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Legislation #: 140221 Introduction Date: 3/27/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking private property interests in fee simple for public use; receiving evidence of economic and social blight; making a determination of economic and social blight; providing for the payment of just compensation; authorizing continued negotiations by the City Planning and Development/Public Works Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
3/17/2014 Filed by the Clerk's office
3/27/2014 Referred to Planning, Zoning & Economic Development Committee
4/2/2014 Hold Off Agenda
1/20/2015 Release
1/14/2015 Release
2/2/2015 Released

View Attachments
FileTypeSizeDescription
140221 Offer Letter.pdf Other 143K Offer Letter
R-2014-00264 Main easement.pdf Other 125K Main Easement

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ORDINANCE NO. 140221

 

Authorizing condemnation and taking private property interests in fee simple for public use; receiving evidence of economic and social blight; making a determination of economic and social blight; providing for the payment of just compensation; authorizing continued negotiations by the City Planning and Development/Public Works Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.

 

WHEREAS, there is abundant evidence that the property hereinafter described is an economic and social blight on the City of Kansas City; and

 

WHEREAS, the Council finds that private property and interests in private property, as expressed in the Easement Rights granted in Doc. 2007E0113421 recorded in Jackson County, Missouri, must be condemned in fee simple for the public purpose of clearing blight in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council has considered the economic and social blight evidence presented by staff regarding the property hereafter described and that said property is hereby declared an economic and social blight on the City of Kansas City, Missouri.

 

Section 2. That the fee interests in private property is hereby authorized condemned and taken for public use in and upon the land hereinafter described for the 2001Main Street Redevelopment Plan, in Kansas City, Jackson County, Missouri.

 

Section 3. That the property shall be used by Kansas City to clear blight in the area of the southeast corner of 20th and Main.

 

Section 4. That the private property is hereby authorized condemned in a proceeding instituted in Jackson County, Missouri, by the City Attorney and hereby described as follows:

 

All that part of lots 11 and 12, Union Station Addition, a subdivision in Kansas City, Jackson County, Missouri, being more particularly described as follows; Commencing at the intersection of the East Right-of-Way line of Main Street and the South Right-of-Way line of 20th Street, as now established; Thence South 2 Degrees 25 Minutes 35 Seconds West, along said East Right-of-Way line, a distance of 136.92 feet to the Point of Beginning of the easement to be herein described; Thence continuing South 2 Degrees 25 Minutes 35 Seconds West, along said East Right-of-Way line, a distance of 25.66 feet; Thence South 87 Degrees 15 Minutes 37 Seconds East, a distance of 54.13 feet; Thence North 2 Degrees 24 Minutes 58 Seconds East, a distance of 25.69 feet; Thence North 87 Degrees 17 Minutes 40 Seconds West, a distance of 54.13 feet to the Point of Beginning.

 

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 City Planning and Development Department/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 property 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.

 

_________________________________________________

 

Approved as to form and legality:

 

 

___________________________

Theodore T. Anderson

Assistant City Attorney