ORDINANCE NO. 960235
Condemning and taking private property in fee simple for
public use for the Civic Mall; providing for just compensation; and authorizing
negotiations by the Director of City Development.
WHEREAS, the Council finds and determines it
necessary to condemn and acquire fee simple title to the private property
hereinafter described and generally located between 9th and 11th Streets, Oak
and Locust for use as a Civic Mall; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the following properties are hereby
condemned and taken in fee simple for public use for the future site of the
Civic Mall:
Tract 1: Lots 5 and 6, and the south 24 feet of Lot
7, except that part of said premises in Oak Street, Block 5, Thomas A.
Smart's Addition, a subdivision in Kansas City, Jackson County, Missouri.
Tract 6: Lot 1 and the south half of Lot 2, Block 2,
Smart's Second Addition, a subdivision in Kansas City, Jackson County,
Missouri.
Tract 7: The north one-half of Lot 2, Block 2,
Smart's Second Addition, a subdivison in Kansas City, Jackson County,
Missouri.
Tract 11: Lot 3 and the south 18 feet of Lot 4,
Block 3, Smart's Second Addition, a subdivision in Kansas City, Jackson
County, Missouri.
Tract 13: Lots 6 and 7, Block 4, Thomas A. Smart's
Addition, a subdivision in Kansas City, Jackson County, Missouri.
Tract 13A: Lot 8, Block 4, Thomas A. Smart's
Addition, a subdivision in Kansas City, Jackson County, Missouri.
Tract 14: Lot 5, Block 4, Thomas A. Smart's
Addition, a subdivision in Kansas City, Jackson County, Missouri.
Section 2. 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 Sections 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. Pending the acquisition of these lands
by condemnation, the Director of City Development is authorized to negotiate
for and to purchase them out of funds appropriated or to be appropriated, and
the City Attorney is authorized to withdraw any tracts that are acquired from
the condemnation proceedings.
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Approved as to form
and legality:
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Assistant City
Attorney