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Legislation #: 080225 Introduction Date: 2/28/2008
Type: Ordinance Effective Date: 3/16/2008
Sponsor: None
Title: Condemning and taking private property in fee simple interest, for the public purpose of acquiring street right of way for the widening and improving of N.W. Hampton Road from the intersection of N.W. Hampton Road and Missouri Highway 152, to a point 1,300 feet east of said intersection and for replacing the bridge 826 feet east of said intersection, all in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the City of Kansas City, Missouri; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of said City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri.

Legislation History
DateMinutesDescription
2/26/2008 Filed by the Clerk's office
2/28/2008 Referred to Transportation and Infrastructure Committee
3/5/2008 Advance and Do Pass, Debate
3/6/2008 Passed

View Attachments
FileTypeSizeDescription
080225.pdf Recorded Information Certificate Easement 201K recorded
080225.pdf Authenticated 162K Authenticated
NW Hampton Worksheet in Condemnation Fact Sheet.xls Fact Sheet 240K Fact Sheet

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ORDINANCE NO. 080225

 

Condemning and taking private property in fee simple interest, for the public purpose of acquiring street right of way for the widening and improving of N.W. Hampton Road from the intersection of N.W. Hampton Road and Missouri Highway 152, to a point 1,300 feet east of said intersection and for replacing the bridge 826 feet east of said intersection, all in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the City of Kansas City, Missouri; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of said City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri.

 

WHEREAS, the Council finds that private property must be condemned for the purpose of acquiring street right of way to widen and improve N.W. Hampton Road and replace a bridge there on, all in Kansas City, Platte County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of lands for street right of way: That private property is hereby condemned and taken for public use as street right of way, for the location, construction, reconstruction, maintenance, operation and repair of public roadways, bridges, and related appurtenances on N.W. Hampton Road from the intersection of N.W. Hampton Road and Missouri Highway 152, to a point 1,300 feet east of said intersection, in and upon the private lands hereinafter described as Right of Way, 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 Public Works and identified as Project No. 89005500, N.W. Hampton Road, same being on file in the Office of the Director of Public Works and being incorporated herein by reference.


Section 3. The street right of way shall be used by Kansas City as the permanent location of said street and bridge improvements including any necessary appurtenances to it; and Kansas City or its authorized agents, servants, employees or contractors shall have the right to enter in and upon, or authorize the entry in and upon, said right of way, for the purpose of construction, reconstruction, maintenance, operation and repair of said improvements; and with Kansas City's permission, utility companies franchised to operate in Kansas City, Missouri, shall have the right to enter in and upon, or authorize the entry in and upon, said right of way, to locate, construct, reconstruct, operate, repair and maintain facilities including, but not limited to, water, gas, electricity, sewerage, telephone, cable TV, drainage, underground conduits, pad mounted transformers, service pedestals, poles, pipes, ducts and wires, and make connections thereto.

Tract 2 Street Right Of Way

A tract of land situated in a portion of the Northeast Quarter of Section 8, Township 51 North, Range 34 West of the Fifth Principal Meridian in the City of Kansas City, Platte 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 8; thence North 00 degrees 12 minutes 00 seconds, East 694.13 feet, along the East line of the Northeast Quarter of said Section 8, to a point on the Northerly right-of-way line of Missouri State Highway No. 152, as now established; thence South 68 degrees 21 minutes 53 seconds, West 100.49 feet, along said Northerly right-of-way line, to the true point of beginning; thence South 68 degrees 21 minutes 53 seconds, West 50.00 feet along said Northerly right-of-way line; thence North 21 degrees 38 minutes 07 seconds, West 60.00 feet along said Northerly right-of-way line; thence South 89 degrees 19 minutes 14 seconds, West 70.41 feet, along said Northerly right-of-way line, to a point the Easterly right-of-way line of N.W. Hampton Road, as no established; thence North 10 degrees 19 minutes 11 seconds, West 179.43 feet, along said Easterly right-of-way line, to a point on the Northeasterly right-of-way line of N.W. Hampton Road, as now established; thence North 29 degrees 02 minutes 11 seconds, West 516.62 feet, along said Northeasterly right-of-way line, to a point on the North line of a certain tract of land conveyed by Warranty Deed recorded in Book 173 at Page 81; thence South 89 degrees 48 minutes 00 seconds, East 74.67 feet along said North line; thence South 29 degrees 09 minutes 28 seconds, East 631.79 feet; thence South 19 degrees 16 minutes 13 seconds, East 119.42 feet to the true point of beginning of the tract herein described, containing 55,025 square feet or 1.2632 acres, more or less.

Section 4. Compensation. That just compensation for the properties to be condemned and taken as afore said shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City from funds appropriated or to be appropriated for said purpose, and proceedings therefore shall be instituted and prosecuted in the Circuit Court of Missouri, Platte County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86.01 to 86.10 of the Missouri Rules of Civil Procedure.

Section 5. Pending acquisition of the above described street right of way by condemnation, the Director of City Development is hereby authorized to purchase said street right of way and to pay for it out of funds available or to be made available. The City Attorney is hereby authorized and directed to file the petition for condemnation on behalf of the City in the Platte County Circuit Court. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 6. That upon the effective date of this ordinance, the City Clerk is hereby direct cause this ordinance to be recorded in the office of the Recorder of Deeds for Platte County Missouri.

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 Approved as to form and legality:

 

 

_______________________________

Theodore T. Anderson

Assistant City Attorney