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Legislation #: 180735 Introduction Date: 9/20/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property interests for public use for Permanent Pedestrian Right-of-Way Easement purposes for the construction, location and maintenance of Project No. 89020048, “Route 152 Trail Segment 12,” from Northwest Anglia Street east to Maplewoods Parkway, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of 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
9/20/2018 Filed by the Clerk's office
9/20/2018 Referred to Transportation & Infrastructure Committee
9/27/2018 Advance and Do Pass, Debate
9/27/2018 Passed

View Attachments
FileTypeSizeDescription
180735.pdf Recorded Info 370K Recorded Documents
180735.pdf Authenticated 180K Authentication
Ord180735-Map.pdf Maps 3292K 180735 Map
89020084 Route 152 Segment 12 fact sheet 09152018.xlsx Fact Sheet 23K 89020084 Route 152 Segment 12 fact sheet 09152018

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ORDINANCE NO. 180735

 

Authorizing condemnation and taking of private property interests for public use for Permanent Pedestrian Right-of-Way Easement purposes for the construction, location and maintenance of Project No. 89020048, “Route 152 Trail Segment 12,” from Northwest Anglia Street east to Maplewoods Parkway, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of 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 property interests herein described must be condemned for public use for the “Route 152 Trail Segment 12” project in Kansas City, Clay County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY, MISSOURI:

 

Section 1. That the property interests herein described are hereby authorized condemned and taken for public use in and upon the land hereinafter described for Project No. 89020048, “Route 152 Trail Segment 12,” including any necessary structures or appurtenances, all in Kansas City, Clay County, Missouri.

 

Section 2. Said improvements shall be of the nature described and specified in, and shall be done in accordance with, the respective plans and specifications certified under the supervision of the Director of the Department of Public Works, the same being on file in the Office of the Director of the Department of Public Works and being incorporated herein by reference.

 

Section 3. That the properties obtained by condemnation shall be used by the City of Kansas City, Missouri as permanent pedestrian right of way for the location of improvements to be constructed therein including any necessary appurtenances to it; and Kansas City or its authorized agents, employees or independent contractors, 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 the following said improvements:

 

Permanent Pedestrian Right-of-Way Easement

 

The Permanent Pedestrian Right-of-Way Easement shall be taken and used by Kansas City, Missouri for public use and is part of the Metro Green regional recreational trails/greenway system and shall include the rights to clear, cut, fell, remove, and dispose of any and all timber, trees, underbrush, and/or other obstructions thereon, to grade, excavate, cut away, and remove any of said land and to replace thereon other material, to construct and maintain the greenway system for trails for walking, running, bicycling, and other recreational purposes; and for such other purposes as may be required in connection with said work of improvement: reserving, however to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby established.

 

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

 

Tract No. 3A

 

Permanent Pedestrian Right-of-Way Easement #1

 

A strip of land 50 feet wide across Blocks 1 and 2, Windrose, a subdivision of land in the North Half of the Southeast Quarter of Section 2, Township 51 North, Range 33 West, Kansas City, Clay County, Missouri, lying 25 feet on each side of the centerline described as follows: (The sidelines which are running parallel with and 25 feet on each side of said centerline shall begin and terminate on the property lines.)

 

