KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140432 Introduction Date: 5/29/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property in fee simple for public use as Right of Way along North Jackson Avenue, from Northeast Vivion Road to the Gladstone City limits, for street and storm sewer improvements project “N. Jackson Avenue Street _ Storm Sewer Improvements”, Project No. 89008251, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Department of Public Works; 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 Clay County, Missouri.

Legislation History
DateMinutesDescription
5/28/2014 Filed by the Clerk's office
5/29/2014 Referred to Transportation & Infrastructure Committee
6/5/2014 Advance and Do Pass, Debate
6/5/2014 Passed

View Attachments
FileTypeSizeDescription
140432 Rcrd Info.pdf Recorded Info 706K Recorded Info
140432.pdf Authenticated 647K Authenticated
140432 Fact Sheet.pdf Fact Sheet 90K Fact Sheet

Printer Friendly Version

ORDINANCE NO. 140432

 

Authorizing condemnation and taking of private property in fee simple for public use as Right of Way along North Jackson Avenue, from Northeast Vivion Road to the Gladstone City limits, for street and storm sewer improvements project “N. Jackson Avenue Street & Storm Sewer Improvements”, Project No. 89008251, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Department of Public Works; 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 Clay County, Missouri.

 

WHEREAS, the Council finds that the interest in private property must be condemned for public use for the construction and maintenance of city streets and storm sewers project “N. Jackson Avenue Street & Storm Sewer Improvements”, Project No. 89008251, in Kansas City, Clay County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the following described tracts of land are hereby authorized condemned and taken for public use as Storm Drainage Easements, Water Main Easements, and Temporary Construction Easements in a proceeding instituted in Clay County, Missouri, by the City Attorney for Project No. 89008251, “N. Jackson Avenue Street & Storm Sewer Improvements”, including any necessary structures or appurtenances, in Kansas City, Clay County, Missouri, and hereby described as follows:

 

Storm Drainage Easements

 

The 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 for Project No. 89008251, “N. Jackson Avenue Street & Storm Sewer Improvements”, in, under, upon, over, across, and through the following described tracts of land situated in Kansas City, Clay County, Missouri, to-wit:

 

Tract No. 2 - Storm Drainage Easement

 

All that part of Lot 1, COUNTRY CLUB, a subdivision in Kansas City, Clay County, Missouri, more particularly described as follows:

 

Beginning at the Southeast corner of said Lot 1; thence S 89 Degrees 44 Minutes 00 Seconds W, along the South line of said Lot 1, a distance of 25.17 feet; thence N 43 Degrees 12 Minutes 55 Seconds E, a distance of 37.34 feet, to a point on the East line of said Lot 1; thence S 0 Degrees 51 Minutes 04 Seconds W, along the East line of said Lot 1, a distance of 27.10 feet, to the Point of Beginning.

 

The above described tract of land contains 341 Sq. Ft. more or less.

 

Tract No. 28 - Storm Drainage Easement

 

All that part of Lot 13, Block 1, ADDITION TO FOXWOODS, a subdivision in Kansas City, Clay County, Missouri, more particularly described as follows:

Beginning at the Northwest corner of said Lot 13; thence S 55 Degrees 12 Minutes 43 Seconds E, along the Northeasterly line of said Lot 13, a distance of 42.99 feet; thence S 31 Degrees 33 Minutes 08 Seconds W, a distance of 133.80 feet, to a point on the South line of said Lot 13; thence N 63 Degrees 16 Minutes 25 Seconds W, along the South line of said Lot 13, a distance of 37.60 feet, to a point on the East line of a tract of land condemned for park purposes described in Book 647, Page 545 filed in the Recorder of Deeds Office, Clay County, Missouri; thence N 0 Degrees 51 Minutes 04 Seconds E, along the East line of said tract, a distance of 58.18 feet; to a point on the Northwesterly line of said Lot 13; thence N 46 Degrees 44 Minutes 05 Seconds E, along the Northwesterly line of said Lot 13, a distance of 92.60 feet, to the Point of Beginning.

The above described tract of land contains 7,425 Sq. Ft. more or less.

 

Tract No. 29 - Storm Drainage Easement

 

All that part of Lot 12, Block 1, ADDITION TO FOXWOODS, a subdivision in Kansas City, Clay County, Missouri, more particularly described as follows:

Commencing at the Northwest corner of said Lot 12; thence S 63 Degrees 16 Minutes 25 Seconds E, along the North line of said Lot 12, a distance of 44.45 feet, to a point on the East line of a tract of land condemned for park purposes described in book 647, Page 545, filed in the Recorder of Deeds Office, Clay County, Missouri, said point being the Point of Beginning; thence continuing S 63 Degrees 16 Minutes 25 Seconds E, along the North line of said Lot 12, a distance of 37.60 feet; thence S 31 Degrees 33 Minutes 08 Seconds W, a distance of 66.26 feet, to a point on the East line of said tract of land; thence N 0 Degrees 51 Minutes 04 Seconds E, along the East line of said tract, a distance of 73.38 feet, to the Point of Beginning.

