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Legislation #: 150198 Introduction Date: 3/26/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the condemnation and taking of private property in fee simple for public use for Storm Water Project No. 82000148, Storm Drainage Improvements, Eastern Avenue to Old Santa Fe Road, in the vicinity of 9030 Eastern Ave between Old Santa Fe Road and Loma Vista Drive, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Public Works Department; 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.

Legislation History
DateMinutesDescription
3/19/2015 Filed by the Clerk's office
3/26/2015 Referred to Transportation & Infrastructure Committee
4/16/2015 Advance and Do Pass, Debate
4/16/2015 Passed

View Attachments
FileTypeSizeDescription
150198 Rcrd Info.pdf Recorded Info 247K Recorded Info
150198.pdf Authenticated 163K Authenticated
150198 fact sheet .pdf Fact Sheet 22K 150198
Tract #3 - 9030 Eastern Ave.pdf Maps 1655K Location Map

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ORDINANCE NO. 150198

 

Authorizing the condemnation and taking of private property in fee simple for public use for Storm Water Project No. 82000148, Storm Drainage Improvements, Eastern Avenue to Old Santa Fe Road, in the vicinity of 9030 Eastern Ave between Old Santa Fe Road and Loma Vista Drive, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Public Works Department; 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.

 

WHEREAS, the Council finds that the fee interest in private property must be condemned for public use for the Storm Drainage Improvements, Eastern Avenue to Old Santa Fe Road Project in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the fee interest in private property is hereby authorized condemned and taken for public use in and upon the land hereinafter described for Project No. 82000148, Storm Drainage Improvements, Eastern Avenue to Old Santa Fe Road, including any necessary structures or appurtenances, 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 Water Services, the same being on file in the Office of the Director of Water Services, and being incorporated herein by reference.

 

Section 3. That the property shall be used by the City of Kansas City as the location of storm drainage improvements to be constructed therein including any necessary appurtenances to it; and Kansas City shall have the right to enter in or authorize the entry in and upon said property for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements.

 

Section 4. That the private property is hereby authorized condemned and taken for public use and hereby described as follows:

 

Tract 3 – 9030 Eastern Avenue

 

The whole property located at 9030 Eastern, Kansas City, MO and legally described as the South 66 feet of the North 132 feet of Lot 15, Palestine Acres, a subdivision in Kansas City, Jackson County, Missouri, according the recorded plat thereof.

 

Section 5. That just compensation for the property 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 for such purposes.

 

Section 6. That pending the acquisition of said lands by condemnation, the Director of the Public Works Department 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 property be condemned and conveyed to the City of Kansas City, Missouri, in fee simple.

 

Section 8. That upon the effective date of this ordinance, the City Clerk is hereby directed to record this ordinance in the office of the Recorder of Deeds for Jackson County, Missouri.

 

_______________________________________________

 

Approved as to form and legality:

 

______________________________

Austin Steelman

Assistant City Attorney