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Legislation #: 090422 Introduction Date: 5/21/2009
Type: Ordinance Effective Date: 6/21/2009
Sponsor: None
Title: Amending Ordinance No. 070421, which authorized continued negotiations and the filing of a petition in condemnation on properties needed for public use on N. Brighton Avenue between N.E. Vivion Road and N.E. 58th Street to accurately reflect which properties were taken by condemnation; and directing the City Clerk to record this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
5/19/2009 Filed by the Clerk's office
5/21/2009 Referred to Transportation and Infrastructure Committee
6/4/2009 Do Pass
6/4/2009 Add to Consent Docket
6/11/2009 Passed

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090422.pdf Recorded Info 585K RECORDED
090422.pdf Authenticated 531K Authenticated
Excel_FACTSHT(1) Templete.xls Fact Sheet 39K Fact sheet for amending Ordinance 070421

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ORDINANCE NO. 090422

 

Amending Ordinance No. 070421, which authorized continued negotiations and the filing of a petition in condemnation on properties needed for public use on N. Brighton Avenue between N.E. Vivion Road and N.E. 58th Street to accurately reflect which properties were taken by condemnation; and directing the City Clerk to record this ordinance with the Recorder of Deeds in Clay County, Missouri.

 

WHEREAS, Section 4 of Ordinance No. 070421 contained legal descriptions and real estate rights needed but not yet acquired on certain property in Clay County for Project 2675, North Brighton Road Improvements; and

 

WHEREAS, the rights on tracts 3 and 5 were acquired by negotiation and purchase prior to the City filing the petition in condemnation and so were not included in the condemnation; and

 

WHEREAS, the owner of tracts 3 and 5 are concerned that the Citys lingering authority to condemn is a cloud on the title for such tracts; and

 

WHEREAS, said right to condemn tracts 3 and 5 are surplus to the Citys needs; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 4 of Ordinance No. 070421 is hereby amended and restated, to read as follows: Section 4. The temporary easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during the construction for grading and sloping, removal and replacement of storage sheds, fencing, trees and shrubbery, sidewalks and driveways, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force.


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.

 

There shall be reserved to the owners of the land in which such water main, and sewer easements are taken and condemned the right to use the land in any way which will not interfere with the proper, safe and continuous use of the sewer facilities to be constructed in and upon such easements.

 

The street right of way, water main easements, retaining wall easements, and temporary construction easements are hereby condemned and taken for public use and hereby described as follows:

 

Street Right of Way, Tracts 6, 9, and 10

 

A parcel of land situated in a portion of the North 125.00 feet of Lot 17 and Lots 18, 19, 20, 21, 22, 23, 24 and 25, Block 16, KANSAS CITY SUBURBAN ACREAGE ESTATES, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 25, said point being on the East right-of-way line of North Brighton Avenue, as now established, and the South right-of-way line of N.E. 53rd Street, as now established; Thence South 893617 East 25.00 feet along said South right-of-way line; Thence South 004223 West 409.82 feet, along a line 25.00 feet East of and parallel with said East right-of-way line, to a point on the South line of the North 125.00 feet of said Lot 17; Thence South 883148 West 25.02 feet, along said South line, to a point on said East right-of-way line; Thence North 004223 East 410.63 feet, along said East right-of-way line, to the point of beginning of the parcel herein described, containing 10,256 square feet or 0.2354 acres, more or less.

 

Temporary construction easement, Tracts 6, 9, and 10

 

A tract of land in Lots 20, 21, 22, 23, 24 and 25, Block 16, Kansas City Suburban Acreage Estates Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows: Commencing at the Northwest Corner of said Lot 25; thence East along the North Line of said Lot 25 a distance of 25.00 feet for a Point of Beginning; thence continuing East along the North Line of said Lot 25 a distance of 20.00 feet; thence South and parallel to the West Line of said Lots 20-25 a distance of 179.17 feet to the South Line of said Lot 21; thence West along the South Line of said Lot 21 a distance of 10.00 feet; thence Southwesterly a distance of 28.95 feet to a point that is 25.00 feet East and 26.78 feet South of the Northwest Corner of said Lot 20; thence North and parallel to the West Line of said Lots 20-25 a distance of 206.60 feet to the Point of Beginning, containing 3,723.7 square feet, more or less, all in the City of Kansas City, Clay County, Missouri