The above described tract of land contains 1,241 Sq. Ft. more or less.

 

 

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.

 

Water Main Easements

 

The 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 for Project No. 89008251, “N. Jackson Avenue Street & Storm Sewer Improvements”, in, under, upon, over, across, and through the following described tracts of land situated in Kansas City, Clay County, Missouri, to-wit:

 

Tract No. 10 - Water Main Easement

 

The North 5.00 feet of Lot 12, BIG SHOAL ADDITION, a subdivision in Kansas City, Clay County, Missouri.

 

The above described tract of land contains 350 Sq. Ft. more or less.

 

By the granting of this easement, it shall not be construed to prohibit the Grantor from developing 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 Grantee 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 Grantee shall cause the surface of lands lying within this easement to be restored to substantially the same physical condition that existed at the time the Grantee or its agents entered upon it, 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 project number 89008251, “N. Jackson Avenue Street & Storm Sewer Improvements”, 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, and said temporary construction easements shall terminate 3 (three) years from the date said easement is acquired and recorded by the Recorder of Deeds in Clay County, or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

 

Tract No. 2 - Temporary Construction Easement

 

All that part of Lot 1, COUNTRY CLUB, a subdivision in Kansas City, Clay County, Missouri, more particularly described as follows:

 

Commencing at the Southeast corner of said Lot 1; thence S 89 Degrees 44 Minutes 00 Seconds W, along the South line of said Lot 1, a distance of 25.17 feet, to the Point of Beginning; thence continuing S 89 Degrees 44 Minutes 00 Seconds W, along the South line of said Lot 1, a distance of 38.85 feet; thence N 0 Degrees 51 Minutes 06 Seconds E, a distance of 8.71 feet; thence N 88 Degrees 48 Minutes 56 Seconds E, a distance of 18.01 feet; thence N 68 Degrees 13 Minutes 53 Seconds E, a distance of 26.00 feet; thence N 51 Degrees 22 Minutes 43 Seconds E, a distance of 22.02 feet; thence N 0 Degrees 51 Minutes 04 Seconds E, parallel to the East line of said Lot 1, a distance of 23.00 feet; thence S 89 Degrees 08 Minutes 56 Seconds E, perpendicular to the East line of said Lot 1, a distance of 5.00 feet, to a point on the East line of said Lot 1, said point to be known as Point A; thence S 0 Degrees 51 Minutes 04 Seconds W, along the East line of said Lot 1, a distance of 28.00 feet; thence S 43 Degrees 12 Minutes 55 Seconds W, a distance of 37.34 feet, to the Point of Beginning.

 

And Also;

 

Commencing at said Point A; thence N 0 Degrees 51 Minutes 04 Seconds E, along the East line of said Lot 1, a distance of 55.00 feet, to the Point of Beginning; thence N 89 Degrees 08 Minutes 56 Seconds W, perpendicular to the East line of said Lot 1, a distance of 13.00 feet; thence N 0 Degrees 51 Minutes 04 Seconds E, parallel with the East line of said Lot 1, a distance of 14.65 feet, to a point on the North line of said Lot 1; thence N 89 Degrees 44 Minutes 00 Seconds E, along the North line of said Lot 1, a distance of 13.00 feet, to the Northeast Corner of said Lot 1; thence S 0 Degrees 51 Minutes 04 Minutes W, along the East line of said Lot 1, a distance of 14.90 feet, to the Point of Beginning.

 

The above described tract of land contains 1,048 Sq. Ft. more or less.

 

The Temporary Construction Easements shall terminate 3 (three) years from the date said easement is acquired and recorded by the Recorder of Deeds in Clay County, or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

 

Tract No. 4 - Temporary Construction Easement

 

All that part of Lots 4 and 5, BIG SHOAL ADDITION, a subdivision in Kansas City, Clay County, Missouri, more particularly described as follows:

 

