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Legislation #: 150429 Introduction Date: 6/25/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the condemnation and taking of private properties in fee simple for public use for Street Improvement Project No. 89008009 22nd - 23rd Street Connecter, in the vicinity of 22nd and 23rd Street, from Brooklyn Avenue to Chestnut 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 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
6/3/2015 Filed by the Clerk's office
6/25/2015 Referred to Transportation & Infrastructure Committee
7/9/2015 Advance and Do Pass, Debate
7/9/2015 Passed

View Attachments
FileTypeSizeDescription
150429.pdf Recorded Info 326K Recorded Info
Map Tract #26 - 2211 Wabash Ave..pdf Maps 1328K Map Tract #26 - 2211 Wabash Ave.
Map Tract #23 - 2417 E 22nd Street.pdf Maps 1483K Map Tract #23 - 2417 E 22nd Street
Map Tract #22 - 2220 Prospect Ave..pdf Maps 1483K Map Tract #22 - 2220 Prospect Ave.
Map Tract #15 - 2214 Wabash Ave..pdf Maps 1484K Map Tract #15 - 2214 Wabash Ave.
89008009 22nd - 23rd Street Connecter Cndmn fact sheet 03072015.xlsx Fact Sheet 22K Project # 89008009 "22nd - 23rd Street Connecter" Condemnation Ordinance

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ORDINANCE NO. 150429

 

Authorizing the condemnation and taking of private properties in fee simple for public use for Street Improvement Project No. 89008009 22nd - 23rd Street Connecter, in the vicinity of 22nd and 23rd Street, from Brooklyn Avenue to Chestnut 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 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 properties must be condemned for public use for the 22nd - 23rd Street Connecter 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 properties are hereby authorized condemned and taken for public use in and upon the land hereinafter described for Project No. 89008009 22nd - 23rd Street Connecter, 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 the Public Works Department, the same being on file in the Office of the Director of the Public Works Department, and being incorporated herein by reference.

 

Section 3. That the properties shall be used by Kansas City as the location of 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 properties for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements.

 

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

 

Tract 15 - 2214 Wabash: The whole property legally described as Lot 7, Block 6, Prospect Summit, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 22 - 2220 Prospect: The whole property legally described as Lots 10 and 11, Block 1, Prospect Summit, an addition in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 23 – 2417 E. 22nd Street: The whole property legally described as the east 25 feet of the west 97 feet of Lots 1 and 2, Block 6, Prospect Summit, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 26 - 2211 Wabash: The whole property legally described as the north 14 feet of Lot 23 and the south 14 feet of Lot 24, Block 1, Prospect Summit, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Section 5. That just compensation for the properties 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 properties be condemned and conveyed to 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.

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Approved as to form and legality:

 

 

_____________________________

Austin M. Steelman

Assistant City Attorney