ORDINANCE NO. 260966
title
Sponsor: Director of Public Works Department
Authorizing condemnation and taking of private property interests for public use for Street Right Of Way, Permanent Drainage Easement, Permanent Wall Easement, and Temporary Construction Easement purposes, for the construction, location and maintenance of the “Holmes Road Reconstruction from 137th Street to Blue Ridge Boulevard”, Project No. 89008543, 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 record this ordinance in the office of the Recorder of Deeds for Jackson County, Missouri.
body
WHEREAS the Council finds that the property interests herein described must be condemned for public use for the “Holmes Road Reconstruction from 137th Street to Blue Ridge Boulevard” 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 in and upon the land hereinafter described for Project No. 89008543, "Holmes Road Reconstruction from 137th Street to Blue Ridge Boulevard", 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. That the properties obtained by condemnation shall be used by the City of Kansas City, Missouri as street right of way, storm drainage easements, wall easements, and temporary construction easements for the location of improvements and utilities to be constructed therein including any necessary appurtenances to it; and Kansas City or its authorized agents, employees or independent contractors, and with Kansas City, Missouri's permission, utility companies franchised to operate in Kansas City, Missouri and their authorized agents, employees or independent contractors shall have the right to enter in or authorize the entry in and upon said properties for the purpose of constructing, reconstructing, maintaining, operating and repairing the following said improvements and utilities:
Street Right-of-Way
The Street Right of Way shall be taken and used by Kansas City, Missouri for the location, construction and maintenance of Holmes Road and associated improved intersections, drive approaches, and other 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. Furthermore, with Kansas City's permission, utility companies franchised to operate in Kansas City, Missouri shall have the right to enter in or authorize the entry in and upon said right of way to locate, construct, reconstruct, operate, repair and maintain their facilities and infrastructure including, but not limited to, water, gas, electricity, sewerage, telephone, cable TV, storm drainage, underground conduits, pad mounted transformers, service pedestals, poles, pipes, ducts and wires.
Permanent Drainage Easement
The Permanent Drainage Easements shall be used by the City of Kansas City, Missouri for the location, construction and maintenance of storm drainage systems and associated improved infrastructure to be constructed therein, including any necessary appurtenances thereto for the purpose of managing storm water runoff; and Kansas City, Missouri shall have the right to enter in or authorize the entry in and upon said Permanent Drainage Easement for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.
By the condemning of private property for this easement, it shall not be construed to prohibit the landowner of said condemned property from the safe and unrestricted use of the land adjacent to said Permanent Drainage Easement; provided, however, said easement shall be kept free from any structure or obstruction as would interfere with the proper, safe and continuous operation and maintenance of said drainage facilities and specifically shall not build thereon or there over any structure which may interfere with the operation, maintenance and use thereof.
Permanent Wall Easement
The Permanent Wall Easements shall be used by the City of Kansas City, Missouri for the location, construction, and maintenance and repair of a wall, and associated improved 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 Permanent Wall Easement for the purpose of locating, constructing, reconstructing, maintaining, operating and repairing said improvements.
By the condemning of private property for this easement, it shall not be construed to prohibit the landowner of said condemned property from the safe and unrestricted use of the land adjacent to said Permanent Wall Easement; provided, however, said easement shall be kept free from any structure or obstruction as would interfere with the proper, safe and continuous operation and maintenance of said wall and specifically shall not build thereon or there over any structure which may interfere with the operation, maintenance and use thereof.
Temporary Construction Easement (5) Years
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 Easements to be restored to substantially the same physical condition that existed at the time the City or its agents entered upon it, and said temporary construction easement shall terminate five (5) 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 4. That said property interests are hereby authorized condemned and taken for public use and are described as follows:
Tract No. 5
Permanent Drainage Easement #1 (13333 Holmes Rd):
A tract of land being a portion of that certain tract of land described as set forth in the Missouri Warranty Deed recorded March 2, 2015 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2015E0017164 and lying East of and continuous with the East right-of-way line of Holmes Road as now established 40 feet East of the centerline thereof and North of and continuous with the North right-of-way line of E 134th Street as now established 50 feet wide. Said tract of land being situated in the Southeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Beginning at the point of intersection of the East right-of-way line of aforesaid Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof with the North right-of-way line of aforesaid E 134th Street as now established 50 feet wide; thence N03°16’12”E along the East right-of-way line of said Holmes Road, a distance of 19.80 feet; thence S47°29’40”E, departing from said East right-of-way line, a distance of 31.96 feet to a point on the North right-of-way line of said E 134th Street, said point being 24.76 feet East of the East right-of-way line of said Holmes Road as measured along the North right-of-way line of said E 134th Street; thence N85°46’36”W along said North right-of-way line, a distance of 24.76 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 245 square feet, more or less.
Permanent Drainage Easement #2 (13333 Holmes Rd):
A tract of land being a portion of that certain tract of land described as set forth in the Missouri Warranty Deed recorded March 2, 2015 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2015E0017164 and lying East of and continuous with the East right-of-way line of Holmes Road as now established 40 feet East of the centerline thereof. Said tract of land being situated in the Southeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Commencing at the point of intersection of the East right-of-way line of aforesaid Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof with the North right-of-way line of aforesaid E 134th Street as now established 50 feet wide; thence N03°16’12”E along the East right-of-way line of said Holmes Road, a distance of 20.82 feet to the Point of Beginning of the tract of land to be herein described; thence continuing N03°16’12”E along the last described course, a distance of 17.55 feet; thence S86°16’30”E, departing from said East right-of-way line, a distance of 22.14 feet; thence S03°43’30”W, perpendicular to the last described course, a distance of 15.00 feet; thence N86°16’30”W, perpendicular to the last described course, a distance of 13.93 feet; thence S76°09’26”W, 8.46 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935.
Containing 341 square feet, more or less. Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Permanent Drainage Easement #3 (13333 Holmes Rd):
A tract of land being a portion of that certain tract of land described as set forth in the Missouri Warranty Deed recorded March 2, 2015 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2015E0017164 and lying East of and continuous with the East right-of-way line of Holmes Road as now established 40 feet East of the centerline thereof and South of and continuous with the North line of the tract of land described in said Missouri Warranty Deed. Said tract of land being situated in the Southeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Beginning at the point of intersection of the East right-of-way line of aforesaid Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof with the North line of the tract of land described in the aforesaid Missouri Warranty Deed; thence S03°16’12”W along the East right-of-way line of said Holmes Road, a distance of 4.36 feet; thence S63°08’22”E, departing from said East right-of-way line, a distance of 71.98 feet; thence N26°51’38”E, perpendicular to the last described course, a distance of 11.62 feet; thence N63°08’22”W, perpendicular to the last described course, a distance of 55.40 feet to a point on the North line of the tract of land described in said Missouri Warranty Deed, said point being 19.85 feet East of the East right-of-way line of said Holmes Road as measured along the North line of the tract of land described in said Missouri Warranty Deed; thence N85°44’28”W along the North line thereof, a distance of 19.85 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 784 square feet, more or less.
