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Legislation #: 160685 Introduction Date: 9/22/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the condemnation and taking of private properties in fee simple for public use for Street Improvement Project No. 89008121 “Englewood Blvd Complete Streets Upgrade”, in the vicinity of Englewood Road, from NW Waukomis Drive east to 169 Highway, 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.

Legislation History
DateMinutesDescription
9/1/2016 Filed by the Clerk's office
9/22/2016 Referred to Transportation & Infrastructure Committee
9/29/2016 Do Pass
9/29/2016 Assigned to Third Read Calendar
10/6/2016 Passed

View Attachments
FileTypeSizeDescription
160685 Rcrd Info.pdf Recorded Info 620K 160685 Rcrd Info
160685.pdf Authenticated 533K Authenticated
pw 160685.pdf Other 1145K PW Presentation 160685
160685 Map.pdf Maps 1304K Englewood Blvd Complete Streets Upgrade - Platte County - map
160685 Photo.pdf Other 1589K Englewood Blvd Complete Streets Upgrade - Platte County air-photo
160685 Fact Sheet Englewood Blvd Upgrades.pdf Fact Sheet 67K 160685 Fact Sheet Englewd Blvd Upgrades

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ORDINANCE NO. 160685

 

Authorizing the condemnation and taking of private properties in fee simple for public use for Street Improvement Project No. 89008121 “Englewood Blvd Complete Streets Upgrade”, in the vicinity of Englewood Road, from NW Waukomis Drive east to 169 Highway, 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 “Englewood Blvd Complete Streets Upgrade” project in Kansas City, Platte County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the fee interest in private properties are hereby authorized condemned and taken for public use in and upon the land hereinafter described for Project No. 89008121 “Englewood Blvd Complete Streets Upgrade”, 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 shall be used by Kansas City as the location of 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 said properties for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements.

 

Section 4. That the private properties are hereby authorized condemned and taken for public use and hereby described as follows:

 


TRACT #2

 

(Lot 1, Block 2, BONNIE BROOK, a subdivision in Kansas City, Platte County, Missouri. Containing 17,771 square feet or 0.41 acres more or less.)

 

PERMANENT RIGHT OF WAY

 

Part of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northeast corner of said Lot 1; thence South 20°59'22" East, along the East line of said Lot 1, 28.87 feet; thence Southwesterly, along a curve to the left, having an initial tangent bearing of South 81°42'16" West with a radius of 75.00 feet, a central angle of 87°25'49" and an arc distance of 114.45 feet; thence South 05°43'33" East, 99.28 feet; thence South 69°03'29" West, 4.14 feet to a point on the West line of said Lot 1; thence North 05°43'33" West, along said West line, 210.49 feet to the Northwest corner of said Lot 1; thence South 89°33'31" East, along the North line of said Lot 1, 68.43 feet to the Point of Beginning.

 

Containing 4,150 square feet or 0.10 acres, more or less.

 

DRAINAGE EASEMENT

 

Part of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northeast corner of said Lot 1; thence South 20°59'22" East, along the East line of said Lot 1, 178.16 feet to the Southeast corner of said Lot 1; thence South 69°03'29" West, along the South line of said Lot 1, 91.09 feet to the Point of Beginning of the tract of land to be herein described; thence continuing South 69°03'29" West, along said South line, 13.51 feet; thence North 05°43'33" West, 96.56 feet; thence Northerly, along a curve to the right, being tangent to the last described course with a radius of 65.00 feet, a central angle of 52°30'20" and an arc distance of 59.57 feet; thence South 00°49'35" East, 145.12 feet to the Point of Beginning.

 

Containing 2,409 square feet or 0.06 acres, more or less.

 

TEMPORARY CONSTRUCTION EASEMENT

 

Part of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northeast corner of said Lot 1; thence South 20°59'22" East, along the East line of said Lot 1, 39.16 feet to the Point of Beginning of the tract of land to be herein described; thence Westerly, along a curve to the left, having an initial tangent bearing of South 83°41'53" West with a radius of 65.00 feet, a central angle of 15°41'04" and an arc distance of 17.79 feet; thence South 39°16'27" West, 31.61 feet; thence South 00°49'35" East, 133.55 feet to a point on the South line of said Lot 1; thence North 69°03'29" East, along said South line, 21.30 feet; thence North 00°49'35" West, 140.33 feet; thence South 89°33'31" East, 23.02 feet to a point on said East line; thence North 20°59'22" West, along said East line, 15.63 feet to the Point of Beginning.

