KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 070421 Introduction Date: 4/5/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking street, permanent, and temporary right-of-way on private properties for the construction and maintenance of street, on N. Brighton Avenue between NE Vivion Road and NE 58th Street, all in Kansas City, Clay County, Missouri, providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
4/5/2007 Filed by the Clerk's office
4/5/2007 Referred to Operations Committee
4/11/2007 Advance and Do Pass, Debate
4/12/2007 Passed

View Attachments
FileTypeSizeDescription
070421.pdf Authenticated 259K recorded
070421.pdf Authenticated 649K authenticated
Factsheet 2675(condemn).xls Fact Sheet 35K fact sheet (2675)

Printer Friendly Version

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 070421

 

Condemning and taking street, permanent, and temporary right-of-way on private properties for the construction and maintenance of street, on N. Brighton Avenue between NE Vivion Road and NE 58th Street, all in Kansas City, Clay County, Missouri, providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

 

WHEREAS, the Council finds that street right of way, water main easements, retaining wall easements, and temporary easements must be condemned for the purpose of locating, constructing and maintaining water mains, sewers, retaining walls, and street, in Kansas City, Clay County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation of Standard Sewer Easements, and Street Right of Way: That street right of way, water main easements, retaining wall easements, and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of street, water mains, retaining walls, and sewers, in and upon the private lands hereinafter described, for Project Number 2675.

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 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. The street right of way, retaining wall, and water main easements shall be used by Kansas City as the permanent location of the, street, water main, and sewer 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 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 water main, and sewer 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 sewer facilities to be constructed in and upon such easements.

The street right of way, water main easements, retaining wall easements, and temporary construction easements are hereby condemned and taken for public use and hereby described as follows:

Warranty Deed, Tract 3 (Total take)

All that part of Lot 12, Sugar Hall Annex, an addition in Kansas City, Clay County, Missouri, described as follows:

Beginning at a point where the north right-of-way line of State Highway #69 intersects the east line of said Lot 12, said point being 40.0 feet north of the centerline of said highway; thence west along said right-of-way line a distance of 4.85 feet; thence north along a jog in said right-of-way a distance of 20.0 feet; thence west along said right-of-way line a distance of 154.88 feet to a point that is 160.0 feet west of the east line of said Lot 12; thence north and parallel to said east line a distance of 100.0 feet; thence east and parallel to said highway, a distance of 160.0 feet to a point in the east line of said Lot 12; thence south along said east line a distance of 120.0 feet to the point of beginning, containing 16,097 feet more or less.

Street Right of Way, Tract 5

A tract of land in Lot 12, Sugar Tree Hall Annex Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Beginning at the Northeast Corner of said Lot 12; thence South 0042'23" West along the East Line of said Lot 12 a distance of 168.39 feet; thence North 8938'35" West a distance of 25.00 feet; thence North 0042'23" East and parallel with the East Line of said Lot 12 a distance of 168.37 feet to the North Line of said Lot 12; thence South 8941'12" East along the North Line of said Lot 12 a distance of 25.00 feet to the Point of Beginning, containing 4,209.4 square feet, more or less.

Water main easement, Tract 5

A tract of land in Lot 12, Sugar Tree Hall Annex Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Commencing at the Northeast Corner of said Lot 12; thence North 8941'12" West along the North Line of said Lot 12 a distance of 25.00 feet for a Point of Beginning; thence South 0042'23" West and parallel with the East Line of said Lot 12 a distance of 168.37 feet; thence North 8938'35" West a distance of 10.00 feet; thence North 0042'23" East and parallel with the East Line of said Lot 12 a distance of 168.36 feet to the North Line of said Lot 12; thence South 8941'12" East along the North Line of said Lot 12 a distance of 10.00 feet to the Point of Beginning, containing 1,683.6 square feet, more or less.

