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Legislation #: 180812 Introduction Date: 10/18/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property interests for public use for Street Right of Way purposes and for Permanent Storm Drainage and Water Main Easements, and Temporary Construction Easements, for the construction, location and maintenance of the “N. Woodland Avenue Complete Streets, N.E. 96th Street to N.E. 108th Street” project, Project Nos. 70052304, 70172340, and 70182903 , from a point +/- 250 feet south of the intersection of N.E. 96th Street and N. Woodland Avenue, north to N.E. 108th Street (Shoal Creek Parkway), 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 Parks and Recreation; 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
10/17/2018 Filed by the Clerk's office
10/18/2018 Referred to Transportation & Infrastructure Committee
10/25/2018 Do Pass
10/25/2018 Assigned to Third Read Calendar
11/1/2018 Passed

View Attachments
FileTypeSizeDescription
180812. Recorded Information 2.1.19.pdf Recorded Info 746K Recorded Informaion
180812.pdf Authenticated 683K Authentication
Ord180812.Power Point.pptx Other 5564K Power Point Presentation
N Woodland Condemnation Fact Sheet.xlsx Fact Sheet 23K N Woodland Condemnation Fact Sheet

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ORDINANCE NO. 180812

 

Authorizing condemnation and taking of private property interests for public use for Street Right of Way purposes and for Permanent Storm Drainage and Water Main Easements, and Temporary Construction Easements, for the construction, location and maintenance of the “N. Woodland Avenue Complete Streets, N.E. 96th Street to N.E. 108th Street” project, Project Nos. 70052304, 70172340, and 70182903 , from a point +/- 250 feet south of the intersection of N.E. 96th Street and N. Woodland Avenue, north to N.E. 108th Street (Shoal Creek Parkway), 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 Parks and Recreation; 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 “N. Woodland Avenue Complete Streets, N.E. 96th Street to N.E. 108th Street” 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 Nos. 70052304, 70172340, and 70182903, “N. Woodland Avenue Complete Streets, N.E. 96th Street to N.E. 108th Street”, 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 plans and specifications certified under the supervision of the Director of the Department of Parks and Recreation, the same being on file in the Office of the Director of the Department of Parks and Recreation, 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 street right of way and easements for the location of improvements and utilities to be constructed therein including any necessary appurtenances to it; and Kansas City or its authorized agents, employees or independent contractors, and with Kansas City, Missouri’s permission, utility companies franchised to operate in Kansas City, Missouri and their 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 and utilities:

 

 

 

Street Right-of-Way

 

The street right of way shall be taken and used by Kansas City, Missouri for the location, construction and maintenance of N. Woodland Avenue and associated improved intersections, drive approaches and infrastructure to be constructed therein, including any necessary appurtenances thereto; and Kansas City, Missouri shall have the right to enter in or authorize the entry in and upon said right of way for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

 

Permanent Storm Drainage Easement

 

The storm drainage easements shall be used by the City of Kansas City, Missouri for the location, construction and maintenance of storm drainage systems and associated improved infrastructure to be constructed therein, including any necessary appurtenances thereto for the purpose of managing storm water runoff; and Kansas City, Missouri shall have the right to enter in or authorize the entry in and upon said Storm Drainage Easements for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

 

By the condemning of private property for this easement, it shall not be construed to prohibit the landowner of said condemned property from the safe and unrestricted use of the land adjacent to and above said Storm Drainage Easements; provided, however, said easement shall be kept free from any structure or obstruction as would interfere with the proper, safe and continuous operation and maintenance of said drainage facilities and specifically shall not build thereon or there over any structure which may interfere with the operation, maintenance and use thereof.

 

Permanent Water Main Easement

 

The water main easements shall be used by the City of Kansas City, Missouri f for the location, operation and movement of equipment, and the movement of a working force, in connection with the location, construction, reconstruction, maintenance, operation and repair of a water main and any appurtenances thereto.

 

By the condemning of private property for this easement, it shall not be construed to prohibit the landowner of said condemned property from the safe and unrestricted use of the land adjacent to and above said water main easements; provided, however, said easement shall be kept free from any structure or obstruction as would interfere with the proper, safe and continuous operation and maintenance of said water main facilities and specifically shall not build thereon or there over any structure which may interfere with the operation, maintenance and use thereof.

