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Legislation #: 100879 Introduction Date: 10/14/2010
Type: Ordinance Effective Date: 10/31/2010
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
10/13/2010 Filed by the Clerk's office
10/14/2010 Referred to Planning and Zoning Committee
10/20/2010 Advance and Do Pass, Debate
10/21/2010 Passed

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100879.pdf Recorded Info 496K RECORDED
100879.pdf Authenticated 468K AUTHENITCATED
Factsheet NE Chouteau(condemn).xls Fact Sheet 49K NE Chouteau cndmn fct sht

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ORDINANCE NO. 100879

 

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 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 City Manager’s Office and being incorporated herein by reference.

Section 3. That the property interests herein described and condemned shall be used by Kansas City for the construction and maintenance of N.E. Chouteau Trafficway, including storm drainage and any necessary appurtenances to it; and Kansas City shall have the right to enter in or authorize the entry in and upon such property interests for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

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


Tract 23

 

All of Tract 2 on certificate of survey of part of the Southeast Quarter of the Northeast Quarter of Section 7 Township, 50, Range 32 and part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 50, Range 32, filed as Document No. D56831, in Bk. 1280 at Pg. 322 on October 27, 1977, and more particularly described as follows:

 

Beginning at the Southeast corner of the Northeast Quarter of Section 7, Township 50, Range 32; thence N 00 degrees 56 minutes 42 seconds E, a distance of 1,295.87 feet; thence N 89 degrees 20 minutes 21 seconds W, a distance of 128.03 feet to the true point of beginning; thence continuing N 89 degrees 20 minutes 21 seconds W, a distance of 243.33 feet; thence S 10 degrees 31 minutes 29 seconds W, a distance of 25.76 feet; thence S 30 degrees 54 minutes 23 seconds E, a distance of 67.85 feet; thence S 75 degrees 56 minutes 31 seconds E, a distance of 217.31 feet; thence N 00 degrees 56 minutes 42 seconds W, a distance of 135.64 feet to the true point of beginning, except any part in public roadways. Containing approximately 25,425 square feet.

 

Tract 25

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32. All of Lots 7, 8, and 9, Block 3, Coomber Terrace, a subdivision in Kansas City, Clay County, Missouri, execpt the North 50 feet of said Lot 7, as measured parallel and perpendicular to the North line of Lot 7. Containing approximately 21,846 square feet.

 

Tract 26

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32. All of Lots 5, 10, 11, 12, and 13, Block 3, Coomber Terrace, a subdivision in Kansas City, Clay County, Missouri. Containing approximately 27,469.35 square feet.

 

Tract 27

 

All that part of the Northeast Quarter of Section 7, Township 50, Range 32 in Kansas City, Clay County, Missouri beginning at a point in the West Right of Way line State Highway No. 269 that is 965.08 feet South of the North line of said Northeast Quarter (measured along a line parallel to the East line of said Quarter); thence Southerly along said West Right of Way line which is a curve to the right having a radius of 5699.65 feet and a distance of 39.58 feet to a point that is 30.0 feet west of the centerline of said Highway No. 269; thence Southwesterly in a straight line, a distance of 150.28 to a point 50.0 feet Westerly from said centerline; thence West along said Right of Way line a distance of 65.0 feet more or less to the center line of Buckeye Creek; thence Northerly along said center line of Buckeye Creek to a point that is 965.08 feet South of the North line of said Quarter; thence East a distance of 85.0 feet more or less to the point of beginning. EXCEPT all that part condemned for Park purposes and EXCEPT any part in public roadways. Containing approximately 17,872.46 square feet.

 

Tract 28

All that part of the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32 in Kansas City, Clay County, Missouri. Lots 14, 15, and 16, Block 3, Coomber Terrace, a subdivision in Kansas City, Clay County, Missouri. Containing approximately 18,000 square feet.

 

Tracts 29 and 30

 

