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Legislation #: 180774 Introduction Date: 10/4/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property interests for public use for street right of way purposes and for temporary construction easements for the construction, location and maintenance of Project No. 89008088 “Front Street, I-35 to Universal Avenue Improvements” from I-35, east, to Universal Avenue, in Kansas City, Jackson 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 Jackson County, Missouri.

Legislation History
DateMinutesDescription
10/3/2018 Filed by the Clerk's office
10/4/2018 Referred to Transportation & Infrastructure Committee
10/11/2018 Do Pass
10/11/2018 Assigned to Third Read Calendar
10/18/2018 Passed

View Attachments
FileTypeSizeDescription
180774.Recorded Information.pdf Recorded Info 513K Recorded Information
180774.pdf Authenticated 445K Authentication
8900 8088 Condmntn fact sheet Submitted 09092018.xlsx Fact Sheet 23K 8900 8088 Front St Condmntn fact sheet
89008088 Front Strt I-35 to Universal Ave Imprvmnts Photo.pdf Maps 1707K 89008088 Front Strt I-35 to Universal Ave Imprvmnts Photo
89008088 Front Strt I-35 to Universal Ave Imprvmnts Map.pdf Maps 1109K 89008088 Front Strt I-35 to Universal Ave Imprvmnts Map

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ORDINANCE NO. 180774

 

Authorizing condemnation and taking of private property interests for public use for street right of way purposes and for temporary construction easements for the construction, location and maintenance of Project No. 89008088 “Front Street, I-35 to Universal Avenue Improvements” from I-35, east, to Universal Avenue, in Kansas City, Jackson 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 Jackson County, Missouri.

 

WHEREAS, the Council finds that the property interests herein described must be condemned for public use as street right of way and for temporary construction easements required for the construction and maintenance of the “Front Street, I-35 to Universal Avenue Improvements” project, and associated improved intersections, drive approaches, and infrastructure in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY, MISSOURI:

 

Section 1. That the property interests herein described are hereby authorized condemned and taken for public use as street right of way and for temporary construction easements under, over, upon and across the land herein after described for the construction and maintenance of Project No. 89008088, “Front Street, I-35 to Universal Avenue Improvements”, including any necessary structures or appurtenances, all in Kansas City, Jackson 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 used by Kansas City, Missouri for the location, construction and maintenance of the “Front Street, I-35 to Universal Avenue Improvements” project 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 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 easement to be restored to substantially the same physical condition that existed at the time the City or its agents entered upon it, except for grading and sloping changes made to the property, and said temporary construction easement 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 5. That said property interests are hereby authorized condemned and taken for public use and are described as follows:

 

Tract 6

 

Street Right-of-Way

 

A tract of land situated in the Northeast Quarter of Northwest Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

 

Commencing at the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 26, said point being on the South right-of-way line of Front Street, as now established; Thence South 87°34'32" East 355.00 feet, along the South line of the Northwest Quarter of the Northwest Quarter of said Section 26 and said South right-of-way line, to a point being on the Southerly prolongation of the East line of a certain tract of land conveyed by Warranty Deed recorded in Doc. No. K-630470 in Book K-1352 at Page 1172; Thence North 02°13'06" East 100.00 feet, along said Southerly prolongation, to a point on the North right-of-way line of Front Street, as now established; Thence South 87°34'32" East 1,951.97 feet, along said North right-of-way line, to the "true point of beginning"; Thence North 53°45'59" East 79.98 feet; Thence North 30°52' 18" West 522.54 feet to a point on the Southwesterly right-of-way line North Chouteau Trafficway, as now established; Thence South 36°17'22" East 391.14 feet along said Southwesterly right-of-way line; Thence South 27°36' 13" East 189.67 feet, along said Southwesterly right-of-way line, to the most Northerly corner of a certain tract of land deeded for street purposes, dated September 6, 1956, said point being on the Northwesterly right-of-way line of Front Street, as now established; Thence South 51°31 '37" West 26.45 feet, along said Northwesterly right-of-way line, to the Southwest corner of said certain tract of land deeded for street purposes, dated September 6, 1956, said point being on the North right-of-way line of said Front Street; Thence North 87°34'32" West 95.15 feet, along said North right-of-way line, to the "true point of beginning" of the tract herein described.

 

Containing 15,585.2 square feet or 0.36 acres, more or less.

