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Legislation #: 100059 Introduction Date: 1/21/2010
Type: Ordinance Effective Date: 2/21/2010
Sponsor: None
Title: Condemning and taking property rights on private properties for the construction and maintenance of Line Creek Trail, in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Improvement Management Office; and authorizing the City Clerk to record this ordinance in the Office of the Platte County Recorder.

Legislation History
DateMinutesDescription
1/20/2010 Filed by the Clerk's office
1/21/2010 Referred to Transportation and Infrastructure Committee
1/28/2010 Hold On Agenda (2/4/2010)
2/4/2010 Do Pass
2/4/2010 Add to Consent Docket
2/11/2010 Passed

View Attachments
FileTypeSizeDescription
100059.pdf Recorded Info 355K recorded
100059.pdf Authenticated 312K AUTHENTICATED
Factsheet Line Creek(condemn).xls Fact Sheet 31K fact sheet (Line Creek condmn)

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ORDINANCE NO. 100059

 

Condemning and taking property rights on private properties for the construction and maintenance of Line Creek Trail, in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Improvement Management Office; and authorizing the City Clerk to record this ordinance in the Office of the Platte County Recorder.

WHEREAS, the Council finds that fee simple property and pedestrian easements must be condemned for the purpose of locating, relocating, constructing and maintaining pedestrian trail and necessary appurtenances, grades, slopes and cutbacks in Kansas City, Platte County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Property and easements are hereby condemned and taken for public use in and upon the private lands hereinafter described, for Project Number 089020048, 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 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 fee simple property and Pedestrian Easements shall be used by Kansas City as the permanent location of trail 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 property and easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

There shall be reserved to the owners of the land in which such property rights are taken and condemned the right to use the land in any way which will not add or remove additional depth of overburden to the land, or place buildings, or any other structure or obstruction on the land that may interfere with the proper, safe and continuous use and maintenance of the facilities to be constructed in and upon such property.

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

Tract 9 – Pedestrian Easement

 

A strip of land 30 feet wide, to be used for public recreational purposes as part of the Metro Green regional recreational trails/greenway system, in the Northeast quarter of the Northwest quarter of Section 28, Township 51 North, Range 33 West, Kansas City, Platte County, Missouri, lying 15.0 feet on each side of the following described centerline. The sidelines which are running parallel with and 15.0 feet on each side of said centerline shall begin and terminate on the property lines.

 

Commencing at the Northeast corner of said Northwest quarter of Section 28; thence S0 deg. 13min. 35 sec. W, along the East line of said Northwest quarter, 396.00 feet; thence N88 deg. 47 min.15 sec. W, 399.75 feet to the Point of Beginning; thence N0 deg. 55 min. 43 sec. W, 45.04 feet; thence N16 deg. 41 min. 53 sec. W, 98.91 feet; thence N7 deg. 28 min. 19 sec. W, 112.42 feet; thence N16 deg. 07 min. 54 sec. W, 131.67 feet to the terminus, being N88 deg. 47 min. 15 sec. W, 481.61 feet from the said Northeast corner of the Northwest quarter of Section 28. Containing 11,641 Square Feet of Land, more or less.

 

Tract 10 – Pedestrian Easement

 

A strip of land 30 feet wide to be used for property access and public recreational purposes as part of the Metro Green regional recreational trails/greenway system in the Southwest quarter of Section 21, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri , lying 15.0 feet on each side of the following described centerline. The sidelines are running with and 15.0 feet on each side of said centerline shall begin and terminate on the property lines.

 

Commencing at the southwest corner of said section thence S 88 deg. 47 min. 15 sec. E along the south line of said section, a distance of 2048.15 feet to the Point of Beginning; thence N 35 deg. 46 min. 41 sec. W, a distance of 20.79 feet; thence on a curve to the Right having a radius of 100.00 feet, a distance of 44.54 feet; thence on a curve to the Left having a radius of 100.00 feet, a distance of 24.03 feet, thence N 24 deg. 02 min. 29 sec. W, a distance of 30.96 Feet; thence on a curve to the Right having a radius of 100.00 feet, a distance of 36.41 feet; thence N 03 deg. 10 min. 40 sec. W, a distance of 59.73 feet; thence on a curve to the Right having a radius of 100.00 feet, a distance of 53.40 feet; thence on a curve to the Left having a radius of 100.00 feet, a distance of 108.09 feet; thence on a curve to the Right having a radius of 300.00 feet, a distance of 50.98 feet; thence on a curve to the Left having a radius of 500.00 feet, a distance of 98.99 feet; thence N 36 deg. 07 min. 10 sec. W, a distance of 66.80 feet; thence on a curve to the Left to the Point of Terminus on the northern property line having a radius of 300.00 feet, a distance of 27.10 feet more or less. Except that part within existing street right of way, containing 18,657 square feet or 0.43 acres more or less.