 

and

 

A tract of land in the North 125.00 feet of Lots 16 & 17 and in Lot 18, Block 16, Kansas City Suburban Acreage Estates Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Commencing at the Northwest Corner of said Lot 18; thence East along the North Line of said Lot 18 a distance of 25.00 feet for a Point of Beginning; thence continuing along the North Line of said Lot 18 a distance of 10.00 feet; thence South and parallel to the West Line of said Lots 17 & 18 a distance of 112.00 feet; thence East a distance of 25.00 feet; thence South and parallel to the West Line of said Lots 17 & 18 a distance of 40.00 feet; thence West a distance of 21.50 feet; thence South and parallel to the West Line of said Lots 17 & 18 a distance of 7.70 feet to the South Line of the North 125.00 feet of said Lot 17, thence West along the South Line of the North 125.00 feet of said Lot 17 a distance of 13.50 feet; thence North and parallel to the West Line of said Lots 17 & 18 a distance of 160.22 feet to the Point of Beginning, containing 2,627.5 square feet, more or less, all in the City of Kansas City, Clay County, Missouri.

 

Street Right of Way, Tract 8

 

The East 25.00 feet of Lot 11, Sugar Tree Hall Annex Subdivision, containing 4,111.8 square feet, more or less.

 

Water main easement, Tract 8

 

The West 10.00 feet of the East 35.00 feet of Lot 11, Sugar Tree Hall Annex Subdivision, containing 1644.7 square feet.

 

Temporary construction easement, Tract 8

 

The West 72.00 feet of the East 107.00 feet of Lot 11, Sugar Tree Hall Annex Subdivision, containing 11,841.8 square feet, more or less.

 

Temporary Construction Easement, Tract 23

 

A tract of land in Lots 3 & 4, Block 20, Kansas City Suburban Acreage Estates, a subdivision in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Beginning at the Southwest Corner of said Lot 3; thence in a Northerly direction along the West Line of said Lots 3 & 4 a distance of 80.00 feet to the Northwest Corner of said Lot 4; thence East along the North Line of said Lot 4 a distance of 6.07 feet; thence South a distance of 39.67 feet to the North Line of said Lot 3; thence East along the North Line of said Lot 3 a distance of 20.00 feet; thence South a distance of 39.67 feet to the South Line of said Lot 3; thence West along the South Line of said Lot 3 a distance of 36.30 feet to the Point of Beginning, containing 1,680.8 square feet, more or less, all in the City of Kansas City, Clay County, Missouri.

 

Street Right of Way, Tracts 30

 

A tract of land in Tract A, Eagle Heights Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Beginning at the Northeast Corner of said Tract A; thence South 0008'04" West along the East Line of said Tract A, a distance of 813.46 feet to the Southeast Corner of said Tract A; thence North 8953'11" West along the South Line of said Tract A, a distance of 7.75 feet; thence North 0042'22" West a distance of 494.25 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 310.88 feet; thence North 0107'20" East a distance of 8.38 feet to the North Line of said Tract A; thence South 8953'11" East along the North Line of said Tract A, a distance of 14.86 feet to the Point of Beginning, containing 10,409.0 square feet, more or less.

 

Water main easement, Tracts 30

 

A tract of land in Tract A, Eagle Heights Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Commencing at the Northeast Corner of said Tract A; thence North 8953'11" West along the North Line of said Tract A, a distance of 14.86 feet for a Point of Beginning; thence South 0107'20" West a distance of 8.38 feet; thence South 0008'04" West and parallel to the East Line of said Tract A, a distance of 310.88 feet; thence South 0042'22" East a distance of 494.25 feet to the South Line of said Tract A; thence North 8953'11" West along the South Line of said Tract A, a distance of 10.00 feet; thence North 0042'22" West a distance of 494.18 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 311.04 feet; thence North 0107'20" East a distance of 8.29 feet to the North Line of said Tract A; thence South 8953'11" East along the North Line of said Tract A, a distance of 10.00 feet to the Point of Beginning, containing 8,135.1 square feet, more or less.