Temporary Construction Easement No. 1 (5) Years (13333 Holmes Rd):
A 5.00 feet wide tract of land being a portion of that certain tract of land described as set forth in the Missouri Warranty Deed recorded March 2, 2015 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2015E0017164 and lying East of and continuous with the East right-of-way line of Holmes Road as now established 40 feet East of the centerline thereof. Said tract of land being situated in the Southeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Commencing at the point of intersection of the East right-of-way line of aforesaid Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof with the North right-of-way line of E 134th Street as now established 50 feet wide; thence N03°16’12”E along the East right-of-way line of said Holmes Road, a distance of 45.27 feet to the Point of Beginning of the tract of land to be herein described; thence continuing N03°16’12”E along the last described course, a distance of 41.00 feet; thence S86°43’48”E, perpendicular to the last described course, a distance of 5.00 feet; thence S03°16’12”W, perpendicular to the last described course, a distance of 41.00 feet; thence N86°43’48”W, perpendicular to the last described course, a distance of 5.00 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935.
Containing 205 square feet, more or less. Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement No. 2 (5) Years (13333 Holmes Rd):
A tract of land being a portion of that certain tract of land described as set forth in the Missouri Warranty Deed recorded March 2, 2015 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2015E0017164 and lying East of and continuous with the East right-of-way line of Holmes Road as now established 40 feet East of the centerline thereof. Said tract of land being situated in the Southeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Commencing at the intersection of the East right-of-way line of aforesaid Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof with the North line of the tract of land described in the aforesaid Missouri Warranty Deed; thence S03°16’12”W along the East right-of-way line of said Holmes Road, a distance of 19.71 feet; thence continuing S03°16’12”W along the last described course, a distance of 163.90 feet; thence S86°43’48”E, perpendicular to the last described course, a distance of 5.92 feet; thence N05°43’26”E, 87.83 feet to a point 9.68 feet East of the East right-of-way line of said Holmes Road, as measured perpendicular to the East line thereof; thence N02°18’28”E, 32.74 feet; thence N86°43’48”W, perpendicular to said East right-of-way line, a distance of 4.13 feet to a point 5.00 feet East of the East right-of-way line of said Holmes Road, as measured perpendicular to the East line thereof; thence N03°16’12”E along a line 5.00 feet East of and parallel with the East right-of-way line of said Holmes Road, a distance of 43.42 feet; thence N86°43’48”W, perpendicular to the last described course, a distance of 5.00 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 1,210 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 6
Permanent Drainage Easement #3 (13323 Charlotte):
A tract of land being a portion of that certain tract of land described as set forth in the Special Warranty Deed recorded July 20, 2017 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2017E0066550 and lying East of and continuous with the East right-of-way line of Holmes Road as now established 40 feet East of the centerline thereof. Said tract of land being situated in the Southeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Beginning at the point of intersection of the East right-of-way line of aforesaid Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof with the South line of the tract of land described in the aforesaid Special Warranty Deed, said South line being 990 feet North of the Southwest corner of the Southeast Quarter of the Northeast Quarter of aforesaid Section 20 as measured along the West line of said Quarter, Quarter Section; thence S85°44’28”E along the South line of the tract of land described in said Special Warranty Deed, a distance of 19.85 feet; thence N63°08’22”W, 21.66 feet to a point on the East right-of-way line of said Holmes Road, said point being 8.33 feet North of the South line of the tract of land described in the aforesaid Special Warranty Deed as measured along said East right-of-way line; thence S03°16’12”W along the East right-of-way line of said Holmes Road, a distance of 8.33 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 83 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement (5) Years (13323 Charlotte):
A tract of land being a portion of that certain tract of land described as set forth in the Special Warranty Deed recorded July 20, 2017 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2017E0066550 and lying East of and continuous with the East right-of-way line of Holmes Road as now established 40 feet East of the centerline thereof. Said tract of land being situated in the Southeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Commencing at the point of intersection of the East right-of-way line of aforesaid Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof with the South line of the tract of land described in the aforesaid Special Warranty Deed, said South line being 990 feet North of the Southwest corner of the Southeast Quarter of the Northeast Quarter of aforesaid Section 20 as measured along the West line of said Quarter, Quarter Section; thence N03°16’12”E along the East right-of-way line of said Holmes Road, a distance of 174.84 feet to the Point of Beginning of the tract of land to be herein described; thence continuing N03°16’12”E along the last described course, a distance of 44.92 feet to a point on the Southeasterly right-of-way line of the Union Pacific Railroad (Formerly the Missouri Pacific Railroad) as now established 100 feet wide; thence N29°34’19”E along the Southeasterly right-of-way line of said railroad, departing from the East right-of-way line of said Holmes Road, a distance of 17.32 feet; thence S58°46’36”E, departing from the Southeasterly right-of-way line of said railroad, a distance of 8.21 feet; thence S31°13’24”W, 14.92 feet; thence S07°36’45”W, 43.55 feet; thence N86°43’48”W, perpendicular to the East right-of-way line of said Holmes Road, a distance of 4.64 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 407 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 9
Permanent Drainage Easement #1 (13105 Holmes Rd):
A variable width strip of land being a portion of Lot 1 of HOLMES ROAD CENTER - LOT 1, a subdivision in Kansas City, Jackson County, Missouri recorded July 12, 1991 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No. 1991K0979950 in Plat Book 38 at Page 41, being situated in the Northeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West as more particularly described as follows:
Commencing at the most West, Northwest corner of aforesaid Lot 1, being also a point on the East right-of-way line of Holmes Road as now established 50 feet East of the centerline of said Holmes Road, as measured perpendicular to the centerline thereof; thence S03°16’12”W (S03°16’43”W, Plat) along the West line of said Lot 1, being also along said East right-of-way line, a distance of 16.23 feet to the Point of Beginning of the variable width strip of land to be herein described; thence continuing S03°16’12”W (S03°16’43”W, Plat) along the last described course, a distance of 12.79 feet; thence N69°28’05”E, departing from the West line of said Lot 1 and from said East right-of-way line, a distance of 10.17 feet; thence S86°43’48”E, 38.42 feet; thence N03°16’12”E, perpendicular to the last described course, a distance of 12.75 feet; thence N86°43’48”W, perpendicular to the last described course, a distance of 38.59 feet; thence S69°18’42”W, 10.00 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 609 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Permanent Drainage Easement No. 2 (13105 Holmes Rd):
A variable width strip of land being a portion of that certain tract of land described as set forth in Tract 1 of the Special Warranty Deed recorded May 15, 2023 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No. 2023E0033842. Said variable width strip of land being situated in the Northeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Beginning at the Southwest corner of aforesaid Tract 1, being also a point on the East right-of-way line of Holmes Road as now established 40 feet East of the centerline of said Holmes Road as measured perpendicular to the centerline thereof; thence S86°43’48”E (S88°59’25”E, Deed) along the South line of said Tract 1, a distance of 219.25 feet; thence N03°16’12”E, perpendicular to the last described course, a distance of 2.67 feet; thence N30°38’54”E, 77.38 feet; thence N55°32’28”E, 11.93 feet; thence N21°16’26”E, 35.38 feet; thence N68°43’34”W, perpendicular to the last described course, a distance of 23.50 feet; thence S21°16’26”W, perpendicular to the last described course, a distance of 35.37 feet; thence S02°24’35”E, 8.25 feet; thence S30°21’55”W, 80.16 feet to a point 6.37 feet North of the South line of said Tract 1 as measured perpendicular to the South line thereof; thence N86°38’34”W, 206.23 feet to a point on the East right-of-way line of said Holmes Road, said point being 6.68 feet North of the Southwest corner of said Tract 1 as measured along said East right-of-way line; thence S03°16’12”W (S01°00’35”W, Deed) along said East right-of-way line, a distance of 6.68 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 3,460 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement No. 1 (5) Years (13105 Holmes Rd):
