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Legislation #: 910307 Introduction Date: 3/28/1991
Type: Ordinance Effective Date: 4/14/1991
Sponsor: None
Title: Condemning and taking private property for public use for the expansion of Bartle Hall in the vicinity of 14th and Broadway and providing for the payment of just compensation therefore.

Legislation History
DateMinutesDescription
3/28/1991

Prepare to Introduce

3/28/1991

Referred Audit And Operations Committee

4/3/1991

Advance and Do Pass

4/4/1991

Passed


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ORDINANCE NO. 910307

 

Condemning and taking private property for public use for the expansion of Bartle Hall in the vicinity of 14th and Broadway and providing for the payment of just compensation therefore.

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WHEREAS, the Council finds and determines that it is necessary to condemn and take the herein described easements in connection with the project to improve and expand Bartle Hall in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That there is hereby condemned and taken an exclusive easement in, over, under, upon and across the below described tract of land located in the City of Kansas City, Jackson County, Missouri, for the purpose of removing any existing improvements, changing the grade of the land, and installing, constructing, reconstructing, occupying, using, maintaining and repairing accesses, art works, one or more buildings, driveways, entranceways, landscaping, parking structures, signs, and any other structures or installations, whether functional or decorative, to be used in connection with Kansas City's convention complex including Bartle Hall, Barney Allis Plaza and the Municipal Auditorium, including all appurtenant uses which Kansas City in its sole discretion deems necessary, appropriate or desirable to enhance such use of the property, to wit:

 

Tract No. 1

 

Parcel I All of Lots 1, 2 and 3, Bellemare Place, except that part in I-35, a subdivision in Kansas City, Jackson County, Missouri.

 

Parcel II Lots 14 and 15, Block 2, Broadway Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof together with the adjacent part of the northeast 1/4 of the southeast 1/4 of Section 6, Township 49, Range 33, described as: Beginning at the southeast corner of said Lot 15, Block 2, Broadway Addition and running west with the south lot line to the southwest corner of said Lot 15; thence south 3 1/2 feet; thence east parallel with the first course to a point in the west line of Broadway that is 3 1/2 feet south of the point of beginning; thence north with said street line 3 1/2 feet to the point of beginning, except that part thereof, if any, which lies south of the north line of Lot 1, Bellemare Place, an addition in Kansas City, Jackson County, Missouri, also except that part of Lot 14, Block 2, Broadway Addition, described as follows: Beginning at the northeast corner of said Lot 14; thence south along the east line of said Lot 19.6 feet to a point; thence westerly in a straight line to a point 120 feet west of the east line of said Lot 14, measured at right angles thereto and 10.47 feet south of the north line of said Lot 14, measured at right angles thereto said point being in the west line of said Lot 14 and the east line of an alley 11 feet wide lying west of and adjoining Lot 14; thence north and parallel with the east line of said Lot 14 and along the east line of said alley 10.47 feet to the north line of said Lot 14, thence east along the north line of said Lot 120 feet to the point of beginning.

 

During the period that this easement shall continue in effect, Kansas City shall have the exclusive right at all times to go upon the land herein described to construct, reconstruct, occupy, use, maintain and repair the said facilities as may be necessary, and the owners of the fee shall not use nor attempt to use said property in any manner that would interfere with the proper, safe and continuous maintenance and use of said buildings and other facilities or installations and specifically shall not build thereon, thereunder or thereover any structure which may interfere with the maintenance and use of the property for the purposes described herein.

 

To the extent necessary to allow Kansas City the full and unrestricted use of the easement rights granted hereunder, it shall have the right to exclude the owners of the fee from the premises covered by this easement except that the owners of the fee shall have the unrestricted right to go upon the property to remediate any conditions of contamination existing thereon or thereunder provided that they shall not, in doing so, unreasonably interfere with Kansas City's exercise of its rights granted under this easement and further providing that upon completion of such remediation the owners of the fee shall restore the premises to essentially the same condition existing prior to its undertaking of such remediation.

 

The owners of the fee shall have the continuing right to use the property for any purpose which does not conflict or interfere with its use and enjoyment, by Kansas City and members of the public for the purposes aforesaid. Upon abandonment of this easement by Kansas City, all right, title and interest in the property encumbered by this easement shall continue vested in the owners of the fee or their successors or assigns but free of this easement interest.

 

Section 2. That there is hereby condemned and taken an exclusive easement in, over, under, upon and across the below described tract of land located in the City of Kansas City, Jackson County, Missouri, for the purpose of removing any existing improvements, changing the grade of the land, and installing, constructing, reconstructing, occupying, using, maintaining and repairing accesses, art works, one or more buildings, driveways, entranceways, landscaping, parking structures, signs, and any other structures or installations, whether functional or decorative, to be used in connection with Kansas City's convention complex including Bartle Hall, Barney Allis Plaza and the Municipal Auditorium, including all appurtenant uses which Kansas City in its sole discretion deems necessary, appropriate or desirable to enhance such use of the property, to wit:

 

Tract No. 2

 

Lots 20, 21 and 22, and the south 19.5 feet of Lot 23, Block 12, Reid's Addition, a subdivision in Kansas City, Jackson County, Missouri.

 

During the period that this easement shall continue in effect, Kansas City shall have the exclusive right at all times to go upon the land herein described to construct, reconstruct, occupy, use, maintain and repair the said facilities as may be necessary, and the owners of the fee shall not use nor attempt to use said property in any manner that would interfere with the proper, safe and continuous maintenance and use of said buildings and other facilities or installations and specifically shall not build thereon, thereunder or thereover any structure which may interfere with the maintenance and use of the property for the purposes described herein.

 

To the extent necessary to allow Kansas City the full and unrestricted use of the easement rights granted hereunder, it shall have the right to exclude the owners of the fee from the premises covered by this easement except that the owners of the fee shall have the unrestricted right to go upon the property to remediate any conditions of contamination existing thereon or thereunder provided that they shall not, in doing so, unreasonably interfere with Kansas City's exercise of its rights granted under this easement and further providing that upon completion of such remediation the owners of the fee shall restore the premises to essentially the same condition existing prior to its undertaking of such remediation.

 

The owners of the fee shall have the continuing right to use the property for any purpose which does not conflict or interfere with its use and enjoyment, by Kansas City and members of the public for the purposes aforesaid. Upon abandonment of this easement by Kansas City, all right, title and interest in the property encumbered by this easement shall continue vested in the owners of the fee or their successors or assigns but free of this easement interest.

 

Section 3. That just compensation for the property taken herein shall be assessed and paid according to law. Payment of such compensation shall be made by Kansas City in cash from funds appropriated or to be appropriated for said purposes. The proceeding for taking of the property shall be instituted and prosecuted in the Circuit Court of Jackson County, Missouri, at Kansas City, either in separate units or jointly against the various tracts, pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, 1986 as supplemented or amended by Section 86 of the Rules of Civil Procedure.

 

Section 4. That pending the acquisition of said tracts by condemnation, the Director of Finance is hereby authorized to purchase any or all of said lands out of funds appropriated or to be appropriated for said purpose and if the tracts be so acquired by purchase, the City Attorney is authorized to withdraw the same from the condemnation proceedings.

 

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Approved as to form and legality:

 

 

 

 

 

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Assistant City Attorney