 

Temporary construction easement, Tracts 30

 

A tract of land in Tract A, Eagle Heights Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Commencing at the Northeast Corner of said Tract A; thence North 8953'11" West along the North Line of said Tract A, a distance of 24.86 feet for a Point of Beginning; thence South 0107'20" West a distance of 8.29 feet; thence South 0008'04" West and parallel to the East Line of said Tract A, a distance of 311.04 feet; thence South 0042'22" East a distance of 494.18 feet to the South Line of said Tract A; thence North 8953'11" West along the South Line of said Tract A, a distance of 60.00 feet; thence North 0042'22" West a distance of 118.80 feet; thence South 8951'56" East a distance of 45.00 feet; thence North 0042'22" West a distance of 203.93 feet; thence North 8917'38" East a distance of 5.00 feet; thence North 0042'22" West a distance of 171.33 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 253.71 feet; thence North 8951'56" West a distance of 91.00 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 65.65 feet to the North Line of said Tract A; thence South 8953'11" East along the North Line of said Tract A, a distance of 101.14 feet to the Point of Beginning, containing 21,071.2 square feet, more or less.

 

Temporary construction easement, Tract 34

 

A tract of land in Lot 24, Brian's Ridge Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Beginning at the Northeast Corner of said Lot 24; thence South along the East Line of said Lot 24 a distance of 12.00 feet; thence West and parallel to the North Line of said Lot 24 a distance of 70.00 feet; thence South and parallel to the East Line of said Lot 24 a distance of 60.54 feet to the West Line of said Lot 24; thence Northwesterly along the West Line of said Lot 24 a distance of 55.64 feet; thence on a curve to the right with a Radius of 15.00 feet, an Arc Length of 28.32 feet and a Delta Angle of 10810'59" to the North Line of said Lot 24; thence East along the North Line of said Lot 24 a distance of 73.12 feet to the Point of Beginning, containing 1,606.1 square feet, more or less.

 

Street Right of Way, Tract 36

 

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 56th Place, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 895701 East 30.57 feet, along said South right-of-way line, to the beginning of a non-tangent curve concave to the Southeast having a radius of 25.00 feet; thence Southwesterly 39.60 feet along said curve to the left having a chord bearing South 444018 West 35.59 feet; thence South 004222 East 114.88 feet to a point on the South line of said Lot 1; thence North 891737 West 7.27 feet, along said South line, to a point on said East right-of-way line; thence North 000804 East 140.12 feet, along said East right-of-way line, to the point of beginning of the parcel herein described, containing 1,013 square feet or 0.0233 acres, more or less.

 

Retaining wall easement, Tract 36

 

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel 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 Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 56th Place, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 10.25 feet along said East right-of-way line; thence South 895156 East 10.39 feet, along a line perpendicular to said East right-of-way line, to a point on a non-tangent curve concave to the East having a radius of 25.00 feet, said point also being the true point of beginning; thence South 004222 East 34.70 feet; thence South 891738 West 5.00 feet; thence North 004222 West 19.70 feet to the beginning of a curve concave to the East having a radius of 25.00 feet; thence Northerly 16.09 feet, along said curve to the right having a chord bearing North 174343 East 15.81 feet, to the true point of beginning of the parcel herein described, containing 150 square feet or 0.0034 acres, more or less.

 

and

 

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel 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 Southwest corner of said Lot 1, said point being on the East right-of-way line of North Brighton Avenue, as now established; thence South 891737 East 7.27 feet, along the South line of said Lot 1, to the true point of beginning; thence North 004222 West 25.18 feet; thence North 891738 East 5.00 feet; thence South 004222 East 25.31 feet to a point on the South line of said Lot 1; thence North 891737 West 5.00 feet, along said South line, to the true point of beginning of the parcel herein described, containing 126 square feet or 0.0029 acres, more or less.