 

 

 

 

Temporary Construction Easement

 

The temporary construction easements shall be used by the City of Kansas City, Missouri or its authorized agents, servants, employees, or independent contractors, during the construction of said project, for grading and sloping, removal of trees and shrubbery, removal and replacement of fencing, sidewalks and driveways, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force.

 

The City of Kansas City, Missouri shall cause the surface of lands lying within said temporary construction easements to be restored to substantially the same physical condition that existed at the time the City or its agents entered upon it, except for grading and sloping changes made to the property, and said temporary construction easement shall terminate five (5) years from the date this document is recorded by the Recorder of Deeds in the county in which the lands are located, or upon completion and acceptance of the improvements by the Director of Department of Parks and Recreation.

 

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

 

Tract No. 2

 

Temporary Construction Easement #1 (5 year duration)

 

Bearings herein are grid bearings based on the Missouri State Plane Coordinate System of 1983 (NAD-83) West Zone, with an adjustment date of 2003.

 

A tract of land in the Northeast Quarter of Section 1, Township 51 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northwest corner of the Northeast Quarter of Section 1; thence South 89 degrees 31 minutes 12 seconds East, along the North line of the Northeast Quarter, 150.10 feet to the point of beginning; Thence South 89 degrees 31 minutes 12 seconds East, continuing along the North line, 56.31 feet; Thence South 29 degrees 20 minutes 03 seconds West 96.18 feet; Thence South 77 degrees 19 minutes 09 seconds West, 45.81 feet to a point on the existing East right-of-way of Maplewoods Parkway; Thence North 00 degrees 18 minutes 11 seconds East along the East right-of-way, 11.39 feet; Thence South 89 degrees 41 minutes 49 seconds East, 25.00 feet; Thence North 00 degrees 18 minutes 11 seconds East 38.30 feet; Thence North 00 degrees 18 minutes 11 seconds East, 38.30 feet; Thence South 89 degrees 18 minutes 56 seconds East, leaving the right-of-way, 10.00 feet; Thence North 00 degrees 18 minutes 11 seconds East, 44.95 feet to the point of beginning, containing 3429.03 square feet or .079 acres, more or less

 

Temporary Construction Easement #2 (5 year duration)

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; thence South 89 degrees 31 minutes 12 seconds East, along the north line of the Northeast Quarter, 75.00 feet to a point on the existing east right-of-way of N. Woodland Avenue; Thence North 00 degrees 19 minutes 23 seconds East, along the existing right-of-way, 75.00 feet East of and parallel with the West line of the Southeast Quarter, 99.52 feet to the point of beginning; Thence North 00 degrees 19 minutes 23 seconds East, continuing along the east right-of-way, 345.44 feet; thence North 03 degrees 15 minutes 07 seconds East, 104.45 feet; Thence North 01 degree 58 minutes 55 seconds East, 111.88 feet to a point on the North line of the tract; Thence South 89 degrees 21 minutes 56 seconds East, along the North line, 41.37 feet; Thence South 06 degrees 28 minutes 42 seconds East, 665.94 feet to a point on the South line of the Southeast Quarter; Thence North 89 degrees 31 minutes 12 seconds West, along the South line, 56.31 feet; Thence North 00 degrees 18 minutes 11 seconds East, 26.32 feet; Thence North 44 degrees 18 minutes 56 seconds West, 103.17 feet to the point of beginning, containing 53,466.32 square feet or 1.227 acres, more or less.

 

Permanent Water Main Easement #1

 

A tract of land in the Northeast Quarter of Section 1, Township 51 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northwest corner of the Northeast Quarter of Section 1; thence South 89 degrees 31 minutes 12 seconds East, along the North line of the Northeast Quarter, 124.05 feet to the point of beginning; thence South 89 degrees 31 minutes 12 seconds East, continuing along the North line, 26.05 feet; Thence South 00 degrees 18 minutes 11 seconds West, 44.95 feet; Thence North 89 degrees 18 minutes 56 seconds West, 10.00 feet to a point on the existing East right-of-way of Maplewoods Parkway; Thence North 00 degrees 18 minutes 11 seconds East, along the right-of-way, 11.70 feet; Thence North 89 degrees 41 minutes 49 seconds West, continuing along the right-of-way, 16.10 feet; Thence North 00 degrees 23 minutes 54 seconds East, leaving the right-of-way, 33.26 feet to the point of beginning, containing 983.73 square feet or .022 acres, more or less.