Commencing at the northwest corner of said southeast quarter of section 2; thence south 00 degrees 28 minutes 10 seconds west along the west line of said southeast quarter 1,053.37 feet; thence south 89 degrees 32 minutes 02 seconds east a distance of 19.88; thence along a curve to the left tangent to the last described course, with a radius of 200 feet, an arc length of 30.42 feet to the East R-O-W line of North Oak Trafficway and the POINT OF BEGINNING; thence continuing along said curve a distance of 90.70 feet; thence on a curve to the right with a radius of 150 feet, an initial tangent bearing of north 55 degrees 46 minutes 01 seconds east, and an arc length of 72.07 feet; thence north 83 degrees 17 minutes 43 seconds east a distance of 127.45 feet; thence on a curve to the right with a radius of 500 feet, an initial tangent bearing of north 83 degrees 17 minutes 33 seconds east, and an arc length of 57.56 feet; thence on a curve to the left, with a radius of 299.61 feet, an initial tangent bearing of north 89 degrees 53 minutes 19 seconds east, and an arc length of 69.85 feet; thence north 76 degrees 31 minutes 53 seconds east, a distance of 325.06 feet; thence on a curve to the right with a radius of 100 feet, an initial tangent bearing of north 76 degrees 51 minutes 52 seconds east, and an arc length of 33.67 feet; thence south 84 degrees 10 minutes 31 seconds east, a distance of 101.39 feet; thence on a curve to the right, with a radius of 200 feet, an initial tangent bearing of south 84 degrees 10 minutes 33 seconds east, and an arc length of 105.66 feet; thence south 53 degrees 54 minutes 21 seconds east, a distance of 199.60 feet; thence on a curve to the left with a radius of 150 feet, an initial tangent bearing of south 53 degrees 54 minutes 27 seconds east a distance of 98.91 feet; thence north 88 degrees 18 minutes 40 seconds east a distance of 102.81 feet; thence on a curve to the left with a radius of 100 feet, an initial tangent bearing of north 88 degrees 18 minutes 40 seconds east, and an arc length of 87.92 feet; thence north 37 degrees 55 minutes 56 seconds east a distance of 132.35 feet; thence on a curve to the right with a radius of 300 feet, an initial tangent bearing of 37 degrees 56 minutes 03 seconds east, and an arc length of 121.17 feet; thence north 61 degrees 04 minutes 33 seconds east a distance of 107.02 feet; thence on a curve to the right with a radius of 300 feet, an initial tangent bearing of north 61 degrees 04 minutes 37 degrees east, and arc length of 75.53 feet; thence north 75 degrees 30 minutes 02 seconds east a distance of 200.42 feet; thence on a curve to the right with a radius of 300 feet, an initial tangent bearing of north 75 degrees 30 minutes 05 seconds east, and an arc length of 89.41 feet; thence south 87 degrees 25 minutes 22 seconds east a distance of 135.75 feet to the POINT OF TERMINUS. Said point is on the east line of said Block 2 and south 30 degrees 9 minutes 25 seconds west a distance of 825.48 from the northeast corner of southeast quarter of Section 2.

 

Said strip of land contains 116,378 square feet or 2.67 acres more or less.

 

Permanent Pedestrian Right-of-Way Easement #2

 

A tract of land across part of Block 1, Windrose, a subdivision of land in the north half of the southeast quarter of Section 2, township 51 north, range 33 west, Kansas City, Clay County, Missouri, more particularly described as follows;

 

Commencing at the northwest corner of said southeast quarter of Section 2; thence south 00 degrees 28 minutes 10 seconds west along the west line of said southeast quarter 1,017.23 feet; thence south 89 degrees 29 minutes 04 seconds east a distance of 81.14 feet to the east R-O-W line of North Oak Trafficway and the POINT OF BEGINNING; thence along a curve to the left with a radius of 175 feet, an initial tangent bearing of north 69 degrees 58 minutes 20 seconds east, and an arc length of 43.39 feet; thence on a curve to the right with a radius of 175 feet, an initial tangent bearing of north 55 degrees 46 minutes 01 seconds east, and an arc length of 30.14 feet; thence north 34 degrees 14 minutes 04 seconds west a distance of 67.16 feet; thence north 02 degrees 43 minutes 18 seconds west a distance of 180.90 feet to a point on the east R-O-W line of North Oak Trafficway; thence along said east line south 03 degrees 53 minutes 14 seconds west a distance of 271.32 to the POINT OF BEGINNING.

 

Said tract of land contains 5,323.8 square feet or 0.1 acres more or less.

 

Section 5. That just compensation for the property interests 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 or to be appropriated for such purposes.

 

Section 6. That pending the acquisition of said lands by condemnation, the Director of the Department of Public Works 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 tracts and interests be condemned and conveyed to Kansas City, Missouri.

 

Section 8. 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 Clay County, Missouri.

__________________________________________

 

 

Approved as to form and legality:

 

 

 

______________________________

Matthew Cooper

Assistant City Attorney