Temporary construction easement, Tract 5

A tract of land in Lot 12, Sugar Tree Hall Annex Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Commencing at the Northeast Corner of said Lot 12; thence North 8941'12" West along the North Line of said Lot 12 a distance of 35.00 feet for a Point of Beginning; thence South 0042'23" West and parallel with the East Line of said Lot 12 a distance of 168.36 feet; thence North 8938'35" West a distance of 70.00 feet; thence North 0042'23" East and parallel with the East Line of said Lot 12 a distance of 168.31 feet to the North Line of said Lot 12; thence South 8941'12" East along the North Line of said Lot 12 a distance of 70.00 feet to the Point of Beginning, containing 11,783.2 square feet, more or less.

Street Right of Way, Tracts 6, 9, and 10

A parcel of land situated in a portion of the North 125.00 feet of Lot 17 and Lots 18, 19, 20, 21, 22, 23, 24 and 25, Block 16, KANSAS CITY SUBURBAN ACREAGE ESTATES, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 25, said point being on the East right-of-way line of North Brighton Avenue, as now established, and the South right-of-way line of N.E. 53rd Street, as now established; Thence South 893617 East 25.00 feet along said South right-of-way line; Thence South 004223 West 409.82 feet, along a line 25.00 feet East of and parallel with said East right-of-way line, to a point on the South line of the North 125.00 feet of said Lot 17; Thence South 883148 West 25.02 feet, along said South line, to a point on said East right-of-way line; Thence North 004223 East 410.63 feet, along said East right-of-way line, to the point of beginning of the parcel herein described, containing 10,256 square feet or 0.2354 acres, more or less.

Temporary construction easement, Tracts 6, 9, and 10

A tract of land in Lots 20, 21, 22, 23, 24 and 25, Block 16, Kansas City Suburban Acreage Estates Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows: Commencing at the Northwest Corner of said Lot 25; thence East along the North Line of said Lot 25 a distance of 25.00 feet for a Point of Beginning; thence continuing East along the North Line of said Lot 25 a distance of 20.00 feet; thence South and parallel to the West Line of said Lots 20-25 a distance of 179.17 feet to the South Line of said Lot 21; thence West along the South Line of said Lot 21 a distance of 10.00 feet; thence Southwesterly a distance of 28.95 feet to a point that is 25.00 feet East and 26.78 feet South of the Northwest Corner of said Lot 20; thence North and parallel to the West Line of said Lots 20-25 a distance of 206.60 feet to the Point of Beginning, containing 3,723.7 square feet, more or less, all in the City of Kansas City, Clay County, Missouri

 

and

 

A tract of land in the North 125.00 feet of Lots 16 & 17 and in Lot 18, Block 16, Kansas City Suburban Acreage Estates Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Commencing at the Northwest Corner of said Lot 18; thence East along the North Line of said Lot 18 a distance of 25.00 feet for a Point of Beginning; thence continuing along the North Line of said Lot 18 a distance of 10.00 feet; thence South and parallel to the West Line of said Lots 17 & 18 a distance of 112.00 feet; thence East a distance of 25.00 feet; thence South and parallel to the West Line of said Lots 17 & 18 a distance of 40.00 feet; thence West a distance of 21.50 feet; thence South and parallel to the West Line of said Lots 17 & 18 a distance of 7.70 feet to the South Line of the North 125.00 feet of said Lot 17, thence West along the South Line of the North 125.00 feet of said Lot 17 a distance of 13.50 feet; thence North and parallel to the West Line of said Lots 17 & 18 a distance of 160.22 feet to the Point of Beginning, containing 2,627.5 square feet, more or less, all in the City of Kansas City, Clay County, Missouri

Street Right of Way, Tract 8

The East 25.00 feet of Lot 11, Sugar Tree Hall Annex Subdivision, containing 4,111.8 square feet, more or less.

Water main easement, Tract 8

The West 10.00 feet of the East 35.00 feet of Lot 11, Sugar Tree Hall Annex Subdivision, containing 1644.7 square feet.