 

Permanent Water Main Easement #2

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; thence South 89 degrees 31 minutes 12 seconds East, 75.00 feet to a point on the existing East right-of-way of N. Woodland Avenue; Thence North 00 degrees 19 minutes 23 seconds East, along the existing right-of-way, 75.00 feet East of and parallel with the West line of the Southeast Quarter, 79.49 feet to the point of beginning; Thence North 00 degrees 19 minutes 23 seconds East, along the existing right-of-way, 20.03 feet; Thence South 44 degrees 18 minutes 56 seconds East, leaving the Right-Of-Way, 103.17 feet; thence South 00 degrees, 18 minutes 11 seconds West, 26.32 feet to a point on the South line of the Southeast Quarter; Thence North 89 degrees 31 minutes 12 seconds West, along the South line, 26.05 feet; Thence North 00 degrees 23 minutes 54 seconds East, 38.90 feet; thence North 48 degrees 28 minutes 12 seconds West, 61.81 feet to the point of beginning, containing 1809.88 square feet or .042 acres, more or less.

 

Street Right-Of-Way

 

A tract of land in the Northeast Quarter of Section 1, Township 51 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northwest corner of the Northeast Quarter of Section 1; Thence South 89 degrees 31 minutes 12 seconds East, along the North line of the Northeast Quarter, 115.10 feet to the point of beginning; Thence South 89 degrees 31 minutes 12 seconds East, continuing along the North line, 8.95 feet; Thence South 00 degrees 23 minutes 54 seconds West, 33.26 feet; Thence North 89 degrees 41 minutes 49 seconds West, 8.90 feet to a point on the existing East right-of-way of Maplewoods Parkway; Thence North 00 degrees 18 minutes 11 seconds East, along the right-of-way, 33.29 feet to the point of beginning, containing 296.93 square feet or .007 acres, more or less.

 

Street Right-of-Way

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; Thence South 89 degrees 31 minutes 12 seconds East, along the North line of the Northeast Quarter, 75.00 feet to a point on the existing east right-of-way of N. Woodland Avenue and the point of beginning; Thence North 00 degrees 19 minutes 23 seconds East, along the existing right-of-way, 75.00 feet East of and parallel with the West line of the Southeast Quarter, 79.49 feet; Thence South 48 degrees 28 minutes 12 seconds East, 61.81 feet; Thence South 00 degrees 23 minutes 54 seconds West, 38.90 feet to a point on the South line of the Quarter Section; Thence North 89 degrees 31 minutes 12 seconds West, along the South line, 46.45 feet to the point of beginning, containing 2751.84 square feet or .063 acres, more or less.

 

Street Right-Of-Way

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; thence South 89 degrees 31 minutes 12 seconds East, along the North line of the Northeast Quarter, 75.00 feet to a point on the existing east right-of-way of N. Woodland Avenue; Thence North 00 degrees 19 minutes 23 seconds East, along the existing right-of-way, 75.00 feet East of and parallel with the West line of the Southeast Quarter, 444.96 feet to the point of beginning; Thence North 00 degrees 19 minutes 23 seconds East, continuing along the east right-of-way, 216.19 feet to the North line of the tract; Thence South 89 degrees 21 minutes 56 seconds East, along the North line of the tract, 8.58 feet; Thence South 01 degree 58 minutes 55 seconds West 111.88 feet; Thence South 03 degrees 15 minutes 07 seconds West, 104.45 feet to the point of beginning, containing 1056.55 square feet or .024 acres, more or less.

 

Tract No. 9

 

Temporary Construction Easement (5 year duration)

 

A portion of Lot 42, "WILLOW WOODS ESTATES 3RD PLAT", a recorded subdivision in Kansas City, Clay County, Missouri, described as follows:

 

The East 30 feet of Lot 42, containing 2294.40 square feet or .053 acres, more or less.