All that part of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, beginning at a point in the West Right of way line of State Highway No. 269 that is 915.08 feet South of the North line of said Northeast Quarter (measured along a line parallel to the East line of said Quarter); thence Southerly along the West Right of way line which is a curve to the right a radius of 5699.65 fee, a distance of 50.1 feet to a point that is 965.08 feet South of the North line of said Quarter; thence West and parallel to said North line, a distance of 85.0 feet more or less to the center line of Buckeye Creek; thence Northerly along said center line to a point that is 915.08 feet South of the North line of said Quarter; thence East a distance of 75.0 feet more or less to the point of beginning. Also the North 50.0 feet of all that part of the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, described as beginning at a point 865.08 feet South of the North line and 400.00 feet West of the East line of said Section, running thence South 457.34 feet, to the South lines of said Section, thence West 147.14 feet; thence North 7 degrees 45 minutes West, a distance of 150.48 feet; thence South 87 degrees 45 minutes East 33.0 feet to the center of branch or creek; thence North 2 degrees 30 minutes East, 150.0 feet in the center of creek; thence North 7 degrees 5 minutes East, 161.48 feet in the center of creek, thence East 108.0 feet to the point of beginning, being a tract of land lying East of and adjoining a tract according to a deed recorded in Book 117, Page 290, except present highway as established, except that part lying West of creek as established by an agreement recorded in Book 717, Page 271, and except that part condemned for Park purposes by the City of Kansas City in Case No. 23420 in Circuit Court of clay county, Missouri under Ordinance No. 21676 passed by the City of Kansas City, Missouri. Containing approximately 17,872.46 square feet.

 

And

 

All that part of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

Beginning at a point in the North line of said Northeast Quarter that is 400.0 West of the Northeast corner thereof; thence south and parallel to the East line of said Quarter, a distance of 757.08 feet to the true point of beginning of the tract herein described; thence West in a line parallel to the North line of said Quarter to Buckeye Creek, as established by Agreement dated May 31, 1961 and filed as Document No. B-44479, and recorded on Book 717, Page 271 in the office of Recorder of Deeds for Clay County, Missouri; thence Southeasterly in said established line to a point that is 865.08 feet South of and 504.31feet West of the Northeast corner of said Quarter; thence East and parallel to the North line of said Quarter, a distance of 104.31 feet; thence North and parallel to the East line of said Quarter a distance of 108.0 feet to the true point of beginning, except that part conveyed to the State of Missouri for highway purposes by deed recorded as Document No. B-65882. Containing approximately 11,179.67 square feet.

 

Tract 31

 

All that part of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

All of Lot 1, Mandacina Place, a subdivision located in Kansas City, Clay County, Missouri, except for part in street. Containing approximately 12,015 square feet.

 

Tract 32

 

All that part of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

All of Lot 2, Mandacina Place, a subdivision located in Kansas City, Clay County, Missouri, except for part in street. Containing approximately 6,001 square feet.

 

Tract 33

 

A tract of land located in part of the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

Beginning at a point on the North line of said Northeast Quarter that is 400.0 feet West of the Northeast corner thereof; thence South and parallel to the East line of said Quarter, a distance of 585.25 feet to the true point of beginning; thence West and parallel to the North line of said Quarter, a distance of 200.0 feet; thence south and parallel to said East line, a distance of 138.0 feet to Buckeye Creek, as established by agreement dated May 31, 1961 and filed as Document No. B-44479, Bk. 717, Pg. 271 in the office of the Recorder of Deeds for Clay County, Missouri; thence Southeasterly in said established line to a point that is 757.08 feet South of the North line of said Quarter; thence East and parallel to said north line to a point that is 400.0 feet West of the East line of said Quarter; thence North and parallel to said East line, a distance of 171.83 feet to the true point of beginning, except part conveyed to the State of Missouri for highway purposes by deed recorded as Document No. B-65882, Bk. 785, Pg. 276. Containing approximately 28,208.05 square feet.

 

Tract 34

 

A tract of land located in part of the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

Beginning at a point on the North line of said Northeast Quarter, 400.0 feet West of the Northeast corner thereof; thence South and parallel to the East line of said Quarter a distance of 460.85 feet to the true point of beginning; thence South and parallel to said East line, a distance of 124.40 feet; thence West and parallel to the North line of said Quarter, a distance of 200.0 feet; thence North and parallel to said East line, a distance of 124.40 feet; thence East and parallel to said North line, a distance of 200.0 feet to the true point of beginning, except that part conveyed to the State of Missouri for highway purposes by deed recorded as Document No. B-65882. Containing approximately 22,057.43 square feet.

 

Tract 35

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, Clay County, Missouri, described as follows:

 

All of Lot 16, Block 2, Coomber Terrace, a subdivision in Kansas City, Clay County, Missouri. Containing approximately 6,049.67 square feet.

 


Tract 36

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, Clay County, Missouri, described as follows:

 

All of Lots 17, 18, and 19, Block 2, Coomber Terrace, a subdivision in Kansas City, Clay County, Missouri. Containing approximately 18,000 square feet.