Temporary construction easement, Tract 8

The West 72.00 feet of the East 107.00 feet of Lot 11, Sugar Tree Hall Annex Subdivision, containing 11,841.8 square feet, more or less.

Temporary Construction Easement, Tract 23

A tract of land in Lots 3 & 4, Block 20, Kansas City Suburban Acreage Estates, a subdivision in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Beginning at the Southwest Corner of said Lot 3; thence in a Northerly direction along the West Line of said Lots 3 & 4 a distance of 80.00 feet to the Northwest Corner of said Lot 4; thence East along the North Line of said Lot 4 a distance of 6.07 feet; thence South a distance of 39.67 feet to the North Line of said Lot 3; thence East along the North Line of said Lot 3 a distance of 20.00 feet; thence South a distance of 39.67 feet to the South Line of said Lot 3; thence West along the South Line of said Lot 3 a distance of 36.30 feet to the Point of Beginning, containing 1,680.8 square feet, more or less, all in the City of Kansas City, Clay County, Missouri.

Street Right of Way, Tracts 30

A tract of land in Tract A, Eagle Heights Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

Beginning at the Northeast Corner of said Tract A; thence South 0008'04" West along the East Line of said Tract A, a distance of 813.46 feet to the Southeast Corner of said Tract A; thence North 8953'11" West along the South Line of said Tract A, a distance of 7.75 feet; thence North 0042'22" West a distance of 494.25 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 310.88 feet; thence North 0107'20" East a distance of 8.38 feet to the North Line of said Tract A; thence South 8953'11" East along the North Line of said Tract A, a distance of 14.86 feet to the Point of Beginning, containing 10,409.0 square feet, more or less.

Water main easement, Tracts 30

A tract of land in Tract A, Eagle Heights Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

Commencing at the Northeast Corner of said Tract A; thence North 8953'11" West along the North Line of said Tract A, a distance of 14.86 feet for a Point of Beginning; thence South 0107'20" West a distance of 8.38 feet; thence South 0008'04" West and parallel to the East Line of said Tract A, a distance of 310.88 feet; thence South 0042'22" East a distance of 494.25 feet to the South Line of said Tract A; thence North 8953'11" West along the South Line of said Tract A, a distance of 10.00 feet; thence North 0042'22" West a distance of 494.18 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 311.04 feet; thence North 0107'20" East a distance of 8.29 feet to the North Line of said Tract A; thence South 8953'11" East along the North Line of said Tract A, a distance of 10.00 feet to the Point of Beginning, containing 8,135.1 square feet, more or less.

Temporary construction easement, Tracts 30

A tract of land in Tract A, Eagle Heights Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Commencing at the Northeast Corner of said Tract A; thence North 8953'11" West along the North Line of said Tract A, a distance of 24.86 feet for a Point of Beginning; thence South 0107'20" West a distance of 8.29 feet; thence South 0008'04" West and parallel to the East Line of said Tract A, a distance of 311.04 feet; thence South 0042'22" East a distance of 494.18 feet to the South Line of said Tract A; thence North 8953'11" West along the South Line of said Tract A, a distance of 60.00 feet; thence North 0042'22" West a distance of 118.80 feet; thence South 8951'56" East a distance of 45.00 feet; thence North 0042'22" West a distance of 203.93 feet; thence North 8917'38" East a distance of 5.00 feet; thence North 0042'22" West a distance of 171.33 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 253.71 feet; thence North 8951'56" West a distance of 91.00 feet; thence North 0008'04" East and parallel to the East Line of said Tract A, a distance of 65.65 feet to the North Line of said Tract A; thence South


8953'11" East along the North Line of said Tract A, a distance of 101.14 feet to the Point of Beginning, containing 21,071.2 square feet, more or less.

