ORDINANCE NO. 050069
Condemning and taking private
property for flood protection improvements, for the purpose of construction,
reconstruction, maintenance, operation, patrol, and repair of flood protection
improvements, recreational and related purposes and any and all appurtenances
incidental thereto in, under, along, upon, over and through that reach of the
Blue River known as Byrams Ford Industrial Park; providing for the payment of
just compensation thereof; and authorizing negotiations by the Director of City
Development and the Director of Water Services, all in Kansas City, Jackson
County, Missouri.
WHEREAS, the
Council finds that it did, by Resolution No. 44436, passed September 13, 1974,
reaffirmed Kansas City's intent to remain as local sponsor of the Blue River
Improvement Project and agreed to acquire right-of-way necessary for said
project, and;
WHEREAS, the
Council further finds that it did, by Ordinance No. 921244, passed November 22,
1992, authorized the Director of Public Works, on behalf of the City of Kansas
City, to enter into and execute a four party cooperative agreement between and
among the United States of America, through its Army Corps of Engineers; the
City of Kansas City, Missouri, a Missouri municipality; Byrams Ford Industrial
Park Association, an unincorporated association; and the Monnett Battle of
Westport Fund, Inc., a not-for profit corporation of the state of Missouri
relating to channel work, on the Blue River, adjacent to Byrams Ford Industrial
and Historic Area for the purpose of acquiring lands, easements and
right-of-way to construct a flood protection improvements in the Byrams Ford Industrial Park and;
WHEREAS, George
Satterlee, as Director of Public Works for the City of Kansas City, Missouri,
Colonel Wilbur H. Boutin, Jr., as District Engineer of the U.S. Army Corps of
Engineers for the United States of America, Ray Hines, President of the Byrams
Ford Industrial Park Association, and Orvis Fitts, Chairman of the Monnett
Battle of Westport Fund, Inc., did execute and sign the Alternate Dispute
Resolution / Partnering Agreement on December 1, 1992; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section
1. That the following described tract of land is hereby condemned and taken in
fee simple for public use for construction,
reconstruction, maintenance, operation, patrol, and repair of flood protection
improvements, recreational and related purposes and any and all appurtenances
incidental thereto in, under, along, upon, over and through that reach
of the Blue River known as the Byrams Ford Industrial Park, in Kansas City,
Jackson County, Missouri:
Parts
of Lots 7 and 8, BYRAM FORD PARK ADDITION, a subdivision in Kansas City,
Jackson County, Missouri according to the recorded plat thereof, described more
particularly as follows: Beginning at the Northwest corner of said Lot 7;
thence South 02 28 33 West along the Westerly line of said Lot 7, a distance
of +/- 200.00 feet to an angle point therein; thence South 34 01 07 West
along said Westerly line, a distance of +/- 79.20 feet to the Northeast Right
of Way line of 60th Street, said point being the most Westerly
corner of Lot 7; thence Southeasterly along the Northeast Right of Way line of
60th Street, a distance of +/- 56.30 feet, to the Northwest corner
of a tract of land described in Document B 340807, Book 5300, Page 610, as
recorded in the office of the Recorder of Deeds for Jackson County, Missouri;
thence Easterly along the North line of said tract of land described in
Document B 340807, Book 5300, Page 610, South 87 29 06 East, a distance of
365.00 feet; thence departing said deed line North 02 08 33 East, a
distance of 165.00 feet; thence North 87 29 06 West, a distance of 80.00
feet; thence North 45 37 07 West, a distance of +/- 206.32 feet to a point
on the North line of said Lot 7, said point also being 134.00 feet East of the
Northwest corner of said lot; thence North 87 33 37 West, along said North
line, to the point of beginning.
Section 2. That
just compensation for the property taken or damaged 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 at Kansas City, pursuant to the provisions of Chapter 523 of the
Revised Statutes of Missouri, 1994, 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 in cash from funds appropriated for such purposes.
Section 3. That
pending the acquisition of said lands by condemnation, the Director of City
Development and the Director of Water Services are hereby authorized to
purchase said land out of funds appropriated or to be appropriated as
aforesaid, and if any tracts be so acquired by purchase, the City Attorney is
authorized to withdraw same from condemnation proceedings.
__________________________________________
Approved as to
form and legality:
________________________________
John H.
Altergott, Jr.
Assistant City Attorney