 

Temporary Construction Easement (3 year duration)

 

A tract of land situated in the Northeast Quarter of Northwest Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

 

Commencing at the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 26, said point being on the South right-of-way line of Front Street, as now established; Thence South 87°34'32" East 355.00 feet, along the South line of the Northwest Quarter of the Northwest Quarter of said Section 26 and said South right-of-way line, to a point being on the Southerly prolongation of the East line of a certain tract of land conveyed by Warranty Deed recorded in Doc. No. K-630470 in Book K-1352 at Page 1172; hence North 02°13'06" East 100.00 feet, along said Southerly prolongation, to a point on the North right-of-way line of Front Street, as now established; Thence South 87°34'32" East 2,047.12 feet, along said North right-of-way line, to the Southwest corner of a certain tract of land deeded for street purposes, dated September 6, 1956, said point being on the Northwesterly right-of-way line of Front Street, as now established; Thence North 51°31 '37" West 26.45 feet, along said Northwesterly right-of-way line, to the most Northerly corner of said certain tract of land deeded for street purposes, dated September 6, 1956, said point being on the Southwesterly right-of-way line North Chouteau Trafficway, as now established; Thence North 27°36'13" West 189.67 feet along said Southwesterly right-of-way line; Thence North 36°17'22" West 391.14 feet, along said Southwesterly right-of-way line, to the ''true point of beginning"; Thence South 30°52' 18" East 522.54 feet;

Thence South 53°45'59" West 10.04 feet; Thence North 31°17'01" West 522.32 feet; Thence North 54°15'42" East 13.80 feet, to the "true point of beginning" of the tract herein described.

 

Containing 6,203 square feet or 0.1424 acres. more or less.

 

Tract #8

 

Street Right-of-Way

 

A tract of land situated in the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

Beginning at the intersection of the north right-of-way line of Front Street, as now established, by Doc. No. B-110404 in Book B-4779 at Page 567 and the Northeasterly right-of-way line of North Chouteau Trafficway (formerly Manchester Trafficway), as now established by Doc. No. 31779, dated September 24, 1965; thence North 35 degrees 40 minutes 15 seconds West 5.41 feet along said Northeasterly right-of-way line; Thence South 87 degrees 34 minutes 22 seconds East 181.09 feet along a line parallel with said north right-of-way line; Thence South 02 degrees 18 minutes 09 seconds West 4.26 feet to a point on said north right-of-way line; Thence North 87 degrees 34minutes 22seconds West 177.76 feet, along said north right-of-way line, to the “point of beginning” of the tract herein described.

 

Containing 764 square feet or 0.0175 acres, more or less.

 

and

 

Temporary Construction Easement No. 1 (3 year duration)

 

A tract of land situated in the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

 

Commencing at the intersection of the north right-of-way line of Front Street, as now established, by Doc. No. B-110404 in Book B-4779 at Page 567 and the Northeasterly right-of-way line of North Chouteau Trafficway (formerly Manchester Trafficway), as now established by Doc. No. 31779, dated September 24, 1965; Thence North 35 degrees 40 minutes 15 seconds West 5.41 feet, along said northeasterly right-of-way line, to the “point of beginning; Thence continuing North 35 degrees 40 minutes15 seconds West 9.06 feet along said northeasterly right-of-way line; Thence South 87 degrees 34 minutes 22 seconds East 690.40 feet, to a point on the east line of a certain tract of land conveyed by Warranty Deed recorded in Doc. No. 2004K-0020935 and the west line of a spur track, 50.00 feet in width, as recorded in Doc. No. B-282451 in Book B-5133 at Page 426; Thence South 02 degrees 16 minutes 24 seconds West 11.39 feet, along said east and west line, to a point on said north right-of-way line; Thence North 87 degrees 34 minutes 22seconds West 503.74 feet along said north right-of-way line; Thence North 02 degrees 18 minutes 09 seconds East 4.26 feet; Thence North 87 degrees 34 minutes 22 seconds West 181.09 feet, along a line parallel with said north right-of-way line, to the “point of beginning” of the tract herein described.

 

Containing 7,049 square feet or 0.1618 acres, more or less.

