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Legislation #: 170430 Introduction Date: 6/8/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property for public use for Street Right of Way purposes, Water Main Easements, and Temporary Construction Easements for the construction, location and maintenance of the Old Tiffany Springs Road and Donovan Drive, project number 89008153, from N. Congress Avenue to N. Skyview Avenue, in Kansas City, Platte 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 cause this ordinance to be recorded in the office of the Recorder of Deeds for Platte County, Missouri.

Legislation History
DateMinutesDescription
6/7/2017 Filed by the Clerk's office
6/8/2017 Referred to Transportation & Infrastructure Committee
6/15/2017 Do Pass
6/15/2017 Assigned to Third Read Calendar
6/29/2017 Passed

View Attachments
FileTypeSizeDescription
170430 Rcrd Info.pdf Recorded Info 461K Recorded info
170430.pdf Authenticated 374K Authenticated
Old Tiffany Springs Road Project Air Photo.pdf Maps 1449K Old Tiffany Springs Road Project Air Photo
Old Tiffany Springs Road Project Map.pdf Maps 1021K Old Tiffany Springs Road Project Map
8900 8153 Bank Liberty Old Tiffany Springs Road Condmntn fact sheet Submitted 06052017.xlsx Fact Sheet 23K 8900 8153 Bank Liberty Old Tiffany Springs Road Condmntn fact sheet

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ORDINANCE NO. 170430

 

Authorizing condemnation and taking of private property for public use for Street Right of Way purposes, Water Main Easements, and Temporary Construction Easements for the construction, location and maintenance of the Old Tiffany Springs Road and Donovan Drive, project number 89008153, from N. Congress Avenue to N. Skyview Avenue, in Kansas City, Platte 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 cause this ordinance to be recorded in the office of the Recorder of Deeds for Platte County, Missouri.

 

WHEREAS, the Council finds that the interests in private properties must be condemned for public use as Street Right of Way, Water Main Easements, and Temporary Construction Easements required for the construction and maintenance of the Old Tiffany Springs Road and Donovan Drive, and associated improved intersections, drive approaches, and infrastructure in Kansas City, Platte County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the interests in private properties are hereby authorized condemned and taken for public use as Street Right of Way, Water Main Easements, and Temporary Construction Easements under, over, upon and across the land hereinafter described for the construction and maintenance of Project No. 89008153, including any necessary structures or appurtenances, said project more generally described as Old Tiffany Springs Road and Donovan Drive, all in Kansas City, Platte 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 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. The Street Right of Way shall be taken in fee simple and used by Kansas City, Missouri for the location, construction and maintenance of NW Old Tiffany Springs Road, Donovan Drive 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.

 

Section 4. The Water Main Easements shall be used by the City of Kansas City, Missouri for the location, construction and maintenance of waterlines and associated improved 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 Water Main Easements for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

 

While nothing in the granting of this easement shall be construed so as to grant any right to said Grantee which shall in any way interfere with the safe and unrestricted use by Grantor of the land adjacent to and above said easement, the Grantor shall not use nor attempt to use said property in such manner as would interfere with the proper, safe and continuous maintenance and use of said easement and specifically shall not build thereon or there over any structure which may interfere with the maintenance and use of said waterlines and associated improved infrastructure.

 

Section 5. 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, and said Temporary Construction Easements shall terminate three (3) 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 Public Works.

 

Section 6. That said property interests are hereby authorized condemned and taken for public use and are described as follows:

 

Tract 1 - Water Main Easement

 

Part of Lot 1A2, SARAH GLASS PLACE, a subdivision of land in the Northeast Quarter of Section 1, Township 51 North, Range 34 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Southeast corner of said Lot 1A2; thence South 89 degrees 59 minutes 47 seconds West, along the South line of said Lot 1A2, 84.61 feet; thence North 87 degrees 51 minutes 35 seconds West, continuing along said south line, 160.19 feet; thence South 89 degrees 59 minutes 47 seconds West, continuing along said South line, 250.62 feet; thence North 44 degrees 49 minutes 51 seconds West, continuing along said South line, 76.70 feet; thence North 00 degrees 16 minutes 44 seconds East, 60.73 feet; thence North 90 degrees 00 minutes 00 seconds East, 11.49 feet; thence South 00 degrees 16 minutes 52 seconds West, 48.47 feet; thence South 45 degrees 00 minutes 19 seconds East, 65.98 feet; thence North 89 degrees 59 minutes 41 seconds East, 491.21 feet to a point on the East line of said Lot 1A2; thence South 00 degrees 05 minutes 12 seconds West, along said East line, 26.01 feet to the Point of Beginning. Containing 12,692 square feet or 0.29 acres, more or less.

 

Tract 2 - Water Main Easement

 

Part of Lot 1A3, SARAH GLASS PLACE, a subdivision of land in the Northeast Quarter of Section 1, Township 51 North, Range 34 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Southwest corner of said Lot 1A3; thence North 00 degrees 05 minutes 12 seconds East, along the West line of said Lot 1A3, 26.01 feet; thence North 89 degrees 59 minutes 41 seconds East, 219.02 feet; thence South 00 degrees 00 minutes 12 seconds East, 26.01 feet to a point on the North right-of-way line of Old Tiffany Springs Road, as now established; thence South 89 degrees 59 minutes 48 seconds West, along said North right-of-way line, 219.06 feet to the Point of Beginning. Containing 5,697 square feet or 0.13 acres, more or less.