Also:

 

A tract of land to be used for property access and public recreational purposes as part of the Metro Green regional recreational trails/greenway system in the Southwest quarter of Section 21, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri herein described:

 

Commencing at the southwest corner of said section thence S 88 deg. 47 min. 15 sec. E along the south line of said section, a distance of 2048.15 feet; thence N 35 deg. 46 min. 41 sec. W, a distance of 20.79 feet; thence on a curve to the Right having a radius of 100.00 feet, a distance of 44.54 feet; thence on a curve to the Left having a radius of 100.00 feet, a distance of 24.03 feet, thence N 24 deg. 02 min. 29 sec. W, a distance of 30.96 Feet; thence on a curve to the Right having a radius of 100.00 feet, a distance of 36.41 feet; thence N 03 deg. 10 min. 40 sec. W, a distance of 59.73 feet; thence on a curve to the Right having a radius of 100.00 feet, a distance of 53.40 feet; thence S 62 deg. 34 min. 20 sec. E, a distance of 15.00 feet to the Point of Beginning; thence N 83 deg. 06 min. 16 sec. E, a distance of 68.72 feet; thence N 34 deg. 30 min. 41 sec. W, a distance of 133.33 feet; thence on a curve to the Right having a radius of 115.00 feet, a distance of 124.30 feet to the Point of Beginning, containing 2,746 square feet or 0.06 acres more or less.

 

Tract 14 – Pedestrian Easement

 

A tract of land to be used for property access and public recreational purposes as part of the Metro Green regional recreational trails/greenway system in the Southwest quarter of Section 21, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri within a parcel of land recorded in book 857, page 109, instrument number 833 herein described:

 

Commencing at the southwest corner of said quarter section, thence N 00 deg. 36 min. 56 sec. E, along the west line of said quarter section, a distance of 738.89 feet, thence due east a distance of 1511.25 feet to the Point of Beginning, said point being a found iron bar standing as a property corner on the southerly property line of said parcel; thence N 48 deg. 50 min. 38 sec. E, a distance of 11.40 feet; thence on a non-tangential curve to the Right with a back tangent N 38 deg. 10 min. 10 sec. W, radius of 315.00 feet, a distance of 95.77 feet; thence N 20 deg. 44 min. 14 sec. W, a distance of 10.07 feet; thence on a curve to the Right having a radius of 315.00 feet, a distance of 102.12; thence N 02 deg. 09 min. 50 sec. W, a distance of 23.83 feet; thence on a curve to the Left having a radius of 285.00 feet, a distance of 77.46 feet; thence N 17 deg. 44 min. 03 sec. W, to the northern property line, a distance of 77.01 feet more or less; thence S 89 deg. 29 min. 32 sec. E, along the northern property line, a distance of 31.59 feet; thence S 17 deg. 44 min. 10 sec. E, a distance of 67.12 feet; thence on a curve to the Right, radius of 315.00 feet, a distance of 85.60 feet; thence S 02 deg. 09 min. 44 sec. E, a distance of 23.86 feet; thence on a curve to the Left, radius of 285.00 feet, a distance of 59.03 feet, a distance of 58.92 feet; thence on a curve to the Left having a radius of 35.00 feet, a distance of 60.33 feet; thence N 67 deg. 12 min. 06 sec. E, a distance of 13.75 feet; thence S 22 deg. 47 min. 58 sec. E, a distance of 26.01 feet; thence S 67 deg. 12 min. 55 sec. W, a distance of 11.96 feet; thence on a curve to the Left, radius of 35.00 feet, a distance of 62.15 feet; thence on a curve to the Left having a radius of 285.00 feet, a distance of 119.56 feet; thence S 57 deg. 52 min. 45 sec. E, a distance of 210.25 feet; thence to the southern property line on a curve to the Right, radius of 315.00 feet, a distance of 104.71 feet more or less; thence along the property lines of said parcel the following courses and distances; N 88 deg. 41 min. 14 sec. W, 43.48 feet; thence on a non-tangential curve to the Left with a back tangent N 45 deg. 38 min. 53 sec. W, radius of 205.20 feet, a distance of 42.83 feet; thence N 57 deg. 36 min. 26 sec. W, a distance of 268.19 feet; thence on a curve to the right having a radius of 263.59 feet, a distance of 75.62 feet to the Point of Beginning, containing 27,252 square feet or 0.63 acres more or less.

 

Tract 14 – Right of Way (Fee Simple)

 

Metro Green regional recreational trails/greenway system in the Southwest quarter of Section 21, Township 51 North, Range 33 West, in Kansas City, Platte County, Missouri within a parcel of land recorded in book 857, page 109, instrument number 833 herein described:

Commencing at the southwest corner of said quarter section, thence N 00 deg. 36 min. 56 sec. E, along the west line of said quarter section, a distance of 738.89 feet; thence S 90 deg. 00 min. 00 sec. E, a distance of 1511.25 feet to the Point of Beginning, said point being a found iron bar standing as a property corner on the southerly property line of said parcel; thence N 78 deg. 55 min. 53 sec. W, a distance of 176.79 feet; thence N 53 deg. 52 min. 16 sec. E, 152.97 feet; thence on a non-tangential curve to the Left with back tangent S 16 deg. 06 min. 28 sec. E, radius of 315.00 feet, a distance of 25.45 feet; thence S 20 deg. 44 min. 14 sec. E, 10.07 feet; thence on a curve to the Left, radius of 315.00 feet, a distance of 95.77 feet; thence S 48 deg. 50 min. 38 sec. W, 11.40 feet to the Point of Beginning, containing 10,094 square feet or 0.23 acres more or less.

Section 6. Compensation. That just compensation for the property rights to be condemned and taken as aforesaid 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, 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 7. Pending acquisition of the above described property rights by condemnation, the Director of Public Works or his agents are 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 acquired by negotiation and purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 8. That all property rights in the above described tracts be condemned and conveyed to Kansas City, Missouri.

Section 9. 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.

_______________________________________

Approved as to form and legality:

 

 

___________________________________

Theodore T. Anderson

Assistant City Attorney