 

Temporary construction easement, Tract 36

 

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel 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 Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 56th Place, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 10.25 feet along said East right-of-way line; thence South 895156 East 10.39 feet, along a line perpendicular to said East right-of-way line, to a point on a non-tangent curve concave to the Southeast having a radius of 25.00 feet, said point also being the true point of beginning; thence Northeasterly 4.01 feet along said curve to the right having a chord bearing North 404542 East 4.01 feet; thence South 000804 West 133.04 feet, along a line 12.97 feet East of and parallel with said East right-of-way line, to a point on the South line of said Lot 1; thence North 891737 West 0.70 feet along said South line; thence North 004222 West 25.31 feet; thence South 891738 West 5.00 feet; thence North 004222 West 70.00 feet; thence North 891738 East 5.00 feet; thence North 004222 West 34.70 feet to the true point of beginning of the parcel herein described, containing 569 square feet or 0.0131 acres, more or less. Except that part lying in existing utility easements.

 

Street Right of Way, Tract 47

 

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 57th Street, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 895701 East 24.94 feet, along said South right-of-way line, to the beginning of a non-tangent curve concave to the Southeast having a radius of 25.00 feet; thence Southwesterly 39.21 feet along said curve to the left having a chord bearing South 450415 West 35.32 feet, to a point on said East right-of-way line; thence North 000804 East 24.96 feet, along said East right-of-way line, to the point of beginning of the parcel herein described, containing 134 square feet or 0.0031 acres, more or less.

 

Retaining wall easement, Tract 47

 

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel 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 Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 57th Street, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 24.96 feet, along said East right-of-way line, to the beginning of a non-tangent curve concave to the East having a radius of 25.00 feet, said point also being the true point of beginning; thence Northerly 16.09 feet, along said curve to the right having a chord bearing North 183410 East 15.81 feet, to a point 5.00 feet East of and at right angles to said East right-of-way line; thence South 000804 West 41.52 along a line 5.00 feet East of and parallel with said East right-of-way line; thence South 895156 East 17.03 feet; thence South 000804 West 10.00 feet along a line parallel with said East right-of-way line; thence North 895156 West 22.03 feet to a point on said East right-of-way line; thence North 000804 East 36.52 feet, along said East right-of-way line, to the true point of beginning of the parcel herein described, containing 404 square feet or 0.0093 acres, more or less.

 

Temporary construction easement, Tract 47

 

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northeast corner of said Lot 1, said point being on the South right-of-way line of N.E. 57th Street, as now established; thence South 000257 West 16.00 feet along the East line of said Lot 1; thence North 895701 West 67.00 feet, along a line 16.00 feet South of and parallel with said South right-of-way line, to a point 12.00 feet East of and at right angles to the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 34.14 along a line 12.00 feet East of and parallel with said East right-of-way line; thence South 895154 East 7.00 feet to a point 19.00 feet East of and at right angles to said East right-of-way line; thence South 000804 West 1.36 feet along a line 19.00 feet East of and parallel with said East right-of-way line; thence North 895156 West 14.00 feet to a point 5.00 feet East of and at right angles to said East right-of-way line; thence North 000804 East 41.52 feet, along a line 5.00 feet East of and parallel with said East right-of-way line, to a point on a non-tangent curve concave to the Southeast having a radius of 25.00 feet; thence Northeasterly 23.13 feet along said curve to the right having a chord bearing North 633020 East 22.31 feet, to a point on said South right-of-way line; thence South 895701 East 54.04 feet, along said South right-of-way line, to the point of beginning of the parcel herein described, containing 1,382 square feet or 0.0317 acres, more or less.

 

Except that part lying in existing utility easements.

 

and

 

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Southwest corner of said Lot 1, said point being on the East right-of-way line of North Brighton Avenue, as now established; thence North 000804 East 58.52 feet; thence South 895156 East 19.00 feet; thence South 000804 West 25.64 feet along a line 19.00 feet East of and parallel with said East right-of-way line; thence North 895154 West 7.00 feet to a point 12.00 feet East of and at right angles to said East right-of-way line; thence South 000804 West 32.86 feet, along a line 12.00 feet East of and parallel with said East right-of-way line, to a point on the South line of said Lot 1; thence North 895701 West 12.00 feet, along said South line, to the point of beginning of the parcel herein described, containing 882 square feet or 0.0202 acres, more or less. Except that part lying in existing utility easements.

 

  Section 2. 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 in Clay County, Missouri.

 

_________________________________________________________

 

Approved as to form and legality:

 

 

________________________________

Theodore T. Anderson

Assistant City Attorney