Temporary construction easement, Tract 34

A tract of land in Lot 24, Brian's Ridge Subdivision, all in the City of Kansas City, Clay County, Missouri and more particularly described as follows:

 

Beginning at the Northeast Corner of said Lot 24; thence South along the East Line of said Lot 24 a distance of 12.00 feet; thence West and parallel to the North Line of said Lot 24 a distance of 70.00 feet; thence South and parallel to the East Line of said Lot 24 a distance of 60.54 feet to the West Line of said Lot 24; thence Northwesterly along the West Line of said Lot 24 a distance of 55.64 feet; thence on a curve to the right with a Radius of 15.00 feet, an Arc Length of 28.32 feet and a Delta Angle of 10810'59" to the North Line of said Lot 24; thence East along the North Line of said Lot 24 a distance of 73.12 feet to the Point of Beginning, containing 1,606.1 square feet, more or less.

Street Right of Way, Tract 36

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 56th Place, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 895701 East 30.57 feet, along said South right-of-way line, to the beginning of a non-tangent curve concave to the Southeast having a radius of 25.00 feet; thence Southwesterly 39.60 feet along said curve to the left having a chord bearing South 444018 West 35.59 feet; thence South 004222 East 114.88 feet to a point on the South line of said Lot 1; thence North 891737 West 7.27 feet, along said South line, to a point on said East right-of-way line; thence North 000804 East 140.12 feet, along said East right-of-way line, to the point of beginning of the parcel herein described, containing 1,013 square feet or 0.0233 acres, more or less.


Retaining wall easement, Tract 36

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 56th Place, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 10.25 feet along said East right-of-way line; thence South 895156 East 10.39 feet, along a line perpendicular to said East right-of-way line, to a point on a non-tangent curve concave to the East having a radius of 25.00 feet, said point also being the true point of beginning; thence South 004222 East 34.70 feet; thence South 891738 West 5.00 feet; thence North 004222 West 19.70 feet to the beginning of a curve concave to the East having a radius of 25.00 feet; thence Northerly 16.09 feet, along said curve to the right having a chord bearing North 174343 East 15.81 feet, to the true point of beginning of the parcel herein described, containing 150 square feet or 0.0034 acres, more or less.

 

and

 

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Southwest corner of said Lot 1, said point being on the East right-of-way line of North Brighton Avenue, as now established; thence South 891737 East 7.27 feet, along the South line of said Lot 1, to the true point of beginning; thence North 004222 West 25.18 feet; thence North 891738 East 5.00 feet; thence South 004222 East 25.31 feet to a point on the South line of said Lot 1; thence North 891737 West 5.00 feet, along said South line, to the true point of beginning of the parcel herein described, containing 126 square feet or 0.0029 acres, more or less.

 

Temporary construction easement, Tract 36

A parcel of land situated in a portion of Lot 1, Block 3, SUMMERSET 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 56th Place, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 10.25 feet along said East right-of-way line; thence South 895156 East 10.39 feet, along a line perpendicular to said East right-of-way line, to a point on a non-tangent curve concave to the Southeast having a radius of 25.00 feet, said point also being the true point of beginning; thence Northeasterly 4.01 feet along said curve to the right having a chord bearing North 404542 East 4.01 feet; thence South 000804 West 133.04 feet, along a line 12.97 feet East of and parallel with said East right-of-way line, to a point on the South line of said Lot 1; thence North 891737 West 0.70 feet along said South line; thence North 004222 West 25.31 feet; thence South 891738 West 5.00 feet; thence North 004222 West 70.00 feet; thence North 891738 East 5.00 feet; thence North 004222 West 34.70 feet to the true point of beginning of the parcel herein described, containing 569 square feet or 0.0131 acres, more or less. Except that part lying in existing utility easements.

Street Right of Way, Tract 47

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 57th Street, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 895701 East 24.94 feet, along said South right-of-way line, to the beginning of a non-tangent curve concave to the Southeast having a radius of 25.00 feet; thence Southwesterly 39.21 feet along said curve to the left having a chord bearing South 450415 West 35.32 feet, to a point on said East right-of-way line; thence North 000804 East


24.96 feet, along said East right-of-way line, to the point of beginning of the parcel herein described, containing 134 square feet or 0.0031 acres, more or less.

