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Legislation #: 051519 Introduction Date: 12/15/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property for public purpose for street, drainage and temporary improvements, in the vicinity of 4600 Raytown Road, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and directing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
12/13/2005 Filed by the Clerk's office
12/15/2005 Referred to Operations Committee
1/4/2006 Advance and Do Pass as Second Committee Substitute, Debate
1/5/2006 Passed As Second Substitute

View Attachments
FileTypeSizeDescription
051519.pdf Recorded Info 320K recording
051519.pdf Authenticated 398K Authenticated
Factsheet 5447(condemn).xls Fact Sheet 30K fact sheet

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051519

 

Condemning and taking private property for public purpose for street, drainage and temporary improvements, in the vicinity of 4600 Raytown Road, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and directing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that properties must be condemned for the purpose of locating, constructing and maintaining street, bridge, and storm drainage improvements, in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Condemnation of private property: That properties are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of bridge, street and sewers, in and upon the private lands hereinafter described, for Project Numbers 5447 and 5448 in Kansas City, Jackson County, Missouri, plans of which are on file in the office of the Director of Public Works

 

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, and identified as file no. 2005-100, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

 

Section 3. The permanent easements, and warranty deeds shall be used by Kansas City as the permanent location of the street, bridge, and storm drainage 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 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 drainage 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 general warranty deed, storm drainage, and temporary easements are hereby condemned and taken for public use and hereby described as follows:

 

Storm Drainage Easement, Tract 11

 

Commencing at the Northwest corner of the Southeast quarter of the Northeast quarter of said Section 30; thence South 864843 East along the North Line of the Southeast quarter of the Northeast quarter, a distance of 205.81 feet to the Southwesterly Right-of-Way as it now exists of Raytown Road; thence South 442406 East, a distance of 151.94 feet to the Point of Beginning; thence South 442406 East along said existing Right-of-Way, a distance of 31.00 feet; thence South 385033 West departing said Right-of-Way, a distance of 4.48 feet; thence North 503713 West, a distance of 30.94 feet; thence North 395501 East, a distance of 7.84 feet to the Southwesterly Right-of-Way of said Raytown Road and the Point of Beginning, said strip of land containing 190 square feet.

 

Temporary Easement, Tract 11

 

A strip of land for Construction purposes, in the Southeast quarter of the Northeast quarter of Section 30, Township 49 North, Range 32 West of the 5th Principal Meridian, in Kansas City, Jackson County, Missouri, said strip of land also being more particularly described as follows:

 

The following bearings are based on the Missouri State Plane Coordinate System;

 

Commencing at the Northwest corner of the Southeast quarter of the Northeast quarter of said section 30; thence South 864843 East along the North line of the Southeast quarter of the Northeast quarter, a distance of 51.91 feet to the Point of Beginning; thence South 864843 East along the said North line, a distance of 96.95 feet; thence South 453937 West, a distance of 65.46 feet; thence North 442033 West to the Northerly Property Line of said Tract 11, a distance of 71.51 feet to the Point of Beginning, said strip of land containing 2,340 square feet.

 

Along with

 

Commencing at the Northwest corner of the Southeast quarter of the Northeast quarter of said section 30; thence South 864843 East along the North line of the Southeast quarter of the Northeast quarter, a distance of 205.81 feet to Southwesterly Right-of-way as it now exist of Raytown Road; thence South 442406 East along said Right-of-Way, a distance of 110.78 feet to the Point of Beginning; thence continuing along said Right-of-Way with a bearing of South 442406 East a distance of 41.16 feet; thence South 395501 West departing said Right-of-Way, a distance of 7.84 feet; thence South 503713 East, a distance of 30.94 feet; thence North 385033 East returning to the said Right-of-Way, a distance of 4.48 feet; thence South 442406 East along said Right-of-Way, a distance of 23.89 feet to the beginning of a Curve that is concave to the Northeast having a Radius of 1,071.74 feet; thence Southeasterly 3.08 feet along said Curve through a central angle of 000953 to a point that is the Easterly Property line of said Tract 11; thence South 020311 West along said Property line, a distance of 15.40 feet; thence North 470833 West, a distance of 108.66 feet; thence North 412058 East to a point on the above said Right-of-Way, a distance of 16.40 feet to the Point of Beginning, said strip of land containing 1,253 square feet.