 

 

 

Tract No. 18

 

Temporary Construction Easement (5 year duration)

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; thence North 00 degrees 19 minutes 23 seconds East, along the West line of the Southeast Quarter, 1408.78 feet; Thence South 89 degrees 40 minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way of N. Woodland Avenue and the Southwest corner of the tract; Thence North 87 degrees 38 minutes 55 seconds East, along the South line of the tract, 25.36 feet to the point of beginning; Thence North 00 degrees 19 minutes 23 seconds East, 55.33 feet East of and parallel with the West line of the Southeast Quarter, 215.90 feet to a Point of Curvature; Thence of a curve to the right having a radius of 963.67 feet and an arc length of 61.95 feet to a Point of Tangency; Thence North 04 degrees 01 minute 12 seconds East, 113.29 feet to a Point of Curvature; Thence of a curve to the left having a radius of 1036.33 feet and an arc length of 19.94 feet to a point on the North line of the tract; Thence South 89 degrees 23 minutes 42 seconds East, along the North line, 17.18 feet; Thence South 05 degrees 19 minutes 21 seconds East, 115.37 feet; Thence South 61 degrees 14 minutes 07 seconds East, 95.94 feet; Thence South 14 degrees 39 minutes 31 seconds West, 41.27 feet; Thence North 75 degrees 20 minutes 29 seconds West, 52.04 feet; Thence South 13 degrees 37 minutes 35 seconds West, 228.75 feet to a point on the South line of the tract; Thence South 87 degrees 38 minutes 55 seconds West, along the South line, 10.01 feet to the point of beginning, containing 18,328.62 square feet, less 891.42 square feet in Permanent Drainage Easement, leaving 17,437.20 square feet or 0.400 acres, more or less.

 

Permanent Storm Drainage Easement

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; Thence North 00 degrees 19 minutes 23 seconds East, along the West line of the Southeast Quarter, 1408.78 feet; Thence South 89 degrees 40 minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way of N. Woodland Avenue and the Southwest corner of the tract; Thence North 87 degrees 38 minutes 55 seconds East, along the South line of the tract, 25.36 feet; Thence North 00 degrees 19 minutes 23 seconds East, 55.33 feet East of and parallel with the West line of the Southeast Quarter, 208.76 feet to the point of beginning; Thence continuing North 00 degrees 19 minutes 23 seconds East, 7.14 feet to a Point of Curvature; Thence on a curve to the right having a radius of 963.67 feet and an arc length of 8.22 feet; Thence South 77 degrees 12 minutes 29 seconds East, 64.42 feet; Thence South 12 degrees 47 minutes 31 seconds West, 15.00 feet; Thence North 77 degrees 12 minutes 29 seconds West, 61.14 feet to the point of beginning, containing 941.64 square feet or 0.015 acres, more or less.

 

Street Right-of-Way

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; Thence North 00 degrees 19 minutes 23 seconds East, along the West line of the Southeast Quarter, 1408.78 feet; Thence South 89 degrees 40 minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way of N. Woodland Avenue, the Southwest corner of the tract and the point of beginning; Thence North 87 degrees 38 minutes 55 seconds East, along the South line, 25.36 feet; Thence North 00 degrees 19 minutes 23 seconds East, 55.33 feet East of and parallel with the West line of the Southeast Quarter, 215.90 feet to a Point of Curvature; Thence on a curve to the right having a radius of 963.67 feet and an arc length of 61.95 feet to a Point of Tangency; Thence North 04 degrees 01 minute 12 seconds East, 113.29 feet to a Point of Curvature; Thence on a curve to the left having a radius of 1036.33 feet and an arc length of 19.94 feet to a point on the North line of the tract; Thence North 89 degrees 23 minutes 42 seconds West, along the North line, 35.72 feet to a point on the existing east right-of-way of N. Woodland Avenue; Thence South 00 degrees 19 minutes 23 second East, 30.00 feet East of and parallel with the West line of the Southeast Quarter, 412.13 feet to the point of beginning, containing 11,300.42 square feet or .259 acres, more or less.