 

Containing 3,098 square feet or 0.07 acres, more or less.

 

UTILITY EASEMENT

 

Part of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northeast corner of said Lot 1; thence South 20°59'22" East, along the East line of said Lot 1, 28.87 feet to the Point of Beginning of the tract of land to be herein described; thence Southwesterly, along a curve to the left, with an initial tangent bearing of South 81d42'16" West with a radius of 75.00 feet, a central angle of 87°25'49" and an arc distance of 114.45 feet; thence South 05°43'33" East, 99.28 feet to a point on the South line of said Lot 1; thence North 69°03'29" East, along said South line, 10.36 feet; thence North 05°43'33" West, 96.56 feet; thence Northeasterly, along a curve to the right, being tangent with the last described course with a radius of 65.00 feet, a central angle of 89°25'26" and an arc distance of 101.45 feet to a point on said East line; thence North 20°59'22" West along said East line, 10.29 feet to the Point of Beginning.

 

Containing 2,059 square feet or 0.05 acres, more or less.

 

WATER EASEMENT

 

Part of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northeast corner of said Lot 1; thence South 20°59'22" East, along the East line of said Lot 1, 39.16 feet; thence Westerly, along a curve to the left, having an initial tangent bearing of South 83°41'53" West with a radius of 65.00 feet, a central angle of 15°41'05" and an arc distance of 17.79 feet to the Point of Beginning of the tract of land to be herein described; thence South 39°16'27" West, 62.51 feet; thence Northeasterly along a curve to the right having an initial tangent bearing of North 10°32'05" East with a radius of 65.00 feet, a central angle of 57°28'43" and an arc distance of 65.21 feet to the Point of Beginning.

 

Containing 338 square feet or 0.01 acres, more or less.

 

TRACT #3

 

(Lot 2, Block 2, BONNIE BROOK, a subdivision in Kansas City, Platte County, Missouri. Containing 12,261 square feet or 0.28 acres more or less.)

 

PERMANENT RIGHT OF WAY

 

Part of Lot 2, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northeast Corner of said Lot 2; thence South 20°59'22" East, along the East line of said Lot 2, 27.93 feet; thence North 89°33'31" West, 68.84 feet; thence Westerly, along a curve to the left, being tangent to the last described course with a radius of 75.00 feet, a central angle of 08°44'13" and an arc distance of 11.44 feet to a point on the West line of said Lot 2; thence North 20°59'22" West, along said West line, 28.87 feet to a point on the North line of said lot 2; thence South 89°33'31" East, along said North line, 80.57 feet to the Point of Beginning.

 

Containing 2,098 square feet or 0.05 acres, more or less.

 

PERMANENT UTILITY EASEMENT

 

Part of Lot 2, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northeast Corner of said Lot 2; thence South 20°59'22" East, along the East line of said Lot 2, 27.93 feet to the Point of Beginning of the tract of land to be herein described; thence North 89°33'31" West, 68.84; thence Westerly, along a curve to the left, being tangent to the last described course with a radius of 75.00 feet, a central angle of 08°44'13" and an arc distance of 11.44 feet to a point on the West line of said Lot 2; thence South 20°59'22" East, along said West line, 10.29 feet; thence Easterly, along a curve to the right, with an initial tangent bearing of North 83°41’53” East with a radius of 65.00 feet, a central angle of 06°44'36" and an arc distance of 7.65 feet; thence South 89°33'31" East, 72.76 feet to a point on said East line; thence North 20°59'22" West, along said East line, 10.74 feet to the Point of Beginning.

 

Containing 803 square feet or 0.02 acres, more or less.

