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Legislation #: 100169 Introduction Date: 2/25/2010
Type: Ordinance Effective Date: 3/14/2010
Sponsor: None
Title: Condemning and taking private properties for the construction, relocation and maintenance of Phelps Road at 40 Highway, in Kansas City, Jackson County, Missouri; this includes providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management 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 file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

Legislation History
DateMinutesDescription
2/24/2010 Filed by the Clerk's office
2/25/2010 Referred to Transportation and Infrastructure Committee
3/4/2010 Advance and Do Pass, Consent
3/4/2010 Passed

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Factsheet 8143(condemn).xls Fact Sheet 49K cndmn fct sht 8143

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ORDINANCE NO. 100169

 

Condemning and taking private properties for the construction, relocation and maintenance of Phelps Road at 40 Highway, in Kansas City, Jackson County, Missouri; this includes providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management 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 file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

WHEREAS, the Council finds that Public Right-of-Way, and temporary easements must be condemned for the purpose of locating, relocating, constructing and maintaining streets, sewers, and necessary appurtenances, grades, slopes, and cutbacks in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Properties are hereby condemned and taken for public use in and upon the private lands hereinafter described, for Project Number 089008143.

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 by the City Engineer under the supervision of the Director of Public Works, the 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, and Temporary Construction Easements shall be used by Kansas City as the permanent location of the, street, sewer, storm drainage, and grading improvements to be constructed therein including any necessary appurtenances to it; and Kansas City shall have the right to enter in or authorize the entry in and upon such right of way, and easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 4. The Temporary Easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during the construction for utility construction work, the storage of materials, the operation of equipment, and the movement of a working force, as well as, grading and sloping, and the removal and replacement of temporary structures (such as storage sheds, mail boxes, etc.), fencing, trees and shrubbery, sidewalks and driveways.

Kansas City shall cause the surface of lands lying within said temporary easements to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon it, and said temporary easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works. Temporary construction easements will exist for a period of three years after acquisition.

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

Street Right of Way

STREET RIGHT OF WAY #1 (Tract 15)

A tract of land in the Northeast quarter of the Southwest quarter of Section 25, Township 49 North, Range 32 West, in Kansas City, Jackson County, Missouri described as follows:

Commencing at the Northwest Corner of the Northeast Quarter of the Southwest Quarter of Section 25, Township 49 North, Range 32 West, thence S 01 deg. 59 min. 49 sec. W along the western line of said quarter quarter section to the southerly right of way line of US 40, a distance of 46.15 feet; thence S 87 deg. 14 min. 32 sec. E along the southern right of way of US 40, a distance of 258.67 feet to the Point of Beginning; thence S 87 deg. 14 min. 32 sec. E along the southern right of way of US 40, a distance of 114.41 feet; thence S 39 deg. 34 min. 59 sec. W, a distance of 30.75 feet; thence on a non-tangential curve to the Left, a radius of 298.00 feet, a distance of 176.33 feet, with a chord that is S 19 deg. 11 min. 37 sec. E with a length of 173.77 feet; thence S 53 deg. 51 min. 18 sec. W, 5.00 feet; thence on a non-tangential curve to the Left, a radius of 303.00 feet, a distance of 101.35 feet, with a chord that is S 45 deg. 43 min. 39 sec. E with a length of 100.88 feet; thence on a curve to the Right having a radius of 363.00 feet, a distance of 47.15 feet; thence N 87 deg. 54 min. 13 sec. W, a distance of 101.85 feet; thence on a non-tangential curve to the Right, a radius of 363.00 feet, a distance of 82.55 feet, with a chord that is N 42 deg. 39 min. 36 sec. W with a length of 82.37 feet; thence S 53 deg. 51 min. 18 sec. W, a distance of 5.00 feet; thence on a non-tangential curve to the Right, a radius of 368.00 feet, a distance of 217.75 feet, with a chord that is N 19 deg. 11 min. 37 sec. W with a length of 214.59 feet; thence N 02 deg. 14 min. 33 sec. W, a distance of 9.36 feet; thence N 47 deg. 10 min. 34 sec. W, a distance of 33.23 feet to the Point of Beginning, containing 23,193 square feet or 0.53 acres more or less.