 

Tract No. 24

 

Temporary Construction Easement (5 year duration)

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Southwest corner of the Southeast Quarter of Section 36; Thence North 00 degrees 19 minutes 23 seconds East, along the West line of the Southeast Quarter, 1820.91 feet; Thence South 89 degrees 40 minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way of N. Woodland Avenue and the Southwest corner of the tract; Thence South 89 degrees 23 minutes 42 seconds East, along the South line of the tract, 35.72 feet to the point of beginning; Thence on a curve to the left, having an Initial Tangent Bearing of North 02 degrees 55 minutes 03 second East, a radius of 1036.33 feet and an arc length of 168.50 feet to a Point of Tangency; Thence North 06 degrees 23 minutes 54 seconds West, 167.42 feet; Thence North 04 degrees 52 minutes 31 seconds West, 63.36 feet to the North line of the tract; Thence South 89 degrees 23 minutes 42 second East, along the North line, 35.67 feet; Thence South 00 degrees 19 minutes 23 seconds West, 61.97 feet; Thence South 78 degrees 38 minutes 29 seconds East, 40.75 feet; Thence South 00 degrees 19 minutes 23 seconds West, 30.01 feet; Thence South 72 degrees 55 minutes 47 seconds West, 41.92 feet; Thence South 00 degrees 19 minutes 23 seconds West, 50.35 feet; Thence South 04 degrees 57 minutes 40 seconds West, 40.88 feet; Thence South 06 degrees 23 minutes 54 seconds East, 24.79 feet to a Point of Curvature; Thence on a curve to the right having a radius of 1046.33 feet and an arc length of 169.72 feet to the South line of the tract; thence North 89 degrees 23 minutes 42 seconds West, along the South line, 10.01 feet to the point of beginning, containing 8593.30 square feet or 0.20 acres, more or less.

 

Street Right-Of-Way

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

Commencing at the Southwest corner of the Southeast Quarter of Section 36; Thence North 00 degrees 19 minutes 23 seconds East, along the West line of the Southeast Quarter, 1820.91 feet; Thence South 89 degrees 40 minutes 37 seconds East, 30.00 feet to a point on the existing east right-of-way of N. Woodland Avenue, the Southwest corner of the tract and the point of beginning; Thence North 00 degrees 19 minutes 23 seconds East, along the existing right-of-way, 30.00 feet East of and parallel with the West line of the Southeast Quarter, 397.42 feet to the North line of the tract; Thence South 89 degrees 23 minutes 42 seconds East, along the North line 4.33 feet; Thence South 04 degrees 52 minutes 31 second East, 63.36 feet; Thence South 06 degrees 23 minutes 54 seconds East, 167.42 feet to a Point of Curvature; Thence on a curve to the right having a radius of 1036.33 feet and an arc length of 168.50 feet to the South line of the tract; Thence North 89 degrees 23 minutes 42 seconds West, along the South line, 35.72 feet to the point of beginning, containing 9637.75 square feet or 0.221 acres, more or less.

 

Tract No. 27

 

Temporary Construction Easement (5 year duration)

 

A portion of Tract "A", "Willow Woods Estates 2nd Plat", a recorded subdivision in Kansas City, Clay County, Missouri, described as follows:

 

Beginning at the Northwest corner of Tract "A"; Thence South 89 degrees 23 minutes 41 seconds East, along the North line of Tract "A", 83.74 feet; Thence South 79 degrees 33 minutes 12 seconds East, 36.34 feet; Thence South 48 degrees 26 minutes 24 seconds East, 78.10 feet to the East line of Tract "A"; Thence South 00 degrees 19 minutes 23 seconds West, 30.16 feet; Thence North 26 degrees 45 minutes 11 seconds West, 61.36 feet; Thence North 48 degrees 26 minutes 24 seconds West, 2.94 feet; Thence North 89 degrees 23 minutes 56 seconds West, 148.26 feet to the West line of Tract "A"; Thence North 00 degrees 36 minutes 33 seconds East, along the West line, 31.14 feet to the point of beginning containing 4390.02 square feet or 0.101 acres, more or less.