A tract of land being a portion of Lot 1 of HOLMES ROAD CENTER - LOT 1, a subdivision in Kansas City, Jackson County, Missouri recorded July 12, 1991 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No. 1991K0979950 in Plat Book 38 at Page 41, being situated in the Northeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West as more particularly described as follows:
Beginning at the most West, Northwest corner of aforesaid Lot 1, being also a point on the East right-of-way line of Holmes Road as now established 50 feet East of the centerline of said Holmes Road, as measured perpendicular to the centerline thereof; thence S03°16’12”W (S03°16’43”W, Plat) along the West line of said Lot 1, being also along said East right-of-way line, a distance of 190.74 feet; thence S86°43’48”E, perpendicular to the last described course, a distance of 6.83 feet; thence N07°10’17”E, 33.03 feet; thence N03°35’01”E, 80.35 feet; thence S86°43’48”E, perpendicular to the East right-of-way line of said Holmes Road, a distance of 72.51 feet; thence N02°59’18”E, 63.29 feet; thence N28°51’00”W, 15.15 feet to a point on the North line of said Lot 1, said point being 73.67 feet East of the Northwest corner of said Lot 1 as measured along the North line thereof; thence N85°42’23”W (N85°42’42”W, Plat) along the North line of said Lot 1, a distance of 73.67 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935.
EXCEPT the following described tract of land:
A variable width strip of land being a portion of Lot 1 of HOLMES ROAD CENTER - LOT 1, a subdivision in Kansas City, Jackson County, Missouri recorded July 12, 1991 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No. 1991K0979950 in Plat Book 38 at Page 41, being situated in the Northeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West as more particularly described as follows:
Commencing at the most West, Northwest corner of aforesaid Lot 1, being also a point on the East right-of-way line of Holmes Road as now established 50 feet East of the centerline of said Holmes Road, as measured perpendicular to the centerline thereof; thence S03°16’12”W (S03°16’43”W, Plat) along the West line of said Lot 1, being also along said East right-of-way line, a distance of 16.23 feet to the Point of Beginning of the variable width strip of land to be herein described; thence continuing S03°16’12”W (S03°16’43”W, Plat) along the last described course, a distance of 12.79 feet; thence N69°28’05”E, departing from the West line of said Lot 1 and from said East right-of-way line, a distance of 10.17 feet; thence S86°43’48”E, 38.42 feet; thence N03°16’12”E, perpendicular to the last described course, a distance of 12.75 feet; thence N86°43’48”W, perpendicular to the last described course, a distance of 38.59 feet; thence S69°18’42”W, 10.00 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing a net area of 6,627 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement No. 2 (5) Years (13105 Holmes Rd):
A tract of land being a portion of Lot 1 of HOLMES ROAD CENTER - LOT 1, a subdivision in Kansas City, Jackson County, Missouri recorded July 12, 1991 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No. 1991K0979950 in Plat Book 38 at Page 41, being also a portion of that certain tract of land described as set forth in Tract 1 of the Special Warranty Deed recorded May 15, 2023 in said Office of the Recorder of Deeds as Document No. 2023E0033842, all being situated in the Northeast Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in said City, County and State as more particularly described as follows:
Beginning at the Southwest corner of aforesaid Lot 1, being also a point on the East right-of-way line of line of Holmes Road as now established 50 feet East of the centerline thereof; thence N03°16’12”E (N03°16’43”E, Plat) along the West line of said Lot 1, being also along said East right-of-way line, a distance of 113.62 feet; thence S86°43’48”E, perpendicular to last described course, a distance of 13.84 feet; thence S02°22’35”W, 91.70 feet; thence S07°48’20”W, 126.37 feet; thence S15°05’22”W, 45.82 feet; thence N86°43’48”W, perpendicular to the East right-of-way line of line of said Holmes Road, a distance of 5.89 feet to a point on the West line of aforesaid Tract 1, said point being 40 feet East of the centerline thereof; thence N03°16’12”E (N01°00’35”E, Deed) along the West line of said Tract 1, being also along said East right-of-way line, a distance of 148.89 to a jog in said East right-of-way line, said point being 10 feet West of the Southwest corner of said Lot 1; thence S86°43’48”E, perpendicular to last described course, a distance of 10.00 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing a net area of 4,145 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 11
Temporary Construction Easement (5) Years (13061 Holmes Rd):
A tract of land being a portion of Lot 1, CROSSWINDS, a subdivision in Kansas City, Jackson County, Missouri recorded June 12, 1975 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No. 1975K0262722 in Plat Book 34 at Page 24, being situated in the Southeast Quarter of the Southeast Quarter of Section 17, Township 47 North, Range 33 West as more particularly described as follows:
Commencing at the Southeast corner of aforesaid Lot 1, being also a point on the North right-of-way line of E Blue Ridge Boulevard as now established 50 feet North of the centerline thereof; thence N85°44’18”W (N85°54’08”W, Plat) along said North right-of-way line, a distance of 273.43 feet to the Point of Beginning of the tract of land to be herein described; thence continuing thence N85°44’18”W (N85°54’08”W, Plat) along the last described course, a distance of 95.10 feet; thence Westerly, Northwesterly and Northerly along a curve to the right, tangent to the last described course and continuing along the Southerly line of said Lot 1, said curve having a radius of 15.00 feet and a central angle of 88°44’29”, an arc length of 23.23 feet to a point on the East right-of-way line of Holmes Road as now established 50 feet East of the centerline of said Holmes Road, as measured perpendicular to the centerline thereof; thence N03°00’14”E (N02°59’52”E, Plat) along the West line of said Lot 1, being also along said East right-of-way line, a distance of 40.76 feet; thence S86°59’54”E, departing from said East right-of-way line and from the West line of said Lot 1, a distance of 11.65 feet; thence S03°16’12”W, 50.66 feet; thence S85°42’23”E, 98.47 feet; thence S04°15’43”W, 4.97 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 1,086 square feet, more or less. Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 14
Temporary Construction Easement (5) Years (13408 Holmes Rd):
A variable width tract of land being a portion of that certain tract of land described as set forth in the Warranty Deed recorded August 15, 2018 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 2018E0071522 and lying West of and contiguous with the West right-of-way line of Holmes Road as now established 80 feet wide. Said variable width tract of land being situated in the Southwest Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City, in said County and State as more particularly described as follows:
Beginning at the Northeast corner of Lot 1, TOWN & COUNTRY CAR WASH, a subdivision in Kansas City, Jackson County, Missouri recorded April 17 1987 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No 1987K0769275 in Plat Book 37 at Page 9; thence S85°59’30”E (S86°00’54”E, Plat) along the Easterly prolongation of the North line of said Lot 1, being also along a jog in the West right-of-way line of aforesaid Holmes Road, a distance of 10.00 feet; thence N03°16’12”E along said West right-of-way line, a distance of 90.29 feet to a point on the North line of the tract of land described in the aforesaid Warranty Deed; thence N85°59’30”W along the North line of the tract of land described in the Warranty Deed, a distance of 34.94 feet; thence S03°16’12”W, parallel with said West right-of-way line, a distance of 23.90 feet; thence S73°25’28”E, 22.14 feet; thence S00°07’39”W, 61.70 feet to the Point of Beginning.