 


STREET RIGHT OF WAY #2 (Tract 15)

 

A tract of land in the Northeast quarter of the Southwest quarter of Section 25, Township 49 North, Range 32 West, in Kansas City, Jackson County, Missouri described as follows:

 

Commencing at the Northwest Corner of the Northeast Quarter of the Southwest Quarter of Section 25, Township 49 North, Range 32 West, thence S 01 deg. 59 min. 49 sec. W along the western line of said quarter quarter section to the northern line of the Camwood Subdivision, a distance of 531.03 feet; thence S 87 deg. 14 min. 07 sec. E along the northern line of the Camwood Subdivision, a distance of 568.71 feet to the Point of Beginning; thence N 09 deg. 30 min. 42 sec., a distance of 51.45 feet; thence S 87 deg. 54 min. 11 sec. E, a distance of 13.22 feet; thence S 09 deg. 50 min. 24 sec. E, a distance of 51.67 feet; thence N 87 deg. 14 min. 07 sec. W, a distance of 13.55 feet to the, containing 675 square feet or 0.02 acres more or less.

 

STREET RIGHT OF WAY (Tract 16)

 

Commencing at the Northwest Corner of the Northeast Quarter of the Southwest Quarter of Section 25, Township 49 North, Range 32 West; thence S 01 deg. 59 min. 49 sec. W along the western line of said quarter quarter section to the northern line of the Camwood Subdivision, a distance of 531.03 feet; thence S 87 deg. 14 min. 07 sec. E along the northern line of the Camwood Subdivision and beyond, a distance of 582.26 feet to a point on the westerly right of way of Phelps Road; thence N 09 deg. 50 min. 24 sec. W along the said westerly right of way, a distance of 51.67 to the Point of Beginning; thence N 87 deg. 54 min. 11 sec. W, a distance of 13.22 feet; thence N 09 deg. 30 min. 43 sec. W, a distance of 29.05 feet; thence on a non-tangential curve to the Left, a radius of 303.00 feet, a distance of 141.33 feet, with a chord that is N 41 deg. 56 min. 53 sec. W with a length of 140.05 feet; thence on a curve to the Right having a radius of 363.00 feet, a distance of 38.87 feet; thence S 87 deg. 54 min. 12 sec. E, a distance of 115.91 feet; thence S 09 deg. 50 min. 24 sec. E, a distance of 155.13 feet to the Point of Beginning, containing 7,085 square feet or 0.16 acres more or less.

Temporary Construction

TEMPORARY EASEMENT #1 (Tract 15)

 

Commencing at the Northwest Corner of the Northeast Quarter of the Southwest Quarter of Section 25, Township 49 North, Range 32 West; thence S 01 deg. 59 min. 49 sec. W along the western line of said quarter quarter section to the southerly right of way line of US 40, a distance of 46.15 feet; thence S 87 deg 14 min. 32 sec. E along the southern right of way of US 40, a distance of 258.67 feet to the Point of Beginning; thence S 47 deg. 10 min. 34 sec. E, a distance of 33.23 feet; thence S 02 deg. 14 min. 33 sec. E, 9.36 feet; thence on a curve to the Left having a radius of 368.00 feet, a distance of 217.75 feet; thence N 53 deg. 51 min. 18 sec. E, a distance of 5.00 feet; thence on a non-tangential curve to the Left, radius of 363.00 feet, a distance of 82.55 feet, with a chord that is S 42 deg. 39 min. 36 sec. E with a length of 82.37 feet; thence N 87 deg. 54 min. 12 sec. W, a distance of 33.76 feet; thence S 02 deg. 55 min. 19 sec. W, a distance of 10.62 feet; thence S 02 deg. 55 min. 20 sec. W, a distance of 13.09 feet; thence on a non-tangential curve to the Right, radius of 403.00 feet, a distance of 318.33 feet, with a chord that is N 24 deg. 52 min. 17 sec. W with a length of 310.12 feet; thence N 02 deg. 14 min. 32 sec. W, a distance of 33.89 feet; thence S 87 deg. 14 min. 33 sec. E, a distance of 11.58 feet to the Point of Beginning, subject to any easements and restrictions of record, containing 11,712 square feet or 0.05 acres more or less.