 

Tract 37

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, Kansas City, Clay County, Missouri, described as follows:

 

All of Lots 20, 21, 22, and 23, Block 2, Coomber Terrace, a subdivision in Kansas City, Clay County, Missouri.

 

And

 

All of Lot 4, and the south half of Lot 3, Block 1, East Moscow, a subdivision in Kansas City, Clay County, Missouri.

 

And

 

All that part of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

Beginning at a point that is located 216.42 feet South, and 400.00 feet West of the Northwest corner of the Northwest Quarter of Section 8, Township 50, Range 32; thence East 140.0 feet; thence South 50.0 feet; thence West 140.0 feet; thence North 50.0 feet to the point of beginning. Subject to restrictions and easements of record, if any. Containing 39,487.07 square feet total.

 

Tract 38

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, Clay County, Missouri, described as follows:

 

Beginning at a point on the North line of said Northeast Quarter that is 400.0 feet West of the Northeast corner thereof; thence South and parallel to the East line of said Quarter a distance of 400.25 feet to the true point of beginning; thence continuing South and parallel to said East line a distance of 60.6 feet; thence West and parallel to the North line of said Quarter, a distance of 200.0 feet; thence North and parallel to said East line, a distance of 60.6 feet; thence East and parallel to said North line, a distance of 200.0 feet to the true point of beginning, except that part conveyed to the State of Missouri for highway purposes by deed recorded as Document No. B-65882. Containing 10,777.64 square feet.

 

Tract 39

 

A tract of land located in the Northeast Quarter of Section 7, Township 50, Range 32, Clay County, Missouri, described as follows:

 

Beginning at a point on the North line of said Northeast Quarter that is 400.0 West of the Northeast corner thereof; thence South and parallel to the East line of said Quarter, a distance of 250.25 feet to the true point of beginning of this tract; thence South and parallel to said East line, a distance of 150.0 feet; thence West and parallel to the North line of said Quarter, a distance of 200.0 feet; thence North and parallel to said East line, a distance of 150.0 feet; thence East and parallel to said North line, a distance of 200.0 feet to the true point of beginning of this tract, except that part conveyed to the State of Missouri for highway purposes by deed recorded as Document No. B-65882. Containing approximately 30,000 square feet.

 

Tract 40

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

Beginning at a point which is 125.0 feet South of the north line and 400.0 feet West of the East line of said Quarter Quarter section; thence South, parallel with the East line of said Quarter Quarter section, a distance of 125.5 feet; thence West, parallel with the North line of said Quarter Quarter section, a distance of 200.0 feet; thence North, parallel with the East line of said Quarter Quarter section, a distance of 50.25 feet; thence East, parallel with the North line of said Quarter Quarter section, a distance of 50.0 feet; thence North, parallel with the East line of said Quarter Quarter section, a distance of 75.0 feet; thence East, parallel with the North line of said Quarter Quarter section, a distance of 150.0 feet to the point of beginning, excepting that part in public road, and excepting that part condemned for park purposes by Kansas City, Missouri, in Case no. 23420, in the Circuit Court of Clay County, Missouri under ordinance No. 21676. Containing approximately18,642.35 square feet.

 


Tract 41

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

All of Lot 2, and the North 24.5 feet of Lot 3, Block 1, East Moscow, a subdivision in Kansas City, Clay County, Missouri. Containing approximately 8,820 square feet.

 

Tract 42

 

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 7, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows:

 

All of Lot 1, Block 1, East Moscow, a subdivision in Kansas City, Clay County, Missouri. Containing approximately 5,930.4 square feet.

 

Tract 44

 

That part of Section 6, Township 50, Range 32, described as follows:

 

All of Lots 1, 2, and 3, South Winnwood Addition, a subdivision in Kansas City, Clay County, Missouri. Containing 16,800 square feet.

 

Tract 45

 

That part of Section 6, Township 50, Range 32, described as follows:

 

All of Lot 4, South Winnwood Addition, a subdivision in Kansas City, Clay County, Missouri, and Part of Lot 10, Revised Plat of Block 11, Winnwood Beach, a subdivision in Kansas City, Clay County, Missouri: described as follows: Beginning at the Southwest corner of said Lot 10, and running thence North along the East line of State Highway, and West line of Lot 10, a distance of 32.4 feet; thence East 75.42 feet to a point on the South line of Lot 10; thence Southwest along the South line of Lot 10, a distance of 82.09 feet to the point of beginning, except any part in roadway. Containing 8,828.27 square feet.