 

and

 

Temporary Construction Easement No. 2 (3 year duration)

 

A tract of land situated in the Northeast Quarter of the Northwest Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

 

Commencing at the intersection of the North right-of-way line of Front Street, as now established, by Doc. No. B-110404 in Book B-4779 at Page 567 and the Northeasterly right-of-way line of North Chouteau Trafficway (formerly Manchester Trafficway), as now established by Doc. No. 31779, dated September 24, 1965; Thence North 35 degrees 40 minutes 15 seconds West 148.49 feet, along said northeasterly right-of-way line, to the “point of beginning; Thence continuing North 35 degrees 40 minutes 15 seconds West 154.54 feet, along said northeasterly right-of-way line, to the northwesterly corner of a certain tract of land conveyed by Warranty Deed recorded in Doc. No. 2004K-0020935; Thence North 54 degrees 19 minutes 45 seconds East 17.73 feet along the northwesterly line of said certain tract of land conveyed by Warranty Deed recorded in Doc. No. 2004K-0020935; Thence South 35 degrees 27 minutes 04 seconds East 156.60 feet; Thence South 61degrees 10 minutes 46 seconds West 17.25 feet, to the “point of beginning” of the tract herein described.

 

Containing 2,712 square feet or 0.0623 acres, more or less.

 

Tract #17B and Tract #18

 

Street Right-of-Way

 

A tract of land situated in the Southeast Quarter of the Northwest Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of said Section 26, said point being on the South right-of-way line of Front Street, as now established; Thence South 87º34’32” East 2,469.06 feet, along said South right-of-way line and the North line of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of said Section 26, to the “point of beginning”; Thence continuing South 87º34’32 East 12.99 feet, along said South right-of-way line, to the Southwesterly right-of-way line of North Chouteau Trafficway (Formerly Manchester Trafficway), as now established, by Doc. No. 31779, dated September 24, 1965; Thence South 28º11’26” East 317.30 feet, along said Southwesterly right-of-way line, to a point on the East line of the Southeast Quarter of the Northwest Quarter of said Section 26 and the West right-of-way line of North Chouteau Trafficway (Formerly Manchester Trafficway), as now established, by Doc. No. 31779, dated September 24, 1965; Thence South 02º12’35” West 23.19 feet along said West right-of-way line and said East line; Thence North 28º05’53” West 343.91 feet, to the “point of beginning” of the tract herein described.

 

Containing 3,785 square feet or 0.0869 acres, more or less.

 

Temporary Construction Easement (3 year duration)

 

A tract of land situated in the Southeast Quarter of the Northwest Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of said Section 26, said point being on the South right-of-way line of Front Street, as now established; Thence South 87º34’32” East 2,359.06 feet, along said South right-of-way line and the North line of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of said Section 26, to the “point of beginning”; Thence continuing South 87º34’32 East 110.00 feet along said South right-of-way line; Thence South 28º05’53” East 343.91, to a point on the East line of the Southeast Quarter of the Northwest Quarter of said Section 26 and the West right-of-way line of North Chouteau Trafficway (Formerly Manchester Trafficway), as now established, by Doc. No. 31779, dated September 24, 1965; Thence South 02º12’35” West 17.05 feet along said West right-of-way line and said East line; Thence North 27º31’29” West 350.00 feet; Thence North 83º55’58” West 110.22 feet; Thence North 02º25’28” East 3.04 feet, along a line perpendicular to said South right-of-way line, to the “point of beginning” of the tract herein described.

 

Containing 3,076 square feet or 0.0706 acres, more or less.

 

Tract #23

 

Temporary Construction Easement (3 year duration)

 

A tract of land situated in the Southeast Quarter of the Northeast Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 26; Thence North 87 degrees 34 minutes 22 seconds West 369.90 feet, along the north line of the Southeast Quarter of the Northeast Quarter of said Section 26 and the south right-of-way line of Front Street, as now established, to a point on the west line of a 200 feet x 500 feet tract to Kansas City Southern Railway Company for a wye track recorded in Doc. No. A-786128 in Book B-3730 at Page 492, said point also being the “point of beginning”; Thence South 00 degrees 10 minutes 28 seconds East 12.01 feet, along said west line, to a point being 12.00 feet South of and at right angles to said south right-of-way line; Thence North 87 degrees 34 minutes 22 seconds West 501.41 feet, along a line 12.00 feet South of and parallel with said south right-of-way line, to a point on the easterly line of a certain tract of land conveyed by Warranty Deed recorded in Doc. No. 2005K-0033500, said point being on a non-tangent curve concave to the east having a radius of 484.28 feet; Thence Northerly 12.88 feet, along said easterly line and said curve to the right having a chord bearing of North 18 degrees 53 minutes 12 seconds West 12.88 feet, to a point on said south right-of-way line; Thence South 87°34’22” East 505.54 feet, along said south right-of-way line and the north line of the Southeast Quarter of the Northeast Quarter of said Section 26, to the “point of beginning” of the tract herein described.

 

Containing 6,042 square feet or 0.1387 acres, more or less.