This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 1,672 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 15
Temporary Construction Easement (5) Years (13406 Holmes Rd):
A 34.94 feet wide strip of land being a portion of that certain tract of land described as set forth in the Trustee’s Deed recorded November 30, 2023 in the Office of the Recorder of Deeds for Jackson County, Missouri as Instrument No. 2023E0085961 and lying West of and contiguous with the West right-of-way line of Holmes Road as now established 80 feet wide, being situated in the Southwest Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City in said County and State. Said 34.94 feet wide strip of land being now more particularly described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of aforesaid Section 20; thence N03°15’06”E along the East line of said Quarter, Quarter Section, a distance of 534.22 feet to a point on the North line of the tract of land described in the aforesaid Trustee’s Deed; thence N86°43’48”W, perpendicular to the West right-of-way line of aforesaid Holmes Road as now established 80 feet wide, a distance of 40.97 feet to the Point of Beginning of the aforesaid 34.94 feet wide strip of land to be herein described; thence S03°16’12”W, perpendicular to the last described course, being now along said West right-of-way line, a distance of 71.17 feet to a point on the South line of the tract of land described in said Trustee’s Deed; thence N85°59’30”W along the South line of the tract of land described in said Trustee’s Deed, a distance of 34.94 feet; thence N03°16’12”E along a line 34.94 feet West of and parallel with said West right-of-way line, a distance of 71.17 feet to a point on the North line of the tract of land described in said Trustee’s Deed; thence S85°59’30”E along the North line of the tract of land described in said Trustee’s Deed, a distance of 34.94 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 2,487 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 16
Temporary Construction Easement (5) Years (13404 Holmes Rd):
A variable width strip of land, being also a portion of that certain tract of land described as set forth in the Trustee’s Deed recorded December 14, 2023 in the Office of the Recorder of Deeds for Jackson County, Missouri as Instrument No. 2023E0089328 and lying West of and contiguous with the West right-of-way line of Holmes Road as now established 80 feet wide, being situated in the Southwest Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City in said County and State. Said 34.94 feet wide strip of land being now more particularly described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of aforesaid Section 20; thence N03°15’06”E along the East line of said Quarter, Quarter Section, a distance of 633.69 feet to a point on the North line of the tract of land described in the aforesaid Trustee’s Deed; thence N86°43’48”W, perpendicular to the West right-of-way line of aforesaid Holmes Road as now established 80 feet wide, a distance of 40.94 feet to the Point of Beginning of the variable strip of land to be herein described; thence S03°16’12”W, perpendicular to the last described course, being now along said West right-of-way line, a distance of 99.47 feet to a point on the South line of the tract of land described in said Trustee’s Deed; thence N85°59’30”W along the South line of the tract of land described in said Trustee’s Deed, a distance of 34.94 feet; thence N03°16’12”E along a line 34.94 feet West of and parallel with said West right-of-way line, a distance of 36.14 feet; thence S85°41’31”E, a distance of 12.25 feet to a point 22.69 feet West feet of said West right-of-way line as measured perpendicular to the West line thereof; thence N03°16’12”E, along a line 22.69 feet West of and parallel with said West right-of-way line, a distance of 63.51 feet to a point on the North line of the tract of land described in said Trustee’s Deed; thence S85°41’30”E along the North line of the tract of land described in said Trustee’s Deed, a distance of 22.69 feet to the Point of Beginning. This description having been prepared by Tyler M. Sudduth, MO PLS-2025015912. MEC Corporate Certificate / License No. 201200935. Containing 3,479 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 17
Permanent Wall Easement (13340 - 13352 Holmes Rd):
A 5 feet wide strip of land being a portion of that certain tract of land described as set forth in the Missouri Warranty Deed recorded January 7, 2022 in the Office of the Recorder of Deeds for Jackson County, Missouri as Instrument No. 2022E0002345, being situated in the Southwest Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City in said County and State. Said 5 feet wide strip of land being now more particularly described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of aforesaid Section 20; thence N03°15’06”E along the East line of said Quarter, Quarter Section, a distance of 735.14 feet; thence N86°43’48”W, perpendicular to the West right-of-way line of Holmes Road as now established 80 feet wide, a distance of 40.90 feet to the Point of Beginning of the aforesaid 5 feet wide strip of land to be herein described; thence N03°16’12”E (N01°30’27”E, Deed), perpendicular to the last described course, being now along said West right-of-way line, a distance of 73.55 feet to the Northeast corner of the tract of land described in the aforesaid Missouri Warranty Deed; thence N85°41’30”W
(N87°27’15”W, Deed) along the North line of the tract of land described in said Missouri Warranty Deed, a distance of 5.00 feet; thence S03°16’12”W along a line 5.00 feet West of and parallel with said West right-of-way line, a distance of 73.64 feet; thence S86°43’48”E, a distance of 5.00 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 368 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement (5) Years (13340 - 13352 Holmes Rd):
A variable width strip of land being a portion of that certain tract of land described as set forth in the Missouri Warranty Deed recorded January 7, 2022 in the Office of the Recorder of Deeds for Jackson County, Missouri as Instrument No. 2022E0002345, being situated in the Southwest Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City in said County and State. Said 5 feet wide strip of land being now more particularly described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of aforesaid Section 20; thence N03°15’06”E along the East line of said Quarter, Quarter Section, a distance of 633.69 feet; thence N86°43’48”W, perpendicular to the West right-of-way line of Holmes Road as now established 80 feet wide, a distance of 40.94 feet to the Southeast corner of the tract of land described in the aforesaid Missouri Warranty Deed and the Point of Beginning of the aforesaid variable width strip of land to be herein described; thence N03°16’12”E (N01°30’27”E, Deed), perpendicular to the last described course, being now along said West right-of-way line, a distance of 101.45 feet to a point 73.55 feet South of the Northeast corner of the tract of land described in said Missouri Warranty Deed as measured along said West right-of-way line; thence N86°43’48”W, perpendicular to the last described course, a distance of 5.00 feet; thence N03°16’12”E, perpendicular to the last described course, being now along a line 5.00 feet West of and parallel with said West right-of-way line, a distance of 73.64 feet to a point on the North line of the tract of land described in said Missouri Warranty Deed; thence N85°41’30”W (N87°27’15”W, Deed) along the North line of the tract of land described in said Missouri Warranty Deed, a distance of 23.22 feet; thence S05°37’39”E, departing from said North line, a distance of 35.76 feet to a point 22.69 feet West of said West right-of-way line as measured perpendicular to the West line thereof; thence S03°16’12”W along a line 22.69 feet West of and parallel with said West right-of-way line, a distance of 139.77 feet to a point on the South line of the tract of land described in said Missouri Warranty Deed; thence S85°41’30”E (S87°27’15”E, Deed) along the South line of the tract of land described in said Missouri Warranty Deed, a distance of 22.69 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 3,700 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 18
