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Legislation #: 071179 Introduction Date: 11/1/2007
Type: Ordinance Effective Date: 12/9/2007
Sponsor: None
Title: Condemning and taking a fee simple interest, permanent and temporary easements on private properties for the improvement and maintenance of trail and roadway improvements at Old Santa Fe Road Trail, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City, Missouri; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of said City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

Legislation History
DateMinutesDescription
10/29/2007 Filed by the Clerk's office
11/1/2007 Referred to Transportation and Infrastructure Committee
11/7/2007 Hold On Agenda (11/19/2007)
11/19/2007 Do Pass
11/20/2007 Assigned to Third Read Calendar
11/29/2007 Passed

View Attachments
FileTypeSizeDescription
071179.pdf Recorded Info 537K recorded
071179.pdf Authenticated 193K Authenticated
Condemn Fctsht.xls Fact Sheet 36K Fact Sheet

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ORDINANCE NO. 071179

 

Condemning and taking a fee simple interest, permanent and temporary easements on private properties for the improvement and maintenance of trail and roadway improvements at Old Santa Fe Road Trail, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the City of Kansas City, Missouri; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of said City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

WHEREAS, the Council finds that street right of way (warranty deeds), and temporary easements must be condemned for the purpose of locating, constructing and maintaining trail and roadway in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of lands for street right of way, and temporary easements: That street right of way (warranty deeds), and temporary easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of trail and roadway at Old Santa Fe Road. This includes storm drainage, and related appurtenances in and upon the private lands hereinafter described 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 under the supervision of the Director of Public Works and identified as Project No. 8129 same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

The warranty deeds shall be used by Kansas City for the street trail improvement to be constructed therein including any necessary appurtenances to it; and Kansas City shall maintain the right to authorize the entry in and upon said properties for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

The general warranty shall be used by Kansas City as the permanent location of the street and trail improvement 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 easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.


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 permanent and temporary 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 street and trail to be constructed in and upon such easements.

The street right of way (warranty deeds), and temporary easements are hereby condemned and described as follows:

Tract 2 Warranty Deed (Old Santa Fe Road)

 NEW RIGHT OF WAY for the street now known as SANTA FE TRAIL over the following described land.

All that part of the West Half of the West Half of the Southwest Quarter of Section 8, Township 47, Range 33, Kansas City, Jackson County, Missouri, described as follows:

 

Beginning at the Northeast corner TIMBER TRACE 5TH PLAT, a subdivision in Kansas City, Jackson County, Missouri; thence North 66 degrees 35 minutes 50 seconds East along the Southerly line of said Santa Fe Trail, a distance of 59.15 feet; thence South 39 degrees 09 minutes 33 seconds East, a distance of 11.14 feet; thence South 69 degrees 43 minutes 47 seconds West, a distance of 65.90 feet; thence North 03 degrees 36 minutes 47 seconds East, a distance of 7.99 feet to the Point of Beginning. Containing 558 square feet, more or less.

Tract 2 Temporary Easement

All that part of the West Half of the West Half of the Southwest Quarter of Section 8, Township 47, Range 33, Kansas City, Jackson County, Missouri, described as follows:


Commencing at the Northeast corner TIMBER TRACE 5TH PLAT, a subdivision in Kansas City, Jackson County, Missouri; thence South 03 degrees 36 minutes 47 seconds West, 30.17 feet to the Point of Beginning; thence North 03 degrees 36 minutes 47 seconds East, 22.18 feet; thence North 66 degrees 35 minutes 50 seconds East, 65.90 feet; thence South 39 degrees 09 minutes 33 seconds East, 60.97 feet; thence North 88 degrees 42 minutes 00 seconds West, 101.75 feet to the Point of Beginning. Containing 3,028 square feet, more or less.

 Tract 6 Temporary Easement

All that part of the West Half of the Southwest Quarter of Section 8, Township 47, Range 33, Kansas City, Jackson County, Missouri, described as follows:

 

Beginning at the Southeast corner of a tract of land described as Tract A in the Certificate of Survey recorded March 18, 1977 in Book S1, Page 23 as Document No. K-321303 and being the North right of way line of Santa Fe Trail as established by Ordinance No. 33749 passed March 31, 1967; thence South 71 degrees 25 minutes 50 seconds West along said right of way line, 109.86 feet; thence North 08 degrees 36 minutes 42 seconds West, 15.46 feet; thence North 71 degrees 25 minutes 50 seconds East, 45.69 feet; thence North 08 degrees 36 minutes 42 seconds West, 35.54 feet; thence North 71 degrees 25 minutes 50 seconds East, 70.13 feet to a point on said East property line; thence South 02 degrees 08 minutes 17 seconds East along said line, 52.13 feet to the Point of Beginning. Containing 4,039 square feet, more or less.

Section 3. Compensation. That just compensation for the properties 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, Jackson County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86 of the Missouri Rules of Civil Procedure.

Section 4. Pending acquisition of the above described easements by condemnation, the Director of City Development is hereby authorized to purchase said easements and to pay for them 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 Jackson County Circuit Court. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.


Section 5. 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 Kansas City, Jackson County Missouri.

_________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Theodore T. Anderson

Assistant City Attorney