 

Tract 23A

 

Temporary Construction Easement No. 1 (3 year duration)

 

A tract of land situated in the Southeast Quarter of the Northeast Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

Commencing at the northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 26; Thence North 87 degrees 34 minutes 22 seconds West 169.69 feet, along the north line of the Southeast Quarter of the Northeast Quarter of said Section 26 and the south right-of-way line of Front Street, as now established, to a point on the east line of a 200 feet x 500 feet tract to Kansas City Southern Railway Company for a wye track recorded in Doc. No. A-786128 in Book B-3730 at Page 492, said point also being the “point of beginning”; Thence South 00 degrees 10 minutes 28 seconds East 10.01 feet to a point being 10.00 feet south of and at right angles to said south right-of-way line; Thence North 87 degrees 34 minutes 22 seconds West 125.86 feet along a line 10.00 feet South of and parallel with said south right-of-way line; Thence South 02 degrees 25 minutes 38 seconds West 10.00 feet to a point being 20.00 feet South of and at right angles to said south right-of-way line; Thence North 87 degrees 34 minutes 22 seconds West 73.89 feet, along a line 20.00 feet South of and parallel with said south right-of-way line, to a point on the west line of said 200 feet x 500 feet tract to Kansas City Southern Railway Company for a wye track recorded in Doc. No. A-786128 in Book B-3730 at Page 492; Thence North 00 degrees 10 minutes 28 seconds West 20.02 feet, along said west line, to a point on said south right-of-way line; Thence South 87 degrees 34 minutes 22 seconds East 200.21 feet, along said south right-of-way line and the north line of the Southeast Quarter of the Northeast Quarter of said Section 26, to the “point of beginning” of the tract herein described.

 

Containing 2,743 square feet or 0.0630 acres, more or less.

 

and

 

Temporary Construction Easement No. 2 (3 year duration)

 

A tract of land situated in the Southwest Quarter of the Northeast Quarter of Section 26, Township 50 North, Range 33 West of the 5th Principal Meridian in the City of Kansas City, Jackson County, Missouri, said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

Commencing at the intersection of the south right-of-way line of Front Street, as now established, by Doc. No. B-110404 in Book B-4779 at Page 567 and the northeasterly right-of-way line of the jointly owned Kansas City Southern Railway Company and the Chicago, Milwaukee, St. Paul & Pacific Railroad, as shown on the Certificate of Survey recorded in Doc. No. K-798380 in Book S-2 at Page 117; Thence South 87 degrees 34 minutes 22 seconds East 632.88 feet, along said south right-of-way line and the north line of the Southwest Quarter of the Northeast Quarter of said Section 26, to the northwest corner of a railroad right-of-way, 33.50 feet in width, to Southern Development Company, as recorded in Doc. No. B-282451 in Book B-5133 at Page 426, said point also being the “point of beginning”; Thence continuing South 87 degrees 34 minutes 22 seconds East 34.80 feet, along said south right-of-way line and said north line, to the northeast corner of said railroad right-of-way, 33.50 feet in width, to Southern Development Company, as recorded in Doc. No. B-282451 in Book B-5133 at Page 426, said point being the beginning of a non-tangent curve concave to the east having a radius of 371.20 feet; Thence Southerly 25.30 feet, along the easterly line of said railroad right-of-way and said curve to the left having a chord bearing of South 15 degrees 57 minutes 32 seconds East 25.29 feet, to a point being 24.00 feet South of and at right angles to said south right-of-way line; Thence North 87 degrees 34 minutes 22 seconds West 35.53 feet, along a line 24.00 feet South of and parallel with said south right-of-way line, to a point on the westerly line of said railroad right-of-way, 33.50 feet in width, to Southern Development Company, as recorded in Doc. No. B-282451 in Book B-5133 at Page 426, said point being on a non-tangent curve concave to the east having a radius of 404.70 feet; Thence Northerly 25.08 feet, along the westerly line of said railroad right-of-way and said curve to the right having a chord bearing of North 14 degrees 23 minutes 16 seconds West 25.07 feet, to the “point of beginning” of the tract herein described.

 

Containing 844 square feet or 0.0194 acres, more or less.

 

Section 6. 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 Jackson 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 7. 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 8. That said tracts and interests be condemned and conveyed to Kansas City, Missouri.

 

Section 9. 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 Jackson County, Missouri.

 

__________________________________________________

 

Approved as to form and legality:

 

 

___________________________

Matthew Cooper

Assistant City Attorney