 

Street Right-of-Way

 

A portion of Tract "A", "Willow Woods Estates 2nd Plat", a recorded subdivision in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northwest corner of Tract "A"; Thence South 89 degrees 23 minutes 41 seconds East, along the North line of Tract "A", 83.74 feet to the point of beginning; Thence East, Southeast, and South, along the North and East lines of Tract "A" the following three courses:

 

1) South 89 degrees 23 minutes 41 seconds East, 69.63 feet,

2) Point of Curvature; curve to the right having a radius of 25.00 feet and an arc length of 39.15 feet to a Point of Tangency;

3) South 00 degrees 19 minutes 23 seconds West, along, 30.16 feet;

 

Thence North 48 degrees 26 minutes 24 seconds West, 78.10 feet; Thence North 79 degrees 33 minutes 12 seconds West, 36.34 to the point of beginning, containing 1846.63 square feet or 0.042 acres, more or less.

 

Tract No. 28

 

Temporary Construction Easement (5 year duration)

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northwest corner of the Southeast Quarter of Section 36; Thence South 89 degrees 23 minutes 42 seconds East, along the North line of the Southeast Quarter, 214.76 feet; Thence South 00 degrees 36 minutes 18 seconds West, 30.00 feet to a point on the existing south right-of-way of N.E. 100th Strett and the point of beginning; Thence South 80 degrees 57 minutes 02 seconds West, 134.94 feet; Thence South 78 degrees 18 minutes 23 seconds West, 6.53 feet to a Point of Curvature; Thence on a curve to the left having a radius of 34.40 feet and an arc length of 22.39 feet to a Point of Tangency; Thence South 45 degrees 18 minutes 46 seconds West, 7.37 feet to a Point of Curvature; Thence of a curve to the left having a radius of 34.67 feet and an arc length of 18.58 feet to a Point of Tangency; Thence South 14 degrees 36 minutes 48 seconds West, 26.23 feet to a Point of Curvature; Thence on a curve to the left having a radius of 34.67 feet and an arc length of 8.65 feet to a Point of Tangency; Thence South 00 degrees 19 minutes 23 seconds West, 34.33 feet East of and parallel with the West line of the Southeast Quarter, 303.80 feet to the South line of the tract; Thence North 89 degrees 23 minutes 42 seconds West, along the South line, 5.00 feet; thence North 00 degrees 19 minutes 23 seconds East, 180.63 feet; Thence South 89 degrees 40 minutes 37 seconds East, 52.78 feet; Thence South 10 degrees 38 minutes 16 seconds East, 68.92 feet; Thence North 79 degrees 21 minutes 44 seconds East, 35.00 feet; Thence North 10 degrees 38 minutes 16 seconds West, 106.48 feet; Thence North 00 degrees 19 minutes 23 seconds East, 11.97 feet; Thence North 37 degrees 42 minutes 17 seconds West, 80.54 feet; Thence North 54 degrees 39 minutes 51 seconds East, 43.37 feet; Thence North 51 degrees 23 minutes 00 seconds East, 39.12 feet; Thence North 01 degree 02 minutes 42 seconds East, 24.09 feet; Thence North 89 degrees 53 minutes 52 seconds, 82.39 feet; Thence North 00 degrees 06 minutes 08 seconds West, 10.00 feet; Thence North 89 degrees 53 minutes 52 seconds East, 96.81 feet; Thence North 00 degrees 36 minutes 18 seconds East, 8.18 feet to a point on the south right-of-way of N.E. 100th Street; Thence North 89 degrees 23 minutes 42 seconds West, along the right-of-way, 100.24 feet to the Point of beginning, containing 19,028.19 square feet or 0.437 acres, more or less.

 

Street Right-Of-Way

 

