platte County, Missouri except all that part of Lot 3 of said
subdivision being dedicated as permanent right of way for said construction
project more particularly described as follows:
Beginning
at the Northwest corner of said Lot 1; thence S 89 degrees 28 minutes 59
seconds E, along the North line of said Lot 1, a distance of 15.00 feet; thence
S 43 degrees 57 minutes 59 seconds W, a distance of 21.81 feet, to a point on
the West line of said Lot 1; thence N 0 degrees 31 minutes 01 seconds E, along
the said West line, a distance of 15.83, to the Point of Beginning.
The above described
tract of land contains 460 Sq. Ft. more or less.
Temporary
Construction Easement (3 year duration)
All that part of Lot
1, Block 2, BREEN HILLS GARDENS, a subdivision in Kansas City, Platte County,
Missouri more particularly described as follows:
Commencing at the
Northwest corner of said Lot 1; thence S 89 degrees 28 minutes 59 seconds E,
along the North line of said Lot 1, a distance of 15.00 feet, to the Point of
Beginning; thence continuing S 89 degrees 28 minutes 59 seconds E, along the
said North line, a distance of 20.00 feet; thence S 0 degrees 31 minutes 01
seconds W, 35.00 feet East of and parallel with the West line of said Lot 1, a
distance of 105.00 feet, to a point on the South line of said Lot 1; thence N
89 degrees 28 minutes 59 seconds W, along the said South line, a distance of
35.00 feet, to the Southwest corner of said Lot 1; thence N 0 degrees 31
minutes 01 seconds E, along the West line of said Lot 1, a distance of 89.17
feet; thence N 43 degrees 57 minutes 59 seconds E, a distance of 21.81 feet, to
the Point of Beginning.
The above
described tract of land contains 3,556 Sq. Ft. more or less.
TRACT #38
Temporary
Construction Easement (3 year duration)
All that part of
Tract B, JAMESTOWN, a subdivision in, Kansas City, Platte County, Missouri,
more particularly described as follows:
Beginning at the
Southeast corner of said Tract B; thence N 89 degrees 45 minutes 15 seconds W,
along the South line of said Tract B, a distance of 104.20 feet; thence N 24
degrees 16 minutes 33 seconds E, a distance of 21.35 feet; thence N 89 degrees
49 minutes 22 seconds E, a distance of 74.32 feet; thence N 52 degrees 35
minutes 10 seconds E, a distance of 6.19 feet, to a point on the East line of
said Tract B; thence S 34 degrees 06 minutes 16 seconds E, along the said East
line, a distance of 28.86 feet, to the Point of Beginning.
The above
described tract of land contains 1,856 Sq. Ft. more or less.
TRACT #39
Permanent
Storm Drainage Easement
All that part of Lot 1, JAMESTOWN a subdivision
in, Kansas City, Platte County, Missouri, more particularly described as
follows:
Beginning at the Southeast corner of said Lot 1;
thence N 89 degrees 45 minutes15 seconds W, along the South line of said Lot 1,
a distance of 18.17 feet; thence N 34 degrees 06 minutes 16 seconds W, along
the said South line, a distance of 28.86 feet; thence N 52 degrees 35 minutes
10 seconds E, a distance of 15.03 feet, to a point on the East line of said Lot
1; thence S 34 degrees 06 minutes 16 seconds E, along the said East line, a
distance of 39.98 feet, to the Point of Beginning.
The above described tract of land
contains 516 Sq. Ft. more or less.
TRACT #40
Street Right
of Way
All that part of the
N 1/2 of the SW 1/4 of Section 29, Township 51, Range 33, Kansas City, Platte
County, Missouri more particularly described as follows:
Commencing at the
Northeast corner of the SW 1/4 of said Section 29; thence S 0 degrees 31
minutes 01 seconds W, along the East line of the said SW 1/4, a distance of
671.00 feet; thence N 89 degrees 45 minutes 15 seconds W, along the Easterly
extension of the South line of JAMESTOWN, a subdivision in Kansas City, Platte
County, Missouri, a distance of 30.00 feet, to a point on the West right-of-way
line of Northwood Road, as now established, said point being the Point of
Beginning; thence continuing N 89 degrees 45 minutes 15 seconds W, along the
Easterly extension of the said South line, a distance of 8.32 feet; thence N 42
degrees 30 minutes 15 seconds E, a distance of 10.94 feet; thence N 0 degrees
31 minutes 01 seconds E, 1.00 foot West of and parallel with the said West
right-of-way line, a distance of 101.40 feet, to a point on the South line of a
tract of land recorded in Book 1147, Page 676 at the Recorder of Deeds Office,
Platte County, Missouri; thence S 89 degrees 44 minutes 36 seconds E, along the
said South line, a distance of 1.00 foot, to a point on the said West
right-of-way line; thence S 0 degrees31 minutes 01 seconds W, along the said
West right-of-way line, a distance of 109.50 feet, to the Point of Beginning.
