Kansas City had to exert some powerful pressure on Attorney Robert W. McKinley to get him to
sign an agreement as president of the dead Birmingham Drainage District,  But even he drew
the line at claiming to control parts of two lots actually purchased by the dead district. He would
not agree for the city to include the lots within the fence of its hazardous sludge disposal site.
       The levee actually cuts through two lots of the Vrooman Acres Subdivision at levee

      Station 179+80, NE 28th Street crossing -

      Because the Birmingham Drainage District had not filed the 1916 condemnation order

      in the Clay County Recorder of Deeds Office, these lots, originally condemned  by the

      District,  had been sold to private individuals such as  Leonel F. Schlobohm.  Besides

       having to buy  back this part of the of the District property from the mortgage holder, the

      District  would buy a 30 feet wide roadway easement leading up to the levee crossing

      from Mr. Schlobohm in 1958.
      1951 - January 25/
              Deed from American Mutual Life Insurance Company to Birmingham Drainage

      Lots 70 and 71, except that part lying Westerly from the westerly right-of-way line

      for the Missouri River Levee, all in Vrooman Acres, a Subdivision in Clay County,

Both the City and McKinley knew these lots were separate from the levee and were not claimed as a
part of the:

1990 - October 15/

              Agreement between Birmingham Drainage District and Kansas City to place         

      a fence alone the Levee within 20 feet of the toe of the levee, because:

              "Whereas, Kansas City is required by the State of Missouri to erect a fence         

      around the area over which the sludge is to be applied. (Book 2001, page 49)

              Kansas City recognizes that even though BDD has given its permission to         

      erect said fence, the erection and maintenance of the fence in no way lessens or         

      impinges on BDD's title to the right of way it owns extending 140 feet riverward from         

      the crown of the levee." (Book 2001, page 50)