Beginning at the Northeast corner of said Lot 5; thence S 0 Degrees 51 Minutes 04 Seconds W, along the East line of said Lot 5, a distance of 29.00 feet, to the Southeast corner of a tract of land described in Book 4052, Page 898 as filed in the Recorder of Deeds Office, Clay County, Missouri; thence S 89 Degrees 44 Minutes 00 Seconds W, along the South line of said tract of land, said line being the South line of the North 29.00 feet of said Lot 5, a distance of 15.05 feet; thence N 23 Degrees 06 Minutes 41 Seconds W, a distance of 44.20 feet; thence N 0 Degrees 51 Minutes 04 Seconds E, parallel with the East line of said Lot 4, a distance of 28.26 feet, to a point on the North line of said tract of land, said line being the North line of the South 40.00 feet of said Lot 4; thence N 89 Degrees 44 Minutes 00 Seconds E, along the North line of said tract of land, a distance of 33.01 feet, to a point on the East line of said Lot 4; thence S 0 Degrees 51 Minutes 04 Seconds W, along the East line of said Lot 4, a distance of 40.00 feet, to the Point of Beginning.

 

The above described tract of land contains 1,911 Sq. Ft. more or less.

 

The Temporary Construction Easements shall terminate 3 (three) years from the date said easement is acquired and recorded by the Recorder of Deeds in Clay County, or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

 

Tract No. 18 - Temporary Construction Easement

 

All that part of Lot 1, Block 13, FOXWOODS BLOCKS 8 THRU 13, a subdivision in Kansas City, Clay County, Missouri, more particularly described as follows:

 

Beginning at the Southwest corner of said Lot 1; thence N 0 Degrees 51 Minutes 04 Seconds E, along the West line of said Lot 1, a distance of 46.66 feet; thence S 89 Degrees 08 Minutes 56 Seconds E, parallel with the South line of said Lot 1, a distance of 17.01 feet; thence S 0 Degrees 51 Minutes 04 Seconds W, parallel with the West line of said Lot 1, a distance of 46.66 feet, to a point on the South line of said Lot 1; thence N 89 Degrees 08 Minutes 56 Seconds W, along the South line of said Lot 1, a distance of 17.01 feet, to the Point of Beginning.

 

The above described tract of land contains 794 Sq. Ft. more or less.

 

The Temporary Construction Easements shall terminate 3 (three) years from the date said easement is acquired and recorded by the Recorder of Deeds in Clay County, or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

 

Tract No. 19 - Temporary Construction Easement

 

The West 22.00 feet of Lot 1, Block 9, FOXWOODS BLOCKS 8 THRU 13, a subdivision in Kansas City, Clay County, Missouri.

 

The above described tract of land contains 2,261 Sq. Ft. more or less.

 

The Temporary Construction Easements shall terminate 3 (three) years from the date said easement is acquired and recorded by the Recorder of Deeds in Clay County, or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

 

Tract No. 30 - Temporary Construction Easement

 

All that part of Lot 9, Block 1, ADDITION TO FOXWOODS, a subdivision in Kansas City, Clay County, Missouri, more particularly described as follows:

 

Commencing at the Northwest corner of said Lot 9; thence S 68 Degrees 05 Minutes 03 Seconds E, along the North line of said Lot 9, a distance of 42.86 feet, to a point on the East line of a tract of land condemned for park purposes described in Book 647, Page 545, filed in the Recorder of Deeds Office, Clay County, Missouri, said point being the Point of Beginning; thence S 45 Degrees 06 Minutes 41 Seconds E, a distance of 34.78 feet; thence S 0 Degrees 51 Minutes 04 Seconds W, parallel with the west line of said Lot 9, a distance of 50.00 feet; thence S 9 Degrees 22 Minutes 55 Seconds W, a distance of 30.03 feet, to a point on the South line of said Lot 9; thence N 71 Degrees 29 Minutes 08 Seconds W, along the South line of said Lot 9, a distance of 21.57 feet, to a point on the East line of said tract of land; thence N 0 Degrees 51 Minutes 04 Seconds E, along the East line of said tract, a distance of 97.33 feet, to the Point of Beginning.

The above described tract of land contains 2,162 Sq. Ft. more or less.

 

The Temporary Construction Easements shall terminate 3 (three) years from the date said easement is acquired and recorded by the Recorder of Deeds in Clay County, or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

 

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, the same being on file in the Office of the Director of Public Works, and being incorporated herein by reference.

 

Section 3. That the property shall be used by Kansas City as 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 property for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements and utilities.

 

Section 4. That just compensation for the property 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 for such purposes.

 

Section 5. That pending the acquisition of said property by condemnation, the Director of Public Works is hereby authorized to negotiate the purchase of said property and pay for it 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 6. That said property be condemned and conveyed to Kansas City, Missouri, in fee simple.

 

Section 7. 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 Clay County, Missouri.

 

_____________________________________________

 

Approved as to form and legality:

 

_______________________________

Theodore T. Anderson

Assistant City Attorney