The above
described tract of land contains 139 Sq. Ft. more or less.
Permanent
Storm Drainage Easement
All that part of the
N 1/2 of the SW 1/4 of Section 29, Township 51, Range 33, Kansas City, Platte County,
Missouri more particularly described as follows:
Commencing at the
Northeast corner of the SW 1/4 of said Section 29; thence S 0 degrees 31
minutes 01 seconds W, along the East line of the said SW 1/4, a distance of
671.00 feet; thence N 89 degrees 45 minutes 15 seconds W, along the Easterly
extension of the South line of JAMESTOWN, a subdivision in Kansas City, Platte
County, Missouri, a distance of 52.87 feet, to the Point of Beginning; thence
continuing N 89 degrees 45 minutes 15 seconds W, along the Easterly extension
of the said South line, a distance of 23.26 feet, to the Southeast corner of
Lot 1 said JAMESTOWN; thence N 34 degrees 06 minutes 16 seconds W, along the
East line of said Lot 1, a distance of 39.98 feet; thence N 52 degrees 35 minutes
10 seconds E, a distance of 16.77 feet; thence S 36 degrees 42 minutes 58
seconds E, a distance of 54.13 feet, to the Point of Beginning.
The above
described tract of land contains 977 Sq. Ft. more or less.
Temporary
Construction Easement (3 year duration)
All
that part of the N 1/2 of the SW 1/4 of Section 29, Township 51, Range 33,
Kansas City, Platte County, Missouri more particularly described as follows:
Commencing
at the Northeast corner of the SW 1/4 of said Section 29; thence S 0 degrees 31
minutes 01 seconds W, along the East line of the said SW 1/4, a distance of
671.00 feet; thence N 89 degrees 45 minutes 15 seconds W, along the Easterly
extension of the South line of JAMESTOWN, a subdivision in Kansas City, Platte
County, Missouri, a distance of 38.32 feet, to the Point of Beginning; thence
continuing N 89 degrees 45 minutes 15 seconds W, along the Easterly extension
of the said South line, a distance of 14.55 feet; thence N 36 degrees 42
minutes 58 seconds W, a distance of 44.83 feet; thence N 18 degrees 26 minutes
15 seconds E, a distance of 77.56 feet, to a point on the South line of a tract
of land recorded in Book 1147, Page 676 at the Recorder of Deeds Office, Platte
County, Missouri; thence S 89 degrees 44 minutes 36 seconds E, along the said
South line, a distance of 25.14 feet; thence S 0 degrees31 minutes 01 seconds
W, 1.00 foot West of and parallel with the West right-of-way line of Northwood
Road, as now established, a distance of 101.40 feet; thence S 42 degrees 30
minutes 15 seconds W, a distance of 10.94 feet, to the Point of Beginning.
The above
described tract of land contains 3,971 Sq. Ft. more or less.
TRACT #43
Temporary
Construction Easement (3 year duration)
All that part of the
N 1/2 of the SW 1/4 of Section 29, Township 51, Range 33, Kansas City, Platte
County, Missouri more particularly described as follows:
Commencing at the
Northeast corner of the SW 1/4 of said Section 29; thence S 0 degrees 31
minutes 01 seconds W, along the East line of the said SW 1/4, a distance of
307.65 feet; thence N 89 degrees 44 minutes 55 seconds W, a distance of 30.00
feet, to a point on the West right-of-way line of Northwood Road, as now
established, said point being the Point of Beginning; thence N 89 degrees 44
minutes 55 seconds W, a distance of 10.00 feet; thence N 0 degrees 31 minutes
01 seconds E, 10.00 feet West of and parallel with the said West right-of-way
line, a distance of 60.54 feet, to a point on the South line of a tract of land
recorded in Book 919, Page 283 at the Recorder of Deeds Office, Platte County,
Missouri; thence S 89 degrees 44 minutes 36 seconds E, along the said South
line, a distance of 10.00 feet, to a point on the said West right-of-way line;
thence S 0 degrees 31 minutes 01 seconds W, along the said West right-of-way
line, a distance of 60.54 feet, to the Point of Beginning.