Permanent Wall Easement (13324 Holmes Rd):
A 5 feet wide strip of land being a portion of that certain tract of land described as set forth in the Warranty Deed recorded January 13, 2012 in the Office of the Recorder of Deeds for Jackson County, Missouri as Instrument No. 2012E0004000, being situated in the Southwest Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City in said County and State. Said 5 feet wide strip of land being now more particularly described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of aforesaid Section 20; thence N03°15’06”E along the East line of said Quarter, Quarter Section, a distance of 808.69 feet; thence N85°41’30”W along a line parallel with the South line of said Quarter, Quarter Section, a distance of 40.88 feet to the Southeast corner of the tract of land described in the aforesaid Warranty Deed, being also a point on the West right-of-way line of Holmes Road as now established 40 feet West of the centerline thereof and the Point of Beginning of the aforesaid 5 feet wide strip of land to be herein described; thence N03°16’12”E along said West right-of-way line, a distance of 10.96 feet; thence N86°43’48”W, perpendicular to the last described course, a distance of 5.00 feet; thence S03°16’12”W along a line 5.00 feet West of and parallel with said West right-of-way line, a distance of 10.87 feet to a point on the South line of the tract of land described in said Warranty Deed; thence S85°41’30”E along said South line, a distance of 5.00 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 55 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement (5) Years (13324 Holmes Rd):
A tract of land being a portion of that certain tract of land described as set forth in the Warranty Deed recorded January 13, 2012 in the Office of the Recorder of Deeds for Jackson County, Missouri as Instrument No. 2012E0004000, being situated in the Southwest Quarter of the Northeast Quarter of Section 20, Township 47 North, Range 33 West in Kansas City in said County and State. Said tract of land being now more particularly described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of aforesaid Section 20; thence N03°15’06”E along the East line of said Quarter, Quarter Section, a distance of 808.69 feet; thence N85°41’30”W along a line parallel with the South line of said Quarter, Quarter Section, a distance of 40.88 feet to the Southeast corner of the tract of land described in the aforesaid Warranty Deed, being also a point on the West right-of-way line of Holmes Road as now established 40 feet West of the centerline thereof; thence continuing N85°41’30”W along the last described course, a distance of 5.00 feet to the Point of Beginning of the tract of land to be herein described; thence continuing N85°41’30”W along the last described course, a distance of 23.22 feet; thence N05°37’39”W, departing from the South line of the tract of land described in said Warranty Deed, a distance of 2.77 feet to a point 28.65 feet West of the West right-of-way line of Holmes Road as measured perpendicular to the West line thereof’; thence N03°16’12”E along a line 28.65 feet West of and parallel with said West right-of-way line, a distance of 92.13 feet; thence S86°43’48”E, perpendicular to the last described course, a distance of 17.65 feet to a point 11.00 feet West of the West right-of-way line of Holmes Road as measured perpendicular to the West line thereof; thence N03°16’12”E along a line 11.00 feet West of and parallel with said West right-of-way line, a distance of 85.33 feet to a point on the North line of the tract of land described in said Warranty Deed; thence S85°41’30”E along the North line of the tract of land described in said Warranty Deed, a distance of 11.00 feet to the Northeast corner thereof, being also a point on the West right-of-way line of said Holmes Road; thence S03°16’12”W along said West right-of-way line, being also along the East line of the tract of land described in said Warranty Deed, a distance of 169.61 feet to a point 10.96 feet North of the Southeast corner of the tract of land described in said Warranty Deed, as measured along the East line thereof; thence N86°43’48”W, perpendicular to the last described course, a distance of 5.00 feet; thence S03°16’12”W along a line 5.00 feet West of and parallel with said West right-of-way line, a distance of 10.87 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 3,608 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 27
Right-of-Way (13110 Holmes Rd):
A tract of land being a portion of Lots 3 and 4 of the COMMISSIONER’S PLAT OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 SECTION 20, TOWNSHIP 47, RANGE 33, now in Kansas City, Jackson County, Missouri recorded October 14, 1926 in the Office of the Recorder of Deeds for said County and State as Document No. 1926A0315299 in Book 2734 at Page 406 and being more particularly described as set forth in the Warranty Deed recorded July 18, 2017 in said Office of the Recorder of Deeds as Instrument No. 2017E0065228. Said tract of land being now more particularly described as follows:
Beginning at a point on the East line of aforesaid Lot 3, being also a point on the West right-of-way line of Holmes Road as now established 40 feet West of the centerline thereof and the Northeast corner of the tract of land described in the aforesaid Warranty Deed; thence N85°42’23”W (N85°42’13”W, Deed) along the North line of the tract of land described in said Warranty Deed, a distance of 8.00 feet; thence S03°16’12”W along a line 8.00 feet West of and parallel with said West right-of-way line, a distance of 129.29 feet; thence Southerly and Southeasterly along a curve to the left, tangent to the last described course, having a radius of 46.00 feet and a central angle of 31°23’17”, an arc length of 25.20 feet; thence Southeasterly along a curve to the right, tangent to the last described curve, having a radius of 36.00 feet and a central angle of 04°07’20”, an arc length of 2.59 feet to a point on the East line of aforesaid Lot 4, being also a point on the West right-of-way line of said Holmes Road, said point being 38.80 feet North of the Southeast corner of said Lot 4 as measured along East line thereof; thence N03°16’12”E (N03°17’12”E, Deed) along the East line of said Lots 4 and 3, being also along said West right-of-way line, a distance of 155.37 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 1,175 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Permanent Drainage Easement No. 1 (13110 Holmes Rd):
A tract of land being a portion of Lots 3 and 4 of the COMMISSIONER’S PLAT OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 SECTION 20, TOWNSHIP 47, RANGE 33, now in Kansas City, Jackson County, Missouri recorded October 14, 1926 in the Office of the Recorder of Deeds for said County and State as Document No. 1926A0315299 in Book 2734 at Page 406 and being more particularly described as set forth in the Warranty Deed recorded July 18, 2017 in said Office of the Recorder of Deeds as Instrument No. 2017E0065228. Said tract of land being now more particularly described as follows:
