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Legislation #: 140827 Introduction Date: 10/30/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property in fee simple for public use as Street Right of Way along North Green Hills Road, from the area of Green Hills Road, north of NW 88th Street to a point 400 feet north of Old Tiffany Springs Road, as well as authorizing the condemnation and taking of private property for public use as storm sewer and temporary construction easements in the same area for project “KCI Area TIF Project 6A, North Green Hills Road”, project number 89008140, all in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by 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 record this ordinance in the office of the Recorder of Deeds for Platte County, Missouri.

Legislation History
DateMinutesDescription
10/1/2014 Filed by the Clerk's office
10/30/2014 Referred to Transportation & Infrastructure Committee
11/6/2014 Advance and Do Pass as a Committee Substitute, Debate
11/6/2014 Passed as Substituted

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140827 Rcrd Info.pdf Recorded Info 619K Recorded Info
140827.pdf Authenticated 449K Authenticated
140827 Compared.pdf Compared Version 109K Compared Version
140827 Fact Sheet.pdf Fact Sheet 171K Fact Sheet

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ORDINANCE NO. 140827

 

Authorizing condemnation and taking of private property in fee simple for public use as Street Right of Way along North Green Hills Road, from the area of Green Hills Road, north of NW 88th Street to a point 400 feet north of Old Tiffany Springs Road, as well as authorizing the condemnation and taking of private property for public use as storm sewer and temporary construction easements in the same area for project “KCI Area TIF Project 6A, North Green Hills Road”, project number 89008140, all in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by 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 record this ordinance in the office of the Recorder of Deeds for Platte County, Missouri.

 

WHEREAS, the Council finds the Director of Public Works, as evidenced by her issuing a Declaration of Necessity, No. 5522, adopted and entered on July 30, 2014, has caused the plans and specifications for Project Number 89008140 – North Green Hills Road, to be prepared; and

 

WHEREAS, the Council further finds that it did, by Ordinance No. 140622, passed August 14th, 2014, declare it necessary to change and re-establish the grades of, and the relocation, opening, establishing and dedicating of street right-of-way on North Green Hills Road, all in Kansas City, Platte County, Missouri; and

 

WHEREAS, the Council further finds that private property must be condemned for public use for Street Right of Way purposes, a Storm Sewer Easement, and a Temporary Construction Easement of a 5 (five) year duration, for the construction of Project Number 89008140, KCI Area TIF Project 6A, North Green Hills Road, in the area of Green Hills Road, north of NW 88th Street to a point 400 feet north of Old Tiffany Springs Road in Kansas City, Platte County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the following described tracts of land are hereby authorized condemned and taken for public use as Street Right of Way, a Storm Sewer Easement, and a Temporary Construction Easement in a proceeding instituted in Platte County, Missouri, by the City Attorney for Project No. 89008140, “KCI Area TIF Project 6A, North Green Hills Road”, including any necessary structures or appurtenances, in Kansas City, Platte County, Missouri, and hereby described as follows:

 

Street Right of Way

 

The Street Right of Way shall be used by Kansas City, Missouri as the location of North Green Hills Road and any associated improved intersection to be constructed therein including any necessary appurtenances to it; 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 constructing, reconstructing, maintaining, operating and repairing said improvements.

 

Tract No. 2 Street Right of Way

 

A tract of land in the Southwest Quarter of Section 5, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Commencing at the Northeast corner of said Southwest Quarter; thence South 00 degrees 23 minutes 41 seconds West, along the East line of said Southwest Quarter, said East line also being the centerline of Green Hills Road as established in 1882 (Platte County Road Records Book A, Pg. 173, 194-195, and 219), 990.02 feet to the Point of Beginning of the tract of land to be herein described; thence continuing South 00 degrees 23 minutes 41 seconds West, along said centerline of Green Hills Road, 356.57 feet; thence North 89 degrees 36 minutes 19 seconds West, 30.00 feet to a point on the West right-of-way line of Missouri Route 152, as now established, said point also being the existing West right of way line of Green Hills Road; thence South 13 degrees 23 minutes 22 seconds West, along said West right-of-way line of Missouri Route 152, 88.96 feet to a point on the proposed West right-of-way line of Green Hills Road (as shown in KCI Area TIF Project 6A N Green Hills Road, Project No. 89008140); thence North 00 degrees 23 minutes 41 seconds East along said proposed West right-of-way line of Green Hills Road, 444.45 feet; thence South 88 degrees 13 minutes 38 seconds East, 20.00 feet to a point on the West right-of-way line of Green Hills Road; thence continuing South 88 degrees 13 minutes 38 seconds East, 30.01 feet to the Point of Beginning. Containing 18,726 square feet or 0.43 acres, more or less.