The above
described tract of land contains 605 Sq. Ft. more or less.
TRACT #44
Street Right
of Way
All that part of the
N 1/2 of the SW 1/4 of Section 29, Township 51, Range 33, Kansas City, Platte
County, Missouri more particularly described as follows:
Commencing at the
Northeast corner of the SW 1/4 of said Section 29; thence S 0 degrees 31
minutes 01 seconds W, along the East line of the said SW 1/4, a distance of
246.98 feet; thence N 89 degrees 44 minutes 36 seconds W, along the Easterly
extension of the South line of a tract of land recorded in Book 919, Page 283
in the Recorder of Deeds Office, Platte County, Missouri, a distance of 20.00
feet, to the Southeast corner of said tract of land, said point being the Point
of Beginning; thence continuing N 89 degrees 44 minutes 36 seconds W, along the
said South line, a distance of 6.00 feet; thence N 1 degrees 34 minutes 28
seconds E, a distance of 54.19 feet; thence N 2 degrees 48 minutes 27 seconds
E, a distance of 50.04 feet; thence N 11 degrees 49 minutes 37 seconds E, a
distance of 15.30 feet, to a point on the West right-of-way line of Northwood
Road, as now established; thence S 0 degrees 31 minutes 01 seconds W, along the
said West right-of-way line, a distance of 119.15 feet, to the Point of
Beginning.
The above
described tract of land contains 520 Sq. Ft. more or less.
Temporary
Construction Easement (3 year duration)
All that part of the
N 1/2 of the SW 1/4 of Section 29, Township 51, Range 33, Kansas City, Platte
County, Missouri more particularly described as follows:
Commencing at the
Northeast corner of the SW 1/4 of said Section 29; thence S 0 degrees 31
minutes 01 seconds W, along the East line of the said SW 1/4 ,a distance of
246.98 feet; thence N 89 degrees 44 minutes 36 seconds W, along the South line
of a tract of land recorded in Book 919, Page 283 in the Recorder of Deeds
Office, Platte County, Missouri, and its Easterly extension, a distance of 26.00
feet, to the Point of Beginning; thence continuing N 89 degrees 44 minutes 36
seconds W, along the said South line, a distance of 14.00 feet; thence N 0
degrees 31 minutes 01 seconds E, 20.00 feet West of and parallel with the West
right-of-way line of Northwood Road, as now established, a distance of 49.24
feet; thence N 7 degrees 36 minutes 47 seconds W, a distance of 70.71 feet;
thence N 22 degrees 42 minutes 03 seconds E, a distance of 37.82 feet, to a
point on the South right-of-way line of U.S. Highway #71, as now established;
thence S 48 degrees 48 minutes 56 seconds E, along the said South right-of-way
line, a distance of 20.72 feet, to the intersection of the said South
right-of-way line with the West right-of-way line of said Northwood Road; thence
S 0 degrees 31 minutes 01 seconds W, along the said West right-of-way line, a
distance of 21.52 feet; thence S11 degrees 49 minutes 37 seconds W, a distance
of 15.30 feet; thence S 2 degrees 48 minutes 27 seconds W, a distance of 50.04
feet; thence S 1 degrees 34 minutes 28 seconds W, a distance of 54.19 feet, to
the Point of Beginning.
The above
described tract of land contains 2,908 Sq. Ft. more or less.
Section 5.
That just compensation for the properties 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 Platte 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 just compensation shall be made by Kansas City from
funds appropriated for such purposes.
Section 6. That
pending the acquisition of said lands by condemnation, the Director of the
Public Works Department 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 the same from condemnation proceedings.
Section 7.
That said properties be condemned and conveyed to the City of Kansas City,
Missouri, in fee simple.
Section 8. That
upon the effective date of this ordinance, the City Clerk is hereby directed to
record this ordinance in the office of the Recorder of Deeds of Platte County,
Missouri.
_____________________________________________
Approved as to
form and legality:
___________________________________
Dustin E.
Johnson
Assistant City
Attorney