ORDINANCE NO. 061248

Condemning and taking temporary construction easements, fee interests or street rights-of-way, grading easements and storm drainage easements on private properties for the location, construction and maintenance of a bridge along Red Bridge Road, between Holmes Road and Blue River Road, said properties all in Kansas City, Jackson County, Missouri.

WHEREAS, the Council finds that the real estate rights noted in section 5 hereof must be condemned for the purpose of locating, constructing and maintaining a bridge, in Kansas City, Jackson County, Missouri; NOW, THEREFORE.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Real Estate Rights: That the real estate rights noted in section 5 of this ordinance are hereby condemned and taken for public use for the location, construction, maintenance and operation of a bridge and appurtenances, in and upon the private lands hereinafter described, for Project Number 5464 in Kansas City, Jackson 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 Capital Improvement Management Office and identified as Project Number 5464, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. The warranty deeds, shall be used by Kansas City as the permanent location of the street 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 property condemned shall be used by Kansas City to establish slopes and cutbacks adjacent to the road right-of-way and to keep and maintain the slope and cutbacks of the bridge improvements to be constructed. The drainage easements shall for the construction and maintenance of storm structures. 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 5. 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.

The following real estate rights are hereby condemned and taken for public use and hereby described as follows:

Tract 13 A Fee Interest

A tract of land being a portion of Lot 20, Block 27, RED BRIDGE, Plat No. 12, a subdivision in the City of Kansas City, Jackson County, Missouri, being described as follows: beginning at the most Southeasterly rear corner of said Lot 20; thence Northwesterly along the West line of said Lot 20 with a bearing of N.534313W., a distance of 95.44 feet to a point on deeded reservation line; thence East, along said reservation line, with a bearing of S.874735E., a distance of 91.82 feet to a point on the East line of said Lot 20; thence South along said East line with a bearing of S.153752W., a distance of 54.97 feet to the point of beginning. Said tract containing 2,455 square feet more or less.

Tract 13 Storm Drainage Easement

A tract of land being a portion of Lots 20 & 21, Block 27,Red Bridge, Plat No. 12, a subdivision in the City of Kansas City, Jackson County, Missouri, being described as follows: beginning at the most Southwesterly rear corner common to said Lots 20 & 21; thence North along the West line of said Lot 21 with a bearing of N.164937W., a distance of 10.00 feet; thence Southeasterly with a bearing of S.520325E., a distance of 154.12 feet; thence West with a bearing of N.874735W., a distance of 65.79 feet to a point on the West line of said Lot 20; thence North along said West line with a bearing of N.323722W., a distance of 98.14 feet to the point of beginning. Said tract containing 3,094 square feet more or less.

Tract 13 Grading Easement

A tract of land being a portion of Lot 20 and 21, Block 27, Red Bridge, Plat No. 12, a subdivision in the City of Kansas City, Jackson County, Missouri, being described as follows: commencing at the most Southwesterly rear corner common to said Lots 20 & 21; thence North along the West line of said Lot 21 with a bearing of N.164937W., a distance of 10.00 feet to the point of beginning; thence East with a bearing of S.733137E., a distance of 167.92 feet to a point on the East line of said Lot 20; thence South along said East line with a bearing of S.153752W., a distance of 50.00 feet; thence West with a bearing of N.874735W., a distance of 26.03 feet; thence Northwesterly with a bearing of N.520325W., a distance of 154.12feet to the point of beginning. Said tract containing 5,369 square feet more or less.

Tract 13 Temporary Construction Easement

A tract of land being a portion of Lots 20 and 21, Block 27, Red Bridge, Plat No. 12, a subdivision in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: commencing at the most Southwesterly rear corner common to said Lots 20 & 21; thence Northerly along said Southwesterly line of said Lot 21 with a bearing of N.164937W., a distance of 10.00 feet to the point of beginning; thence N.424930E. a distance of 21.43 feet; thence Southeasterly S.750515E. a distance of 158.12 feet to a point on the East line of said Lot 20; thence Southwesterly along said East line with a bearing of S.153752W. a distance of 23.51 feet; thence Northwesterly with a bearing of N.733137W., a distance of 167.92 feet to the point of beginning. Said tract containing 3,470 square feet more or less

Tract 16 A Fee Interest

A tract of land being a portion of Lot 17, Block 27, Red Bridge, Plat No. 12, a subdivision in the City of Kansas City, Jackson County, Missouri, being described as follows: beginning at the most Southeasterly rear corner of said Lot 17; thence Northwest along the West line of said Lot 17 with a bearing of N.392243W., a distance of 4.43 feet; thence East with a bearing of N.764444E., a distance of 3.16 to a point on the East line of said Lot 17; thence South along said East line with a bearing of S.033433W., a distance of 4.16 feet to the point of beginning. Said tract containing 6 square feet more or less.

Tract 16 Temporary Construction Easement

A tract of land being a portion of Lot 17, Block 27, Red Bridge, Plat No. 12, a subdivision in the City of Kansas City, Jackson County, Missouri, being described as follows: commencing at the most Southeasterly rear corner of said Lot 17; thence Northwest along the West line of said Lot 17 with a bearing of N.392243W., a distance of 4.43 feet to the point of beginning; thence continuing Northwest along the West line of said Lot 17 with a bearing of N.392243W., a distance of 34.49 feet; thence Northeast with a bearing of N.601302E., a distance of 31.76 to a point on the East line of said Lot 17; thence South along said East line with a bearing of S.033433W., a distance of 41.79 feet; thence Southwesterly with a bearing of S.764444E., a distance of 3.16 feet to the point of beginning. Said tract containing 602 square feet more or less.

Section 6. 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, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, as supplemented and or as amended by Section 86.01 to 86.10 of the Rules of Civil Procedure. Payment of just compensation shall be made by Kansas City from funds appropriated for such purposes.

Section 7. That pending the acquisition of said lands by condemnation, the Citys agent is hereby authorized to purchase said land out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by purchase, the City Attorney is authorized to withdraw same from the condemnation proceedings.

Section 8. That the stated real estate rights in Tracts 13 and 16 be condemned and conveyed to Kansas City, Missouri.

Section 9. 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

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Approved as to form:

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Theodore T. Anderson

Assistant City Attorney