Retaining wall easement, Tract 47

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Commencing at the Northwest corner of said Lot 1, said point being on the South right-of-way line of N.E. 57th Street, as now established and the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 24.96 feet, along said East right-of-way line, to the beginning of a non-tangent curve concave to the East having a radius of 25.00 feet, said point also being the true point of beginning; thence Northerly 16.09 feet, along said curve to the right having a chord bearing North 183410 East 15.81 feet, to a point 5.00 feet East of and at right angles to said East right-of-way line; thence South 000804 West 41.52 along a line 5.00 feet East of and parallel with said East right-of-way line; thence South 895156 East 17.03 feet; thence South 000804 West 10.00 feet along a line parallel with said East right-of-way line; thence North 895156 West 22.03 feet to a point on said East right-of-way line; thence North 000804 East 36.52 feet, along said East right-of-way line, to the true point of beginning of the parcel herein described, containing 404 square feet or 0.0093 acres, more or less.

Temporary construction easement, Tract 47

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Northeast corner of said Lot 1, said point being on the South right-of-way line of N.E. 57th Street, as now established; thence South 000257 West 16.00 feet along the East line of said Lot 1; thence North 895701 West 67.00 feet, along a line 16.00 feet South of and parallel with said South right-of-way line, to a point 12.00 feet East of and at right angles to the East right-of-way line of North Brighton Avenue, as now established; thence South 000804 West 34.14 along a line 12.00 feet East of and parallel with said East right-of-way line; thence South 895154 East 7.00 feet to a point 19.00 feet East of and at right angles to said East right-of-way line; thence South 000804 West 1.36 feet along a line 19.00 feet East of and parallel with said East right-of-way line; thence North 895156 West 14.00 feet to a point 5.00 feet East of and at right angles to said East right-of-way line; thence North 000804 East 41.52 feet, along a line 5.00 feet East of and parallel with said East right-of-way line, to a point on a non-tangent curve concave to the Southeast having a radius of 25.00 feet; thence Northeasterly 23.13 feet along said curve to the right having a chord bearing North 633020 East 22.31 feet, to a point on said South right-of-way line; thence South 895701 East 54.04 feet, along said South right-of-way line, to the point of beginning of the parcel herein described, containing 1,382 square feet or 0.0317 acres, more or less.

 

Except that part lying in existing utility easements.

 

and

 

A parcel of land situated in a portion of Lot 1, Block 4, RAVENWOOD 1ST PLAT, a subdivision of land in the City of Kansas City, Clay County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983).

 

Beginning at the Southwest corner of said Lot 1, said point being on the East right-of-way line of North Brighton Avenue, as now established; thence North 000804 East 58.52 feet; thence South 895156 East 19.00 feet; thence South 000804 West 25.64 feet along a line 19.00 feet East of and parallel with said East right-of-way line; thence North 895154 West 7.00 feet to a point 12.00 feet East of and at right angles to said East right-of-way line; thence South 000804 West 32.86 feet, along a line 12.00 feet East of and parallel with said East right-of-way line, to a point on the South line of said Lot 1; thence North 895701 West 12.00 feet, along said South line, to the point of beginning of the parcel herein described, containing 882 square feet or 0.0202 acres, more or less. Except that part lying in existing utility easements.

Section 5. 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 Clay County, Missouri at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1994, 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 for such purposes.

Section 6. That pending the acquisition of said lands by condemnation, the Director of City Development 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 condemnation proceedings.

Section 7. That the right of way, total take, along with the retaining wall, water main and temporary easements in above described tracts 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 Kansas City, Clay County, Missouri

_____________________________________________

 Approved as to form and legality:

  

___________________________________

Theodore T. Anderson

Assistant City Attorney