 

General Warranty Deed, Tract 12

 

NEW RIGHT OF WAY for the street now known as Raytown Road over the following described land:

 

The following bearings are based on the Missouri State Plane Coordinate System;

 

A strip of land for Street Right-of-Way, in the Southeast quarter of the Northeast quarter of Section 30, Township 49 North, Range 32 West of the 5th Principal Meridian, in Kansas City, Jackson County, Missouri, being a part of the tract of land described in Missouri Trustees Deed, Instrument Number 2001I 0001159, as recorded on January 8th, 2001 in the Register of Deeds Office of Jackson County, Missouri, said tract of land also being more particularly described as follows:

 

Commencing at the Northwest corner of the Southeast quarter of the Northeast quarter of said section 30; thence South 864843 East along the North line of the Southeast quarter of the Northeast quarter, a distance of 250.29 feet to a point that is on the centerline of Right-of-Way of Raytown Road; thence South 442406 East along said centerline of Raytown Road, a distance of 174.00 feet to the beginning of a Curve concaved to the Northeast having a Radius of 1,041.74 feet; thence Southeasterly 346.99 feet along said Curve through a central angle of 190504; thence South 230948 West, a distance of 30.00 feet to a point that is on the existing Southwesterly Right-of-Way of said Raytown Road, said point also being the Point on Beginning and the beginning of a Curve that is concave to the Northeast having a Radius of 1,071.74 feet, thence Southeasterly 62.87 feet along said Curve through a central angle of 032139 to an angle point; thence South 233724 West departing said existing Right-of-Way, a distance of 20.00 feet to the beginning of a curve, said curve is concave to the Northeast having a Radius of 1,091.74 feet; thence Northwesterly 63.87 feet along said curve through a central angle of 032108 to an angle point in the existing Right-of-way; thence North 230948 East, a distance of 20.00 feet to the Point of Beginning, said strip of land containing 1,267 square feet.

 

Temporary Easement, Tract 12

 

A strip of land for Construction purposes, in the Southeast quarter of the Northeast quarter of Section 30, Township 49 North, Range 32 West of the 5th Principal Meridian, in Kansas City, Jackson County, Missouri, said strip of land also being more particularly described as follows:

 

The following bearings are based on Missouri State Plane Coordinate System;

 

Commencing at the Northwest corner of the Southeast quarter of the Northeast quarter of said section 30; thence South 864843 East along the North line of the Southeast quarter of the Northeast quarter, a distance of 205.81 feet to a point that is on the Southwesterly Right-of-Way of Raytown Road; thence South 442406 East along said Southwesterly Right-of-Way, a distance of 206.84 feet to the beginning of a Curve, said Curve is concaved to the Northeast having a Radius of 1,071.74 feet; thence Southeasterly 3.08 feet along said Curve through a central angle of 000953 to the Point of Beginning, said point of beginning also being on a Curve, said Curve is concave to the Northeast having a Radius of 1,071.74 feet; thence Southeasterly 45.23 feet along said curve through a central angle of 022505 to an angle point in said Right-of-Way; thence South 430056 West to a point that shall be known as Point A, a distance of 10.58 feet; thence North 470833 West to the Westerly Property Line of said Tract 12, a distance of 35.12 feet; thence North 020311 East along said Westerly Property Line, a distance of 15.40 feet to the Point of Beginning, said strip of land containing 436 square feet.

 

Along with,

 

Commencing at the above said Point A; thence South 430056 West along the above said Right-of-Way, a distance of 9.42 feet to a point on a Curve that is concave to the Northeast having a Radius of 1,091.74 feet; thence Southeasterly 161.81 feet along said Curve through a central angle of 082932 to the Point of Beginning; said Point of Beginning also being on a Curve that is concave to the Northeast having a Radius of 1,091.74 feet; thence Southeasterly 217.03 feet along said Curve through a central angle of 112324 to an angle point; thence South 450407 West, a distance of 75.43 feet; thence North 534315 West, a distance of 155.32 feet; thence North 093613 West to a point on the above said Right-of-Way, a distance of 66.88 feet to the Point of Beginning, said strip of land containing 10,684 square feet.

 

Section 5. 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 6. 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. The City Attorney is hereby authorized and directed to file the petition for condemnation on behalf of the City in the Jackson County Circuit Court, and if any tracts be so acquired by purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

 

Section 7. That the right of way, along with the permanent and temporary easements in Tracts 11, and 12 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 Kansas City, Jackson County, Missouri.

 

_________________________________________

 

Approved as to form and legality:

 

 

____________________________________

Theodore T. Anderson

Assistant City Attorney