Commencing at a point on the East line of aforesaid Lot 3, being also a point on the West right-of-way line of Holmes Road as now established 40 feet West of the centerline thereof and the Northeast corner of the tract of land described in the aforesaid Warranty Deed; thence N85°42’23”W (N85°42’13”W, Deed) along the North line of the tract of land described in said Warranty Deed, a distance of 8.00 feet to the Point of Beginning of the tract of land to be herein described; thence S03°16’12”W along a line 8.00 feet West of and parallel with said West right-of-way line, a distance of 46.74 feet; thence N15°03’47”W, 49.53 feet to a point on the North line of the tract of land described in said Warranty Deed, said point being 23.58 feet West of the Northeast corner of the tract of land described in said Warranty Deed as measured along the North line thereof; thence S85°42’23”E (S85°42’13”E, Deed) along the North line of the tract of land described in the said Warranty Deed, a distance of 15.58 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 364 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
AND
Permanent Drainage Easement No. 2 (13110 Holmes Rd):
A tract of land being a portion of Lot 4 of the COMMISSIONER’S PLAT OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 SECTION 20, TOWNSHIP 47, RANGE 33, now in Kansas City, Jackson County, Missouri recorded October 14, 1926 in the Office of the Recorder of Deeds for said County and State as Document No. 1926A0315299 in Book 2734 at Page 406 and being more particularly described as set forth in the Warranty Deed recorded July 18, 2017 in said Office of the Recorder of Deeds as Instrument No. 2017E0065228. Said tract of land being now more particularly described as follows:
Commencing at the Southeast corner of aforesaid Lot 4, being also the Southeast corner of the tract of land described in the aforesaid Warranty Deed and a point on the West right-of-way line of Holmes Road as now established 40 feet West of the centerline thereof; thence N03°16’12”E (N03°17’12”E, Deed) along the East line of said Lot 4, being also along said West right-of-way line, a distance of 14.40 feet to the Point of Beginning of the tract of land to be herein described; thence continuing N03°16’12”E (N03°17’12”E, Deed) along the last described course, a distance of 19.47 feet; thence S43°12’22”W, departing from the East line of said Lot 4 and from said West right-of-way line, a distance of 26.88 feet; thence N86°43’48”W, perpendicular to said West right-of-way line, a distance of 7.99 feet to a point 25.25 feet West of the West right-of-way line of Holmes Road as measured perpendicular to the West line thereof; thence S03°16’12”W along a line 25.25 feet West of and parallel with said West right-of-way line, a distance of 12.84 feet to a point on the South line of said Lot 4, being also a point on the South line of the tract of land described in said Warranty Deed; thence S85°47’08”E (S85°42’13”E, Deed) along the South line of said Lot 4, being also along the South line of the tract of land described in said Warranty Deed, a distance of 13.36 feet to a point 11.89 feet West of the Southeast corner of said Lot 4 as measured along the South line thereof; thence N43°12’22”E, departing from the South line of said Lot 4 and from the South line of the tract of land described in said Warranty Deed, a distance of 18.52 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 422 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement No. 1 (5) Years (13110 Holmes Rd):
A tract of land being a portion of Lot 4 of the COMMISSIONER’S PLAT OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 SECTION 20, TOWNSHIP 47, RANGE 33, now in Kansas City, Jackson County, Missouri recorded October 14, 1926 in the Office of the Recorder of Deeds for said County and State as Document No. 1926A0315299 in Book 2734 at Page 406 and being more particularly described as set forth in the Warranty Deed recorded July 18, 2017 in said Office of the Recorder of Deeds as Instrument No. 2017E0065228. Said tract of land being now more particularly described as follows:
Beginning at the Southeast corner of aforesaid Lot 4, being also the Southeast corner of the tract of land described in the aforesaid Warranty Deed and a point on the West right-of-way line of Holmes Road as now established 40 feet West of the centerline thereof; thence N03°16’12”E (N03°17’12”E, Deed) along the East line of said Lot 4, being also along said West right-of-way line, a distance of 14.40 feet; thence S43°12’22”W, departing from the East line of said Lot 4 and from said West right-of-way line, a distance of 18.52 feet to a point on the South line of said Lot 4, being also a point on the South line of the tract of land described in said Warranty Deed, said point being 11.89 feet West of the Southeast corner of said Lot 4 as measured along the South line thereof; thence S85°47’08”E (S85°42’13”E, Deed) along the South line of said Lot 4, being also along the South line of the tract of land described in said Warranty Deed, a distance of 11.89 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 86 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
AND
Temporary Construction Easement No. 2 (5) Years (13110 Holmes Rd):
A tract of land being a portion of Lots 3 and 4 of the COMMISSIONER’S PLAT OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 SECTION 20, TOWNSHIP 47, RANGE 33, now in Kansas City, Jackson County, Missouri recorded October 14, 1926 in the Office of the Recorder of Deeds for said County and State as Document No. 1926A0315299 in Book 2734 at Page 406 and being more particularly described as set forth in the Warranty Deed recorded July 18, 2017 in said Office of the Recorder of Deeds as Instrument No. 2017E0065228. Said tract of land being now more particularly described as follows:
Commencing at a point on the East line of aforesaid Lot 3, being also a point on the West right-of-way line of Holmes Road as now established 40 feet West of the centerline thereof and the Northeast corner of the tract of land described in the aforesaid Warranty Deed; thence N85°42’23”W (N85°42’13”W, Deed) along the North line of the tract of land described in said Warranty Deed, a distance of 23.58 feet to the Point of Beginning of the tract of land to be herein described; thence S15°03’47”E, departing from the North line of the tract of land described in said Warranty Deed, a distance of 49.53 feet to a point 8.00 feet West of the East line of aforesaid Lot 4 and the West right-of-way line of said Holmes Road as measured perpendicular to the West line thereof; thence S03°16’12”W along a line 8.00 feet West of and parallel with said West right-of-way line, a distance of 82.55 feet; thence Southerly and Southeasterly along a curve to the left, tangent to the last described course, having a radius of 46.00 feet and a central angle of 31°23’17”, an arc length of 25.20 feet; thence Southeasterly along a curve to the right, tangent to the last described curve, having a radius of 36.00 feet and a central angle of 04°07’20”, an arc length of 2.59 feet to a point on the East line of aforesaid Lot 4, being also a point on the West right-of-way line of said Holmes Road, said point being 38.80 feet North of the Southeast corner of said Lot 4 as measured along East line thereof; thence S03°16’12”W (S03°17’12”W, Deed) along the East line of said Lot 4, being also along said West right-of-way line, a distance of 4.93 feet to a point 33.87 feet North of the Southeast corner of said Lot 4 as measured along East line thereof; thence S43°12’22”W, departing from the East line of said Lot 