 

TEMPORARY EASEMENT #2 (Tract 15)

 

Commencing at the Northwest Corner of the Northeast Quarter of the Southwest Quarter of Section 25, Township 49 North, Range 32 West; thence S 01 deg. 59 min. 49 sec. W along the western line of said quarter quarter section to the southerly right of way line of US 40, a distance of 46.15 feet; thence S 87 deg. 14 min. 32 sec. E along the southern right of way of US 40, a distance of 373.08 feet to the Point of Beginning; thence S 87 deg. 14 min. 32 sec. E, a distance of 14.55 feet; thence S 18 deg. 41 min. 11 sec. E, a distance of 172.61 feet; thence S 37 deg. 29 min. 57 sec. E, a distance of 137.71 feet; thence S 09 deg. 50 min. 24 sec. E, a distance of 17.76 feet; thence N 87 deg. 54 min. 12 sec. W, a distance of 14.06 feet; thence on a non-tangential curve to the Left, radius of 363.00 feet, a distance of 47.15 feet, with a chord that is N 51 deg. 35 min. 22 sec. W with a length of 47.11 feet; thence on a curve to the Right having a radius of 303.00 feet, a distance of 101.35 feet; thence N 53 deg. 51 min. 18 sec. E, a distance of 5.00 feet; thence on a non-tangential curve to the Right, radius of 298.00 feet, a distance of 176.33 feet, with a chord that is N 19 deg. 11 min. 37 sec. W with a length of 173.77 feet; thence N 39 deg. 34 min. 59 sec. E, a distance of 30.75 feet to the Point of Beginning, subject to any easements and restrictions of record, containing 13,635 square feet or 0.31 acres more or less.

 

TEMPORARY EASEMENT #3 (Tract 15)

 

Commencing at the Northwest Corner of the Northeast Quarter of the Southwest Quarter of Section 25, Township 49 North, Range 32 West, thence S 01 deg. 59 min. 49 sec. W along the western line of said quarter quarter section to the northern line of the Camwood Subdivision, a distance of 531.03 feet; thence S 87 deg. 14 min. 07 sec. E along the northern line of the Camwood Subdivision, a distance of 568.71 feet to the Point of Beginning; thence N 27 deg. 34 min. 02 sec. W, a distance of 57.99 feet; thence S 87 deg. 54 min. 13 sec. E, a distance of 18.35 feet; thence S 09 deg. 30 min. 42 sec. E, a distance of 51.45 feet to the Point of Beginning, subject to any easements and restrictions of record, containing 462 square feet or 0.01 acres more or less.


TEMPORARY EASEMENT (Tract 16)

 

Quarter of Section 25, Township 49 North, Range 32 West; thence S 01 deg. 59 min Commencing at the Northwest Corner of the Northeast Quarter of the Southwest. 49 sec. W along the western line of said quarter quarter section to the northern line of the Camwood Subdivision, a distance of 531.03 feet; thence S 87 deg. 14 min. 07 sec. E along the northern line of the Camwood Subdivision and beyond, a distance of 582.26 feet to a point on the westerly right of way of Phelps Road; thence N 09 deg. 50 min. 24 sec. W along the said westerly right of way, a distance of 51.67; thence 87 deg. 54 min. 11 sec. W, a distance of 13.22 feet to the Point of Beginning; thence N 87 deg. 54 min. 13 sec. W, a distance of 18.35 feet; thence N 35 deg. 58 min. 22 sec. W, 69.55 feet; thence N 49 deg. 06 min. 05 sec. W, 137.89 feet; thence N 02 deg. 55 min. 19 sec. E, 10.62 feet; thence S 87 deg. 54 min. 12 sec. E, 33.76 feet; thence on a non-tangential curve to the Left, a radius of 363.00 feet, a distance of 38.87 feet, with a chord that is S 52 deg. 14 min. 33 sec. E with length of 38.85 feet; thence on a curve to the Right having a radius of 303.00 feet, a distance of 141.33 feet; thence S 09 deg. 30 min. 43 sec. E, a distance of 29.05 feet to the Point of Beginning, containing 6,389 square feet or 0.15 acres more or less.

Section 6. That just compensation for the property taken or damaged 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 Jackson County, Missouri at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1994, 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 7. That pending the acquisition of said lands by condemnation, the Director of City Development is hereby authorized to purchase said land out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

Section 8. That in widening said street certain public utility corporation easements may be included within the boundaries of the lands acquired for permanent easements described herein, and in that regard Kansas City reserves unto such public utility corporations the right to keep and maintain such physical improvements as are presently located within such easements in conformance with the street improvement to be made by the City. Where no such physical improvements are presently located within such easements, said corporations shall have the right to locate, construct and maintain their respective improvements, subject, however, to the rights acquired herein by the City to construct and maintain the street improvements within the limits of the said lands acquired for permanent easements described herein, and in conformance with the re-established grade of the street improvements.

Section 9. That the Street Right of Way, along with the Temporary Construction Easements in the above described tracts be condemned and conveyed to Kansas City, Missouri.

  Section 10. 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, Jackson County, Missouri.

_____________________________________________

 Approved as to form and legality:

 

 

__________________________________

Theodore T. Anderson

Assistant City Attorney