 

Tract 46

 

That part of Section 6, Township 50, Range 32, described as follows:

 

That part of Lot 10, Revised Plat of Block 11, Winwood Beach, a subdivision in Kansas City, Clay County, Missouri; beginning at Northeast corner of Lot 4, South Winnwood, a subdivision in said city, county, and state; thence North along the extension of the East line of said Lot 4 South Winnwood, a distance of 61.0 feet; thence West to a point on the West line of said lot 10, which is 93.4 feet north of the Southwest corner thereof; thence South along said West to the Southwest corner thereof; thence East along the South line of said Lot 10 to the point of beginning, except that part conveyed by Warranty Deed recorded in Bk. 320, Pg. 208, in the office of the recorder of deeds of Clay County, Missouri; also except any part in roadway. Containing 6705.32 square feet.

 

Tract 47

 

That part of Section 6, Township 50, Range 32, described as follows:

All of Lot 9 and all that part of Lot 10, Revised Plat of Block 11, WINNWOOD BEACH a subdivision in Kansas City, Clay County, Missouri described as follows: Beginning at a point in the North line of said Lot 10 and 150.0 feet West of the Northeast corner thereof; thence South 0 degrees 30 minutes 52 seconds West and parallel to the East line of said Lot 10 a distance of 112.32 feet to the Northeast corner of a tract deeded to Chester M. Hamilton et ux., Bk. 491, Pg. 640; thence South 70 degrees 29 minutes 29 seconds West along the North line of said Hamilton tract, 127.74 feet to the Northeast corner of a tract deeded to M. G. Hawley, et ux., Bk. 491, Pg. 639; thence South 84 degrees 40 minutes 41 seconds West along the North line of said Hawley tract, 101.35 feet to a point in the West line of said Lot 10; thence North 0 degrees 57 minutes 25 seconds East along the West line of said Lot 10, 92.15 feet to the Southwest corner of Lot 9 in Revised Plat of Block 11, WINNWOOD BEACH; thence South 89 degrees 20 minutes 08 seconds East along the South line of Lot 9, 185.12 feet to the Southeast corner of said Lot 9; thence North 0 degrees 03 minutes 25 seconds East ,75.0 feet to the Northeast Corner of said Lot 9; thence South 89 degrees 20 minutes 08 seconds East along the North line of said Lot 10, 35.0 feet to the point of beginning. Containing 10,946.21 square feet.

 

Tract 48

 

That part of Section 6, Township 50, Range 32, described as follows:

 

All of Lot 8, Revised Plat of Block 11, WINNWOOD BEACH a subdivision in Kansas City, Clay County, Missouri. Containing 6,000 square feet.

 


Tract 54

 

That part of Section 6, Township 50, Range 32, described as follows:

 

All of Lots 9 through 16, Block 10, WINNWOOD BEACH, a subdivision in Kansas City, Clay County, Missouri, except that part taken by the City of Kansas City, Missouri, and except those portions condemned by the City of Kansas City, Missouri for park purposes in Suit No. 23420 in the Circuit Court of Clay County, Missouri. Containing 36,318.58 square feet.

 

Tract 55

 

That part of Section 6, Township 50, Range 32, described as follows:

 

All of Lot 8, Block 10, Winnwood Beach, a subdivision in Kansas City, Clay County, Missouri, except that part in roads, if any. Containing approximately 10,914 square feet.

 

Tracts 56 and 57

 

That part of Section 6, Township 50, Range 32, described as follows:

 

All of Lots 6 and 7, Block 10, Winnwood Beach, a subdivision in Kansas City, Clay County, Missouri, except for the East 112.0 feet, and except that part in roads, if any. Containing approximately 6562.84 square feet.

 

Tracts 58

 

That part of Section 6, Township 50, Range 32, described as follows:

 

The East 112.0 feet of Lots 6 and 7, Block 10, Winnwood Beach, a subdivision in Kansas City, Clay County, Missouri, except that part in roads, if any. Containing 5,600 square feet.

Section 5. That just compensation for the property interests taken shall be assessed and paid according to law; and the proceedings to determine compensation shall be prosecuted in one or more suits in the Circuit Court of Clay County, Missouri, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86.01 to 86.10 of the Rules of Civil Procedure. Payment of compensation shall be made by Kansas City from funds appropriated, or to be appropriated, for such purposes.

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

Section 8. That upon the effective date of this ordinance, the City Clerk is hereby directed to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Clay County, Missouri.

 

______________________________________________

 

Approved to as form and legality:

 

 

___________________________

Theodore T. Anderson

Assistant City Attorney