 

TEMPORARY CONSTRUCTION EASEMENT

 

Part of Lot 2, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northeast Corner of said Lot 2; thence South 20°59'22" East, along the East line of said Lot 2, 38.67 feet to the Point of Beginning of the tract of land to be herein described; thence continuing South 20°59'22" East along said East line, 16.11 feet; thence North 89°33'31" West, 80.57 feet to a point on the West line of said Lot 2; thence North 20°59'22" West, along said West line, 15.63 feet; thence Easterly, along a curve to the right, having an initial tangent bearing of North 83°41'53" East with a radius of 65.00 feet, a central angle of 06°44'36" and an arc distance of 7.65 feet; thence South 89°33'31" East, 72.76 feet to the Point of Beginning.

 

Containing 1,207 square feet or 0.03 acres, more or less.

 

TRACT #4

 

(Lot 3, Block 2, BONNIE BROOK, a subdivision in Kansas City, Platte County, Missouri. Containing 14,964 square feet or 0.34 acres more or less.)

 

PERMANENT RIGHT OF WAY

 

The North 26.00 feet of Lot 3, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri.

 

Containing 3,702 square feet or 0.08 acres more or less.

 


TRACT #6

 

(A tract of land in the Northeast Quarter of Section 33, Township 51, Range 33, Kansas City, Platte County, Missouri, described as follows: beginning at the Northeast corner of said Section 33; thence West along the North line of said Section 33, 938.66 feet to the center line of AA Highway, said center line being also the center line of Kansas City, Clay County and St. Joseph Railroad Company right-of-way, now abandoned; thence South 57 East and along the center line of said AA Highway, 629.75 feet; thence East, parallel with the North line of said Section 871.51 feet to a point in the East line of said Section; thence North along the East line of said Section, 626.24 feet to the point of beginning. Except Lots 1, 2, 3, 4, 5 & 6, Block 1, and Lots 1, 2, and 3, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri and that part in NW 55th Street and NW Waukomis Drive and in NW Englewood Road. Contains 270,485 square feet or 6.21 acres more or less.)

 

PERMANENT RIGHT OF WAY

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northeast corner of Lot 3, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri; thence North 00°26'29" East, along the South right-of-way line of Englewood Road, as now established, 5.00 feet; thence South 89°33'31" East, continuing on said South right-of-way line, 606.76 feet to a point on the East line of said Section 33; thence South 00°33'56" West, along said East line, 31.00 feet; thence North 89°33'31" West, 606.69 feet to a point on the East line of said Lot 3; thence North 00°26'29" East, along said East line, 26.00 feet to the Point of Beginning.

 

Containing 18,808 square feet or 0.43 acres, more or less.

 

DRAINAGE EASEMENTS – 3

 

Drainage Easement Description #1

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northeast corner of said Section 33; thence South 00°33'56" West, along the East line of said Section 33, 78.33 feet to the Point of Beginning of the tract of land to be herein described; thence continuing South 00°33'56" West, along said East Section line, 20.05 feet; thence South 86°19'32" West, 28.69 feet; thence South 03°40'28" East, 5.00 feet; thence South 86°19'32" West, 35.00 feet; thence North 03°40'28" West, 30.00 feet; thence North 86°19'32" East, 35.00 feet; thence South 03°40'28" East, 5.00 feet; thence North 86°19'32" East, 30.17 feet to the Point of Beginning.

 

Containing 1,639 square feet or 0.04 acres, more or less.

 


Drainage Easement Description #2

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northeast corner of said Section 33; thence South 00°33'56" West, along the East line of said Section 33, 61.00 feet; thence North 89°33'31" West, 91.72 feet to the Point of Beginning of the tract of land to be herein described; thence South 47°14'56" West, 28.72 feet; thence South 42°45'04" East, 10.00 feet; thence South 47°14'56" West, 70.00 feet; thence North 42°45'04" West, 40.00 feet; thence North 47°14'56" East, 33.89 feet; thence North 26°11'35" West, 25.17 feet; thence South 89°33'31" East, 79.08 feet to the Point of Beginning.

 

Containing 3,579 square feet or 0.08 acres, more or less.

