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Legislation #: 120509 Introduction Date: 5/31/2012
Type: Ordinance Effective Date: 7/8/2012
Sponsor: None
Title: Amending Ordinance No. 120509 by repealing Section 2 and enacting in lieu thereof, a new section of like number and subject matter, condemning private properties for public use.

Legislation History
DateMinutesDescription
5/31/2012 Filed by the Clerk's office
5/31/2012 Referred to Transportation & Infrastructure Committee
6/7/2012 Do Pass
6/7/2012 Assigned to Third Read Calendar
6/14/2012 Held on Docket (6/28/2012)
6/28/2012 Passed as Amended

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120509.pdf Recorded Info 5701K Recorded Info
120509 compared version.pdf Compared Version 369K Compared Version
120509amended.tiff Authenticated 244K AUTHENTICATED
120509 Factsheet East Patrol(amended).xls Fact Sheet 52K Factsheet [revised 6/27/12] as amended
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120509 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120509
120509 Fact Sheet.xls Fact Sheet 58K Fact Sheet

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ORDINANCE NO. 120509, AS AMENDED

 

Amending Ordinance No. 120509 by repealing Section 2 and enacting in lieu thereof, a new section of like number and subject matter, condemning private properties for public use.

WHEREAS, Ordinance No. 120509 authorized condemnation, and taking private property for public use in the area bounded by Brooklyn and Prospect Avenues, and 26th and 27th Streets, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Department of Public Works; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to record this ordinance in the office of the Recorder of Deeds for Jackson County, Missouri; and

WHEREAS, the Council finds that private property must be condemned for the construction and maintenance of a patrol station and crime lab known as East Police Campus, in Kansas City, Jackson County, Missouri; and

WHEREAS, certain properties have now been acquired by the city, and have been removed from ordinance; and

WHEREAS, certain properties have been acquired by the city and need deeds of trust cleared; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance No. 120509 is hereby amended by repealing Section 2 and enacting a new Section 2, revising certain tracts defined in Section 2, to read as follows:

Section 2. That the private properties to be condemned and taken for public use are legally described as follows:

 

Tract 5- 2611 Brooklyn - Fee Simple Interest

 

The east 125 feet of lot 19, block 3, The Summit, a subdivision in Kansas City, Jackson County, Missouri.

 

Tract 13-2631Brooklyn - Fee Simple Interest

 

All of the south 33 1/3 feet of Lot 9, Block 3, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri, subject to part in street, if any.

 

Tract 19, 20 & 21-2606, 2608, 2610 Park - Fee Simple Interest

 

Lots 2, 3, 4 and 5, Block 3, The Summit, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 27-2632 Park - Fee Simple Interest

 

The north 33 1/3 feet of Lot 2, Block 3, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 29-2636 Park - Fee Simple Interest

 

The south 33-1/3 feet of Lot 3, Block 3, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 30-2638 Park - Fee Simple Interest

 

Lot 4, Block 3, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri, subject to all covenants, restrictions, reservations and easements of record, if any.

 

Tract 45 & 46-2633 & 2635 Park - Fee Simple Interest

 

The south 33 1/3 feet of Lot 9, Block 2, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri.

and

The north 35 feet of Lot 8, Block 2, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri.

 

Tract 48-2639 Park - Deed of Trust interest only

 

The north 5 feet of Lot 6, and the south 25 feet of Lot 7, Block 2, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

The taking is described as follows: (A Deed of Trust to secure an original indebtedness of $17,000.00 recorded January 16, 1991 as Document No. K955425 in Book K2091, Page 12 of Official Records.

Dated: January 15, 1991

Trustor: Dorothy Ann James, a single person

Trustee: Russell W. Gunn Jr.

Beneficiary: Clarence E. Stine and Kimberly Hayden, both single) *According to the public records, the beneficial interest under the deed of trust was assigned to United Missouri Bank of Cass County by assignment dated January 21, 1991, recorded February 26, 1991 as Document No. K960446 in Book K2101, Page 434 of Official Records.

