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Legislation #: 140223 Introduction Date: 3/20/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of a billboard and ancillary rights on the Southeast corner of 20th and Main; receiving evidence of a blighted, substandard and insanitary area; making a determination that the area is blighted, substandard and insanitary; authorizing continued negotiations by the Public Works Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; providing for the payment of just compensation therefore; 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
3/18/2014 Filed by the Clerk's office
3/20/2014 Referred to Planning, Zoning & Economic Development Committee
3/26/2014 Hold On Agenda (4/2/2014)
4/2/2014 Hold On Agenda (4/16/2014)
4/16/2014 Do Pass as a Committee Substitute
4/17/2014 Assigned Third Read Calendar as Substituted
4/24/2014 Passed as Substituted

View Attachments
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140223.pdf Authenticated 185K Authenticated
anderson ordinance 040214.pptx Maps 582K Map
140223 Fact Sheet.pdf Fact Sheet 185K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140223

 

Authorizing condemnation and taking of a billboard and ancillary rights on the Southeast corner of 20th and Main; receiving evidence of a blighted, substandard and insanitary area; making a determination that the area is blighted, substandard and insanitary; authorizing continued negotiations by the Public Works Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; providing for the payment of just compensation therefore; 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, City passed Ordinance No. 140027 on January 23, 2014, which ordinance enacted laws under which City can implement the powers granted to the City through Missouri Constitutuional Article VI, Section 21; and

 

WHEREAS, there is abundant evidence that the property hereinafter described is blighted, substandard and insanitary in the City of Kansas City; and

 

WHEREAS, the Council finds that private property, in the form of the billboard and ancillary interests, including those interests 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 evidence that the area is blighted, substandard and insanitary presented by staff regarding the billboard on the property hereafter described and that said property is hereby found to be blighted, substandard and insanitary in the City of Kansas City, Missouri.

 

Section 2. That the billboard and ancillary rights are hereby authorized condemned and taken to clear the blighted, substandard and insanitary conditions in and upon the land hereinafter described and make it ready for redevelopment, in Kansas City, Jackson County, Missouri.

 

Section 3. That the property, after the blighted, substandard and insanitary conditions are cleared, shall be made available by Kansas City for redevelopment in the area of the southeast corner of 20th and Main in accord with laws and regulations.

 

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:

 


 

THE EASEMENT PROPERTY

(As described in exhibit “A” Doc. 2007E0113421)

 

The easement property is the billboard and ancillary rights on the property legally described as: 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 property by condemnation, the Director of Public Works is hereby authorized to negotiate the purchase of said property and pay for it 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.

 

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