 

Drainage Easement Description #3

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Southwest corner of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri; thence North 69°03'29" East, along the South line of said Lot 1, 6.72 feet to the Point of Beginning of the tract of land to be herein described; thence continuing North 69°03'29" East along said South line, 21.30 feet; thence South 00°49'35" East, 128.69 feet; thence South 89°10'25" West, 16.10 feet to a point on the East right-of-way line of NW Waukomis Drive, as now established; thence North 05°43'33" West, along said East right-of-way line, 45.61 feet; thence North 00°49'35" West, 75.92 feet to the Point of Beginning.

 

Containing 2,412 square feet or 0.06 acres, more or less.

 

TEMPORARY CONSTRUCTION EASEMENTS – 3

 

Temporary Construction Easement Description #1

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northeast corner of Lot 3, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri; thence South 00°26'29" West, along the East line of said Lot 3, 36.00 feet to the Point of Beginning of the tract of land to be herein described; thence South 89°33'31" East, 435.86 feet; thence South 26°11'35" East, 25.17 feet; thence South 47°14'56" West, 33.89 feet; thence South 42°45'04" East, 40.00 feet; thence North 47°14'56" East, 70.00 feet; thence North 42°45'04" West, 10.00 feet; thence North 47°14'56" East, 28.72 feet; thence South 89°33'31" East, 91.72 feet to a point on the East line of said Section 33; thence South 00°33'56" West, along said East line, 17.33 feet; thence South 86°19'32" West, 30.17 feet; thence North 03°40'28" West, 5.00 feet; thence South 86°19'32" West, 35.00 feet; thence South 03°40'28" East, 30.00 feet; thence North 86°19'32" East, 35.00 feet; thence North 03°40'28" West, 5.00 feet; thence North 86°19'32" East, 28.69 feet to a point on the East line of said Section 33; thence South 00°33'56" West, along said East line, 37.62 feet; thence North 89°33'31" West, 185.26 feet; thence North 42°45'04" West, 82.30 feet; thence North 89°33'31" West, 364.91 feet to a point on the East line of said Lot 3; thence North 00°26'29" East, along said East line, 15.00 feet to the Point of Beginning.

 

Containing 16,692 square feet or 0.38 acres, more or less.

 

Temporary Construction Easement Description #2

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Southwest corner of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri; thence North 69°03'29" East, along the South line of said Lot 1, 28.02 feet to the Point of Beginning of the tract of land to be herein described; thence continuing North 69°03'29" East along said South line, 21.30 feet; thence South 00°49'35" East, 136.01 feet; thence South 89°10'25" West, 20.00 feet; thence North 00°49'35" West, 128.69 feet to the Point of Beginning.

 

Containing 2,647 square feet or 0.06 acres, more or less.

 

Temporary Construction Easement Description #3

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Southwest corner of Lot 1, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri; thence North 69°03'29" East, along the South line of said Lot1, 6.72 feet; thence South 00°49'35" East, 75.92 feet to a point on the East right-of-way line of NW Waukomis Drive, as now established; thence North 05°43'33" West, along said East right-of-way line, 73.88 feet to the Point of Beginning.

 

Containing 240 square feet or 0.01 acres, more or less.

 

PERMANENT UTILITY EASEMENT

 

A tract of land in the Northeast Quarter of Section 33, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northeast corner of Lot 3, Block 2, BONNIE BROOK, a subdivision of land in Kansas City, Platte County, Missouri; thence South 00°26'29" West, along the East line of said Lot 3, 26.00 feet to the Point of Beginning of the tract of land to be herein described; thence South 89°33'31" East, 606.69 feet to a point on the East line of said Section 33; thence South 00°33'56" West, along said East line, 10.00 feet; thence North 89°33'31" West, 606.67 feet to a point on the East line of said Lot 3; thence North 00°26'29" East, along said East line, 10.00 feet to the Point of Beginning.

 

Containing 6,067 square feet or 0.14 acres, 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 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 same from condemnation proceedings.

 

Section 7. That said properties be condemned and conveyed to 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 for Platte County, Missouri.

 

 

_______________________________________

 

 

Approved as to form and legality:

 

 

___________________________________

Dustin Johnson

Assistant City Attorney