 

Storm Sewer Easement

 

The Storm Sewer Easement shall be used by Kansas City, Missouri or its authorized agents, servants, employees or independent contractors to construct storm drainage facilities for the purpose of managing storm water runoff, and shall include the right to go upon said easement to build, construct, keep, maintain, repair and improve said drainage facilities as may be necessary.

 

Tract No. 2 Storm Sewer Easement

 

A tract of land in the Southwest Quarter of Section 5, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the Southeast Corner of Lot 2, Autumn Ridge-First Plat, a subdivision in Kansas City, Platte County, Missouri; thence North 37 degrees 5 minutes 22 seconds West, along the Easterly line of said Lot 2, 143.73 feet; thence North 67degrees 55 minutes 06 seconds East, 26.08 feet; thence South 32 degrees 53 minutes 56 seconds East, 120.20 feet to a point on the West Right-of-Way line of Missouri Route 152, as now established; thence South 06 degrees 44 minutes 05 seconds West, along said West Right-of-Way line, 23.69 feet to the Point of Beginning. Containing 2,718 square feet or 0.06 acres, more or less.

 

There shall be reserved to the owners of the land in which such permanent 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 storm drainage structures to be built and utilities placed in, under, along, upon, over and through such easements. Said easements shall be kept free from additional depth of overburden, buildings, and any other structure or obstruction, which will interfere with the proper, safe and continuous use of the structures and utilities placed therein or with Kansas City, Missouri or its authorized agents, employees or independent contractors, and the above described franchised utility companies, and their authorized agents, employees or independent contractors in entering upon said adjacent lands and easements for the purpose of constructing, reconstructing, operating, repairing, patrolling, and maintaining said improvements and appurtenances.

 

Temporary Construction Easement

 

The Temporary Construction Easement shall be used by the City of Kansas City, Missouri or its authorized agents, servants, employees or independent contractors during the construction of Project Number 89008140, “KCI Area TIF Project 6A, North Green Hills Road”, 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.

 

Tract No. 2 Temporary Construction Easement

 

A tract of land in the Southwest Quarter of Section 5, Township 51 North, Range 33 West of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being bounded and described as follows: Commencing at the Northeast corner of said Southwest Quarter; thence South 00 degrees 23 minutes 41 seconds West, along the East line of said Southwest Quarter, said East line also being the centerline of Green Hills Road as established in 1882 (Platte County Road Records Book A, Pg. 173, 194-195, and 219), 990.02 feet; thence North 88 degrees 13 minutes 38 seconds West, 30.01 feet to a point on the West right-of-way line of Green Hills Road; thence continuing North 88 degrees 13 minutes 38 seconds West, 20.0 feet to a point on the proposed West right-of-way line of Green Hills Road (as shown in KCI Area TIF Project 6A N Green Hills Road, Project No. 89008140), said point being the Point of Beginning of the tract of land to be herein described; thence South 00 degrees 23 minutes 41 seconds West along said proposed West right-of-way line of Green Hills Road, 444.45 feet to a point on the West right-of-way line of Missouri Route 152, as now established; thence South 13 degrees 23 minutes 22 seconds West, along said West Right-of-Way line, 44.47 feet; thence South 06 degrees 44 minutes 05 seconds West, continuing along said West Right-of-Way line, 48.85 feet to a point on the east line of Autumn Ridge-First Plat, a subdivision in Kansas City, Platte County, Missouri; thence North 37 degrees 05 minutes 22 seconds West along said East line, 161.16 feet; thence North 52 degrees 54 minutes 38 seconds East, 105.19 feet; thence North 00 degrees 23 minutes 41 seconds East, 150.00 feet; thence South 89 degrees 36 minutes 19 seconds East, 10.00 feet; thence North 00 degrees 23 minutes 41 seconds East, 194.91 feet; thence South 88 degrees 13minutes 38 seconds East, 20.01 feet to the Point of Beginning. Containing 20,392 square feet or 0.47 acres, more or less.

 

The Temporary Construction Easement shall terminate 5 (five) years from the date said easement is acquired and recorded by the Recorder of Deeds in Platte County, or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

 

Kansas City, Missouri shall cause the surface of lands lying within said Temporary Construction Easement to be restored to substantially the same physical condition that existed at the time Kansas City, Missouri or its agents entered upon them.

 

Section 2. That 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, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

 

Section 3. That just compensation for the property 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, Missouri from funds appropriated for such purposes.

 

Section 4. That pending the acquisition of said lands by condemnation, the Director of Public Works is hereby authorized to continue negotiating 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 5. That said property be condemned and conveyed to Kansas City, Missouri.

 

Section 6. That upon the effective date of this ordinance, the City Clerk is hereby directed to record this ordinance in the office of the Recorder of Deeds for Platte County, Missouri.

 

__________________________________

 

Approved as to form and legality:

 

 

______________________________

Austin Steelman

Assistant City Attorney