 

Temporary Construction Easement

 

Part of Lot 1A3, SARAH GLASS PLACE, a subdivision of land in the Northeast Quarter of Section 1, Township 51 North, Range 34 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Southeast corner of said Lot 1A3; thence South 89 degrees 59 minutes 47 seconds West, along the North right-of-way line of Old Tiffany Springs Road, as now established, 550.34 feet to a point on the West line of said Lot 1A3; thence North 00 degrees 05 minutes 12 seconds West, along said West line, 15.00 feet; thence North 89 degrees 59 minutes 47 seconds East, 422.65 feet; thence North 83 degrees 17 minutes 52 seconds East, 128.59 feet to a point on the East line of said Lot 1A3; thence South 00 degrees 05 minutes 12 seconds West, along said East line, 30.00 feet to the Point of Beginning. Containing 5,928 square feet or 0.14 acres, more or less.

 

Tract 4 - Street Right Of Way

 

A tract of land in the Southeast Quarter of Section 1, Township 51 North, Range 34 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northwest corner of said Southeast Quarter; thence North 89 degrees 59 minutes 47 seconds East, along the North line of said Southeast Quarter, 659.86 feet; thence South 00 degrees 00 minutes 13 seconds East, 30.00 feet to a point on the South right-of-way line of Old Tiffany Springs Road, as now established, said point also being the Point of Beginning of the tract of land to be herein described; thence North 89 degrees 59 minutes 47 seconds East, along said South right-of-way line, 483.57 feet; thence Easterly, continuing along said South right-of-way line, on a curve to the right, being tangent to the last described course with a radius of 508.65 feet, a central angle of 30 degrees 52 minutes 07 seconds and an arc distance of 274.04 feet; thence Westerly, along a curve to the right, having an initial tangent bearing of North 72 degrees 35 minutes 14 seconds West with a radius of 1,050.00 feet, a central angle of 00 degrees 47 minutes 45 seconds and an arc distance of 14.58 feet; thence Westerly, along a curve to the left, having a common tangent with the last described course with a radius of 950.00 feet, a central angle of 18 degrees 12 minutes 43 seconds and an arc distance of 301.97 feet; thence South 89 degrees 59 minutes 47 seconds West, 433.85 feet to a point on said South right-of-way line; thence North 00 degrees 15 minutes 51 seconds East, along said South right-of-way line, 20.00 feet to the Point of Beginning. Containing 14,168 square feet or 0.33 acres, more or less.

 

Temporary Construction Easement

 

A tract of land in the Southeast Quarter of Section 1, Township 51 North, Range 34 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Commencing at the Northwest corner of said Southeast Quarter; thence North 89 degrees 59 minutes 47 seconds East, along the North line of said Southeast Quarter, 659.76 feet; thence South 00 degrees 00 minutes 13 seconds East, 50.00 feet to a point on the West line of the Grantor’ s Property, said point also being the Point of Beginning of the tract of land to be herein described; thence North 89 degrees 59 minutes 47 seconds East, 433.85 feet; thence Easterly, along a curve to the right, being tangent to the last described course with a radius of 950.00 feet, a central angle of 18 degrees 12 minutes 43 seconds and an arc distance of 301.97 feet; thence Easterly, along a curve to the left, having a common tangent with the last described course with a radius of 1,050.00 feet, a central angle of 00 degrees 47 minutes 45 seconds and an arc distance of 14.58 feet to a point on said South right-of-way line; thence Southeasterly, along said South right-of-way line, on a curve to the right, having an initial tangent bearing of South 59 degrees 08 minutes 06 seconds East with a radius of 508.65 feet, a central angle of 08 degrees 24 minutes 56 seconds and an arc distance of 74.71 feet; thence Westerly, along a curve to the right, having an initial tangent bearing of North 76 degrees 22 minutes 51 seconds West with a radius of 1,075.00 feet, a central angle of 04 degrees 35 minutes 22 seconds and an arc distance of 86.11 feet; thence Westerly, along a curve to the left, having a common tangent with the last described course with a radius of 925.00 feet, a central angle of 09 degrees 06 minutes 22 seconds and an arc distance of 147.01 feet; thence North 09 degrees 06 minutes 09 seconds East, 5.00 feet; thence Westerly, along a curve to the left, having an initial tangent bearing of North 80 degrees 53 minutes 51 seconds West with a radius of 930.00 feet, a central angle of 09 degrees 06 minutes 22 seconds and an arc distance of 147.81 feet; thence South 89 degrees 59 minutes 47 seconds West, 433.94 feet to a point on said West line; thence North 00 degrees 15 minutes 51 seconds East, along said West line, 20.00 feet to the Point of Beginning. Containing 16,745 square feet or 0.38 acres, more or less.

 

Tract 12 - Temporary Construction Easement

 

A tract of land in the Southeast Quarter of Section 1, Township 51 North, Range 34 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri being bounded and described as follows: Beginning at the Northwest corner of Lot 1, THE LAKES, EXECUTIVE HILLS NORTH, a subdivision of land in Kansas City, Platte County, Missouri; thence South 00 degrees 16 minutes 08 seconds West, along the West line of said Lot 1, 15.00 feet; thence North 89 degrees 59 minutes 26 seconds West, 264.29 feet; thence North 51 degrees 38 minutes 09 seconds East, 24.16 feet to a point on the South right-of-way line of Donovan Drive, as now established; thence South 89 degrees 59 minutes 26 seconds East, along said South right-of-way line, 245.42 feet to the Point of Beginning. Containing 3,823 square feet or 0.09 acres, more or less.

 

Section 7. 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 Platte 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 8. 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 9. That said tracts and interests be condemned and conveyed to Kansas City, Missouri.

 

Section 10. 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 Platte County, Missouri.

 

 

Approved as to form and legality:

 

______________________________

Dustin E. Johnson

Assistant City Attorney