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