4 and from said West right-of-way line, a distance of 26.88 feet; thence N86°43’48”W, perpendicular to said West right-of-way line, a distance of 7.99 feet to a point 25.25 feet West of the West right-of-way line of Holmes Road as measured perpendicular to the West line thereof; thence N00°35’24”W, 11.46 feet to a point 26.02 feet West of the East line of said Lot 4 and the West right-of-way line of said Holmes Road as measured perpendicular to the West line thereof; thence N03°16’12”E along a line 26.02 feet West of and parallel with said West right-of-way line, a distance of 7.88 feet; thence N65°49’27”E, 8.61 feet to a point 18.37 feet West of the East line of said Lot 4 and the West right-of-way line of said Holmes Road as measured perpendicular to the West line thereof; thence N04°05’07”E, 73.27 feet to a point 17.33 feet West of the East line of said Lot 4 and the West right-of-way line of said Holmes Road as measured perpendicular to the West line thereof; thence N86°43’48”W, perpendicular to said West right-of-way line, a distance of 11.28 feet to a point 28.61 feet West of the West right-of-way line of Holmes Road as measured perpendicular to the West line thereof; thence N03°16’12”E along a line 28.61 feet West of and parallel with said West right-of-way line, a distance of 51.93 feet; thence N05°05’07”E, 32.94 feet to a point on the North line of the tract of land described in said Warranty Deed, said point being 27.57 feet West of the Northeast corner of the tract of land described in said Warranty Deed as measured along the North line thereof; thence S85°42’23”E (S85°42’13”E, Deed) along the North line of the tract of land described in said Warranty Deed, a distance of 3.99 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 2,581 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 28
Right-of-Way (13100 Holmes Rd):
A tract of land being a portion of Lot 1 SCHUSTER SQUARE, a subdivision in Kansas City, Jackson County, Missouri recorded June 8, 1995 in the Office of the Recorder of Deeds for said County and State as Document No. 1995K1195309 in Plat Book K39 at Page 27 and being now more particularly described as follows:
Commencing at the point of intersection with the North line of the Northeast Quarter of Section 20, Township 47 North, Range 33 West with the centerline of Holmes Road as now established, said point being 0.29 feet West of the Northeast corner of the Northwest Quarter of the Northeast Quarter of said Section 20 as measured along the North line thereof; thence S03°16’12”W along said centerline, a distance of 114.10 feet; thence N86°43’48”W, perpendicular to the last described course, a distance of 50.00 feet to a point on the West right-of-way line of said Holmes Road, being also a point on the East line of aforesaid Lot 1 and the Point of Beginning of the tract of land to be herein described; thence N03°16’12”E (N03°17’12”E, Plat) along the East line of said Lot 1, being also along said West right-of-way line, a distance of 50.25 feet; thence Northerly and Northwesterly along a curve to the left, tangent to the last described course and continuing along the Easterly line of said Lot 1 and along said Westerly right-of-way line, said curve having a radius of 15.00 feet and a central angle of 31°29’07”, an arc length of 8.24 feet to a point 2.21 feet West of the East line of said Lot 1 as measured perpendicular to the East line thereof; thence S03°16’12”W along a line 2.21 feet West of and parallel with the East line of said Lot 1, a distance of 46.39 feet; thence Southerly and Southeasterly along a curve to the left, tangent to the last described course, having a radius of 32.08 feet and a central angle of 21°23’00”, an arc length of 11.97 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 114 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Permanent Drainage Easement No. 1 (13100 Holmes Rd):
A tract of land being a portion of Lot 1 SCHUSTER SQUARE, a subdivision in Kansas City, Jackson County, Missouri recorded June 8, 1995 in the Office of the Recorder of Deeds for said County and State as Document No. 1995K1195309 in Plat Book K39 at Page 27 and being now more particularly described as follows:
Commencing at the point of intersection with the North line of the Northeast Quarter of Section 20, Township 47 North, Range 33 West with the centerline of Holmes Road as now established, said point being 0.29 feet West of the Northeast corner of the Northwest Quarter of the Northeast Quarter of said Section 20 as measured along the North thereof; thence S03°16’12”W along said centerline, a distance of 68.67 feet; thence N86°43’48”W, perpendicular to the last described course, a distance of 52.21 feet to a point 2.21 feet West of the West right-of-way line of said Holmes Road and the Point of Beginning of the tract of land to be herein described; thence N41°19’40”W, 28.02 feet to a point on the North line of aforesaid Lot 1, being also a point on the South right-of-way line of E Blue Ridge Boulevard as now established 50 feet South of the North line of the Northeast Quarter of said Section 20 as measured perpendicular to the North line thereof; thence S85°42’23”E (S85°42’13”E, Plat) along the North line of said Lot 1, being also along said South right-of-way line, a distance of 7.15 feet; thence Easterly and Southeasterly along a curve to the right, tangent to the last described course and continuing along the North line of said Lot 1 and along said South right-of-way line, said curve having a radius of 15.00 feet and a central angle of 57°29’28”, an arc length of 15.05 feet to a point 52.21 feet West of the centerline of said Holmes Road, as measured perpendicular to the centerline thereof; thence S03°16’12”W along a line 52.21 feet West of and parallel with said centerline, a distance of 12.66 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 167 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
AND
Permanent Drainage Easement No. 2 (13100 Holmes Rd):
A tract of land being a portion of Lot 3 of the COMMISSIONER’S PLAT OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 SECTION 20, TOWNSHIP 47, RANGE 33, now in Kansas City, Jackson County, Missouri recorded October 14, 1926 in the Office of the Recorder of Deeds for said County and State as Document No. 1926A0315299 in Book 2734 at Page 406 and being more particularly described as set forth in the Missouri Special Warranty Deed recorded October 31, 2012 in said Office of the Recorder of Deeds as Instrument No. 2012E0117106. Said tract of land being now more particularly described as follows:
Beginning at point on the South line of the tract of land described in the aforesaid Missouri Special Warranty Deed, being also a point on the West right-of-way line of Holmes Road as now established 50 feet West of the centerline thereof as established by the General Warranty Deed recorded March 7, 2013 in the aforesaid Office of the Recorder of Deeds as Instrument No. 2013E0022801; thence N03°16’12”E (N03°16’58”E, Deed) along said West right-of-way line, a distance of 17.42 feet; thence N86°43’48”W, perpendicular to the last described course and departing from said West right-of-way line, a distance of 17.50 feet; thence S03°29’35”W, 17.10 feet to a point on the South line of the tract of land described in the aforesaid Missouri Special Warranty Deed, said point being 17.57 feet West of the West right-of-way line of said Holmes Road as measured along the South line of the tract of land described in said Missouri Special Warranty Deed; thence S85°42’23”E (S85°42’13”E, Deed) along said South line, a distance of 17.57 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 303 square feet, more or less.