A tract of land in the Southeast Quarter of Section 36, Township 52 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northwest corner of the Southeast Quarter of Section 36; Thence South 89 degrees 23 minutes 42 seconds East, along the North line of the Southeast Quarter, 214.76 feet; Thence South 00 degrees 36 minutes 18 seconds West, 30.00 feet to a point on the existing south right-of-way of N.E. 100th Street and the point of beginning; Thence South 80 degrees 57 minutes 02 seconds West, 134.94 feet; Thence South 78 degrees 18 minutes 23 seconds West, 6.53 feet to a Point of Curvature; Thence on a curve to the left having a radius of 34.40 feet and an arc length of 22.39 feet to a Point of Tangency; Thence South 45 degrees 18 minutes 46 seconds West, 7.37 feet to a Point of Curvature; Thence of a curve to the left having a radius of 34.67 feet and an arc length of 18.58 feet to a Point of Tangency; Thence South 14 degrees 36 minutes 48 seconds West, 26.23 feet to a Point of Curvature; Thence on a curve to the left having a radius of 34.67 feet and an arc length of 8.65 feet to a Point of Tangency; Thence South 00 degrees 19 minutes 23 seconds West, 34.33 feet East of and parallel with the West line of the Southeast Quarter, 303.80 feet to the South line of the tract; Thence South 89 degrees 23 minutes 42 seconds East, along the South line, 4.33 feet to a point on the existing east right-of-way of N. Woodland Avenue; Thence North 00 degrees 19 minutes 23 seconds East, 30.00 feet East of and parallel with the West line of the Southeast Quarter, along the right-of-way, 394.38 feet to the intersection of the east right-of-way of Woodland Avenue and the south right-of-way of N.E. 100th Street; Thence South 89 degrees 23 minutes 42 seconds East, along the south right-of-way, 184.61 feet to the point of beginning, containing 5060.45 square feet or 0.116 acres, more or less.

 

Tract No. 29

 

Temporary Construction Easement (5 year duration)

 

A portion of Lot 41, "Willow Woods 5th Plat", a recorded subdivision in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northeast corner of Lot 41; Thence South 00 degrees 19 minutes 14 seconds West, along the East line of Lot 41, 61.21 feet to the point of beginning; Thence South 00 degrees 19 minutes 14 seconds West, continuing along the East line of Lot 41, 16.14 feet; Thence South 45 degrees 32 minutes 26 seconds West, 45.59 feet; Thence South 77 degrees 47 minutes 29 seconds West, 45.09 feet to a point on the South line of Lot 41; Thence North 89 degrees 23 minutes 41 seconds West, 67.79; Thence North 57 degree, 32 minutes 04 seconds East, 106.55 feet; Thence South 89 degrees 40 minutes 46 seconds East, 54.58 feet to the point of beginning containing 4719.62 square feet or .108 acres, more or less.

 

Street Right-Of-Way

 

A portion of Lot 41, "Willow Woods 5th Plat", a recorded subdivision in Kansas City, Clay County, Missouri, described as follows:

 

Commencing at the Northeast corner of Lot 41; Thence South 00 degrees 19 minutes 14 seconds West, along the East line of Lot 41, 77.35 feet to the point of beginning; Thence South, Southwest, and West, along the East and South lines of Lot 41 the following three courses:

 

1) South 00 degrees 19 minutes 14 seconds West, 17.15 feet;

2) Point of Curvature; curve to the right having a radius of 25.00 feet and an arc length of 39.39 feet to a Point of Tangency;

3) North 89 degrees 23 minutes 41 seconds West, 51.25 feet,

 

Thence North 77 degrees 47 minutes 29 seconds East, 45.09 feet; Thence North 45 degrees 32 minutes 26 seconds East, 45.59 feet to the point of beginning, containing 930.12 square feet or 0.021 acres, more or less.

 

Tract No. 95

 

Temporary Construction Easement (5 year duration)

 

A portion of the Northwest and Southwest Quarters of Section 25, Township 52 North, Range 33 West in Kansas City, Clay County, Missouri described as follows:

 

