ORDINANCE NO. 951275
Condemning and taking private property in fee simple for
public use for KCIA expansion; providing for the payment of just compensation;
and authorizing negotiations for purchase by the Director of City Development.
WHEREAS, the Council finds and determines it
necessary to condemn and acquire fee simple title to the private property
hereinafter described and generally located East of I-435, north and south of
N.W. 120th Street, and at the southwest corner of N.W. 136th Street and N.W.
Nevada in Kansas City, Platte County, Missouri; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the following tracts of land are
hereby condemned and taken in fee simple for the public use for the expansion
of Kansas City International Airport. The tracts are legally described as
follows:
TRACT 101: The north half of the Northwest Quarter
of Section 20, Township 52, Range 34, Kansas City, Platte County,
Missouri, except that part described as follows: Beginning at the
northeast corner of said Northwest Quarter; thence south on quarter
section line 3.16 1/4 chains; thence west 1.58 1/8 chains; thence north
3.16 1/4 chains to section line between Section 17 and 20; thence with
same east 1.58 1/8 chains to the point of beginning.
TRACT 102E: A tract of land in the Northeast Quarter
of Section 20, Township 52, Range 34, Kansas City, Platte County,
Missouri, described as follows: Beginning at the northwest corner of said
Northeast Quarter; thence south along the quarter section line 3.16 1/4
chains; thence east 1.58 1/8 chains; thence north 3.16 1/4 chains to the
section line between Section 17 and 20, Township 52, Range 34; thence west
with said section line, 1.58 1/8 chains to the true point of beginning.
TRACT 102W: All that part of the Northwest Quarter
of Section 20, Township 52, Range 34, Kansas City, Platte County,
Missouri, described as follows: Beginning at the northeast corner of said
Northwest Quarter; thence south on quarter section line 3.16 1/4 chains;
thence west 1.58 1/8 chains; thence north 3.16 1/4 chains to section line
between Sections 17 and 20; thence with same east 1.58 1/8 chains to the
point of beginning.
TRACT 116: The Northeast Quarter of Section 19; and
the North Half of the Southeast Quarter of Section 19, all in Township 52,
Range 34, partially in Kansas City and wholly within Platte County,
Missouri, except that part granted to the State of Missouri by instrument
filed May 22, 1934, recorded in Right of Way Record Book 8, page 16, and
also except that part condemned by the State of Missouri, in the Report
of Commissioners, filed April 14, 1975, as Document No. 10229, in Book
463, page 159, in the office of the Recorder of Deeds, Platte County, Missouri,
and except that part thereof lying west of the east right of way line of
Interstate Route I-435.
TRACT 123: All of the south 100 acres of the
Southeast Quarter of Section 18, Township 52, Range 34, partially in
Kansas City and wholly in Platte County, Missouri, except that tract
described as follows: A tract consisting of 8 1/4 acres, square in shape,
lying and being situate in the southwest corner of said south 100 acres of
the said Southeast Quarter; and except that part thereof taken for
Interstate Route I-435 and except that part thereof in Route S.D. and
except that part thereof lying west of the east right of way line of
Interstate Route I-435.
TRACT 124: The West 1/2 of the Southwest 1/4 of
Section 17, Township 52, Range 34, partially in Kansas City, and wholly in
Platte County, Missouri, except that part in Route S.D.
TRACT 125: The East Half of the Southwest Quarter of
Section 17, Township 52, Range 34, partially in Kansas City, and wholly in
Platte County, Missouri, except that part conveyed to the State of
Missouri in Right of Way Book 8, at page 14.
TRACT 133A: The east 110 acres of the Northwest
Quarter of Section 8, Township 52, Range 34, partially in Kansas City, and
wholly in Platte County, Missouri, except a tract of land described as
follows: A tract of land in the northeast corner of the Northwest Quarter
of Section 8, Township 52, Range 34, described as follows: Beginning at
the northeast corner of said Northwest Quarter of Section 8, thence south
along the east line of said Northwest Quarter of Section 8, 270 feet;
thence west and parallel to the north line of said Northwest Quarter of
Section 8, 175 feet; thence north and parallel to the east line of said
Northwest Quarter of Section 8, 270 feet to the north line of said
Northwest Quarter of Section 8; thence east along the north line of said
Northwest Quarter of Section 8, 175 feet to the point of beginning; also
except a tract of land in the Northwest Quarter of Section 8, Township 52
North, Range 34 West, Platte County, Missouri, described as follows:
Commencing at the northeast corner of the Northwest Quarter of said
Section 8; thence South 00 00'00" West, 270.0 feet along the east
line of said Northwest Quarter of the true point of beginning; thence
South 00 00'00" West, 216.17 feet; thence South 89 25'12" West
parallel to the north line of said Northwest Quarter 156.0 feet; thence
North 00 00'00" East parallel to the east line of said Northwest
Quarter 216.17 feet; thence North 89 25';12" East parallel to the
north line of said Northwest Quarter 156.0 feet to the true point of
beginning; also except a tract of land conveyed to the State of Missouri,
acting by and through the State Highway Commission of Missouri, by General
Warranty Deed dated September 17, 1974, and recorded on October
25,
1974, in the office of Recorder of Deeds of Platte County, Missouri, as Document
No. 7833, in Book 454, page 452. Subject to the right of way for Nevada Avenue
over the east side of said tract.
Section 2. Just compensation for the property taken
or damaged shall be assessed and paid according to law. Payment for such
compensation of damages shall be made by Kansas City in cash from funds
appropriated for said purposes; and the proceedings to determine compensation
shall be prosecuted in one or more suits in the Circuit Court of Platte County,
Missouri, either pursuant to the provision 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 or pursuant to the procedures in Kansas
City's Charter, as determined by the City Attorney.
Section 3. Pending the acquisition of said lands by
condemnation, the Director of City Development is hereby authorized to
negotiate for and to purchase said property out of funds appropriated or to be
appropriated, and if any tracts be so acquired by purchase, the City Attorney
is authorized to withdraw same from the condemnation proceedings.
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Approved as to form and
legality:
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City Attorney