Basis of Bearings: Missouri State Plane Coordinate System, NAD 83, West Zone.
Temporary Construction Easement (5) Years (13100 Holmes Rd):
A tract of land being a portion of Lot 1 SCHUSTER SQUARE, a subdivision in Kansas City, Jackson County, Missouri recorded June 8, 1995 in the Office of the Recorder of Deeds for said County and State as Document No. 1995K1195309 in Plat Book K39 at Page 27, ALSO being a portion of Lots 2 and 3 of the COMMISSIONER’S PLAT OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 SECTION 20, TOWNSHIP 47, RANGE 33, now in Kansas City, Jackson County, Missouri recorded October 14, 1926 in said Office of the Recorder of Deeds as Document No. 1926A0315299 in Book 2734 at Page 406 and being more particularly described as set forth in the Missouri Special Warranty Deed recorded October 31, 2012 in said Office of the Recorder of Deeds as Instrument No. 2012E0117106. Said tract of land being now more particularly described as follows:
Commencing at point on the South line of the tract of land described in the aforesaid Missouri Special Warranty Deed, being also a point on the West right-of-way line of Holmes Road as now established 50 feet West of the centerline thereof as established by the General Warranty Deed recorded March 7, 2013 in the aforesaid Office of the Recorder of Deeds as Instrument No. 2013E0022801; thence N03°16’12”E (N03°16’58”E, Deed) along said West right-of-way line, a distance of 17.42 feet to the Point of Beginning of the tract of land to be herein described; thence N86°43’48”W, perpendicular to the last described course and departing from said West right-of-way line, a distance of 17.50 feet; thence N18°37’37”W, 47.63 feet to a point 35.26 feet West of the West right-of-way line of said Holmes Road as measured perpendicular to the West line thereof; thence N03°16’12”E along a line 35.26 feet West of and parallel with said West right-of-way line, a distance of 22.08 feet; thence N11°46’25”E, 148.80 feet; thence N07°27’52”E, 110.63 feet; thence N00°46’54”W, 148.87 feet; thence N32°34’50”W, 31.74 feet; thence N04°17’37”E, 19.36 feet to a point on the North line of aforesaid Lot 1, being also a point on the South right-of-way line of E Blue Ridge Boulevard as now established 50 feet South of the North line of the Northeast Quarter of said Section 20 as measured perpendicular to the North line thereof; thence S85°42’23”E (S85°42’13”E, Plat) along the North line of said Lot 1, being also along said South right-of-way line, a distance of 12.05 feet; thence S41°19’40”E, departing from the North line of said Lot 1 and from said South right-of-way line, a distance of 28.02 feet to a point 2.21 feet West of the West right-of-way line of said Holmes Road as measured perpendicular to the West line thereof; thence S03°16’12”W along a line 2.21 feet West of and parallel with said West right-of-way line, a distance of 33.73 feet; thence Southerly and Southeasterly along a curve to the left, tangent to the last described course, having a radius of 32.08 feet and a central angle of 21°23’00”, an arc length of 11.97 feet to a point on the East line of said Lot 1; being also a point on the West right-of-way line of said Holmes Road as established 50 feet West of the centerline thereof; thence S03°16’12”W (S03°17’12”W, Plat) along said West right-of-way line, being also along the East line of said Lot 1, SCHUSTER SQUARE and along the Southerly extension thereof, a distance of 451.76 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 9,044 square feet, more or less.
Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Tract No. 29
Temporary Construction Easement (5) Years (660 E Blue Ridge Blvd):
A tract of land being a portion of that certain tract of land described as Tract 5 of the Quit Claim Deed recorded March 3, 2021 in the Office of the Recorder of Deeds for Jackson County, Missouri as Document No. 2021E0031819 and being situated in the Southwest Quarter of the Southeast Quarter of Section 17, Township 47 North, Range 33 West as more particularly described as follows:
Beginning at the Southeast corner of the tract of land described as Tract 5 in aforesaid Quit Claim Deed, said point being the intersection of the North right-of-way line of E Blue Ridge Boulevard as now established 30 feet North of the centerline of said E Blue Ridge Boulevard, as measured perpendicular to the centerline thereof with the West right-of-way line of Holmes Road as now established 40 feet West of the centerline of said Holmes Road, as measured perpendicular to the centerline thereof; thence N85°47’50”W along the North right-of-way line of said E Blue Ridge Boulevard, being also along the South line of the tract of land described in said Tract 5, a distance of 157.74 feet; thence N04°12’10”E, perpendicular to the last described course, departing from said North right-of-way line and from the South line of the tract of land described as Tract 5 in aforesaid Quit Claim Deed, a distance of 15.01 feet; thence S85°42’23”E, 139.21 feet to a point 14.79 feet North of the North right-of-way line of said E Blue Ridge Boulevard as measured perpendicular to the North line thereof, said point being 18.25 feet West of the West right-of-way line of said Holmes Road as measured perpendicular to the West line thereof; thence N03°16’12”E, 41.47 feet; thence S86°28’01”E, 18.14 feet to a point on the West right-of-way line of said Holmes Road, said point being 56.48 feet North of the North right-of-way line of said E Blue Ridge Boulevard as measured along the West right-of-way line of said Holmes Road; thence S03°07’26”W along said West right-of-way line, a distance of 56.48 feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker, MO PLS-2005019220. MEC Corporate Certificate / License No. 201200935. Containing 3,103 square feet, more or less. Basis of Bearings - Missouri State Plane Coordinate System, NAD 83, West Zone.
Section 5. 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 6. 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 7. That said tracts and interests 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 Jackson County, Missouri.
end
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Approved as to form:
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Abigail Judah
Associate City Attorney