Commencing at the Northeast corner of the Southwest Quarter, also being the Southeast corner of the Northwest Quarter of Section 25; Thence South 89 degrees 51 minutes 49 seconds West, along the line between the Northwest and Southwest Quarters, 30.00 feet to a point on the existing west right-of-way of Woodland Avenue; Thence South 00 degrees 35 minutes 59 seconds West, 30.00 feet West of and parallel with the East line of the Southwest Quarter, 767.82 feet to the Southeast corner of the tract; Thence North 89 degrees 51 minutes 39 seconds West, along the South line of the tract, 20.00 feet to the point of beginning; Thence North 89 degrees 51 minutes 39 seconds West, along the South line, 35.93 feet; Thence North 08 degrees 34 minutes 31 seconds West, 339.08 feet; Thence North 00 degrees 35 minutes 59 seconds East, 150.38 feet; Thence North 08 degrees 17 minutes 56 seconds East, 185.71 feet; Thence North 13 degrees 41 minutes 15 seconds West, 100.82 feet to a point on the line between the Northwest and Southwest Quarters; Thence North 51 degrees 05 minutes 39 seconds West, 148.67 feet; Thence North 00 degrees 09 minutes 09 seconds West, 41.71 feet to a point on the existing south right-of-way of Shoal Creek Parkway; Thence North 89 degrees 50 minutes 51 seconds East, along the south right-of-way, 89.35 feet; Thence South 47 degrees 42 minutes 38 seconds East, 104.25 feet; Thence South 00 degrees 34 minutes 56 seconds West, 65.05 feet to a point on the line between the Northwest and Southwest Quarters; Thence South 00 degrees 35 minutes 59 seconds West, 419.96 feet; Thence South 08 degrees 29 minutes 31 seconds East, 203.70 feet; Thence South 06 degrees 19 minutes 41 seconds East, 64.74 feet; Thence South 00 degrees 35 minutes 59 seconds West, 81.84 feet to the point of beginning containing 49,015.50 square feet or 1.125 acres, more or less.

 

Street Right-Of-Way

 

A portion of the Northwest and Southwest Quarters of Section 25, Township 52 North, Range 33West in Kansas City, Clay County, Missouri described as follows:

 

Commencing at the Northeast corner of the Southwest Quarter, also being the Southeast corner of the Northwest Quarter of Section 25; Thence South 89 degrees 51 minutes 49 seconds West, along the line between the Northwest and Southwest Quarters, 30.00 feet to a point on the existing west right-of-way of Woodland Avenue and the point of beginning; Thence South 00 degrees 35 minutes 59 seconds West, 30.00 feet West of and parallel with the East line of the Southwest Quarter, 767.82 feet to the Southeast corner of the tract; Thence North 89 degrees 51 minutes 39 seconds West, along the South line of the tract, 20.00 feet; Thence North 00 degrees 35 minutes 59 seconds East, 50.00 feet West of and parallel with the East line of the Southwest Quarter, 81.84 feet; Thence North 06 degrees 19 minutes 41 seconds West, 64.74 feet; Thence North 08 degrees 29 minutes 31 seconds West, 203.70 feet; Thence North 00 degrees 35 minutes 59 seconds East, 90.00 feet West of and parallel with the West line of the Southwest Quarter, 419.96 feet to a point on the line between the Northwest and Southwest Quarters; Thence North 00 degrees 34 minutes 56 seconds East, 90.00 feet West of and parallel with the West line of the Northwest Quarter, 65.05 feet; Thence North 47 degrees 42 minutes 38 seconds West, 104.25 feet to a point on the existing south right-of-way of Shoal Creek Parkway; Thence North 89 degrees 50 minutes, 51 seconds East, along the south right-of-way, 137.84 feet to the existing west right-of-way of Woodland Avenue; Thence South 00 degrees 34 minutes 56 seconds West, along the west right-of-way, 135.43 feet to the point of beginning containing 48,085.19 square feet or 1.104 acres, more or less.

 

Street Right-Of-Way

 

A portion of the Northwest Quarter of Section 25, Township 52 North, Range 33West in Kansas City, Clay County, Missouri described as follows:

 

Commencing at the Southeast corner of the Northwest Quarter of Section 25; Thence North 00 degrees 34 minutes 56 seconds East, along the East line of the Northwest Quarter, 352.39 feet; Thence North 89 degrees 25 minutes 04 seconds West, 30.00 feet to the intersection of the existing west right-of-way of N. Woodland Avenue and the existing north right-of-way of Shoal Creek Parkway and the point of beginning; Thence South 88 degrees 52 minutes 31 seconds West, along the north right-of-way, 94.99 feet; Thence North 45 degrees 34 minutes 56 seconds East, 49.42 feet; Thence North 00 degrees 34 minutes 56 seconds East, 90.00 feet West of and parallel with the West line of the Quarter, 707.99 feet to the North line of the tract; Thence North 90 degrees 00 minutes 00 seconds East, along the North line, 60.00 feet to the existing west right-of-way; Thence South 00 degrees 34 minutes 56 seconds West, along the right-of-way, 740.72 feet to the point of beginning containing 45,070.67 square feet or 1.035 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 Parks and Recreation 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