 

Tract 58-2624 Olive - Deed of Trust Interest only

 

Lot 1 and the north 10 feet of Lot 2, Block 2, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

The taking is described as follows: (A Deed of Trust to secure an original indebtedness of $7,700.00 recorded May 19, 1970 as Document No. K81767 in Book K181, Page 1231 of Official Records.

Dated: May 16, 1970.

Trustor: Lorraine Merriwether, Shirley Merriwether and Ruby Meriwether, all single women.

Trustee: Dale M. Thompson,

Beneficiary: City Bond and Mortgage Company, a Missouri Corporation.)

 

Tract 77-2600 Wabash – Fee Simple Interest

 

All of lots 88 and 89 and the east 1/2 of vacated alley lying west of and adjacent thereto in Belmont, a subdivision in the city of Kansas City, Jackson County, Missouri.

 

Tract 82-2616 Wabash - Fee Simple Interest

 

Lot 96 and the north 5 feet of lot 97, Belmont, and parts of Lots 1 and 2, The Summit, both being subdivisions in Kansas City, Jackson County, Missouri, according to the respective recorded plats thereof: and part of vacated street or road lying between said tracts, all more particularly described as follows: beginning at a point on the west line of Wabash Avenue in Kansas City, Jackson County, Missouri, 5 feet south of the north line of lot 97 in Belmont, running thence north along the west line of Wabash 30 feet; thence west and parallel with the north line of said lot 97, 135.25 feet; thence south and parallel with the west line of Wabash Avenue 30 feet; thence east 135.25 feet to beginning, together with an easement for driveway purposes appurtenant to aforesaid premises to continue for a period of 50 years from may 18, 1926, over the south 4 feet of the east 100 feet of the property adjacent thereto on the north, as described in the instruments recorded in book b-2684 at page 278 in the office of the recorder of deeds for Jackson County, Missouri at Kansas City.

 

Tract 89-2632 Wabash - Fee Simple Interest

 

Lot D, R.E. Edmonson’s Subdivision, a subdivision in Kansas City, Jackson County, Missouri, according to recorded plat thereof.

 

Tract 90-2634 Wabash - Fee Simple Interest

 

Lot E, R.E. Edmonson’s Subdivision in Kansas City, Jackson County, Missouri.

 

Tract 95-2607 Wabash - Fee Simple Interest

 

Lots 56 and 57, Belmont, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 99-2625 Wabash - Fee Simple Interest

 

The north 20 feet of Lot 49 and the south 10 feet of Lot 50, Belmont, a subdivision in Kansas City, Jackson County, Missouri.

 

Tract 100-2627 Wabash - Deed of Trust Interest only

 

All of Lot 48 and the south 5 feet of Lot 49, Belmont, an addition in Kansas City, Jackson County, Missouri.

 

The taking is described as follows: (A Deed of Trust to secure an original indebtedness of $15,549.00 recorded February 12, 1990 as Document No. K913283 in Book K1995, Page 1702 of Official Records.

Dated: December 8, 1989.

Trustor: Sherman Williams and Velma Williams fka Velma M. Williams..

Trustee: Ralph Black

Beneficiary: Kansas City SBH D/B/A Kansas City Better Homes),

and

(A Deed of Trust to secure an original indebtedness of $5,000.00 recorded June 30, 1989 as Document No. K883565 in Book K1926, Page 2380 of Official Records.

Dated: June 22, 1989.

Trustor: Sherman Williams and Velma Williams.

Trustee: Russell W. Gunn, Jr.

Beneficiary: John H. Gregg, Jr. and Marie E. Gregg, husband and wife).

 

Tract 107-2645 Wabash - Fee Simple Interest

 

Lots 38 and 39, except the east 45.2 feet of Lots 38 and 39, Belmont, and the south 54.8 feet of Lot a, Towt’s Addition, and that part of vacated Lockridge Road, lying between said two tracts, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 108-2508 E. 27th Street - Fee Simple Interest

 

The east 45.2 feet of Lots 38 and 39, Belmont, a subdivision in Kansas City, Jackson County, Missouri.

 

The following tracts are properties acquired from land trust. Condemnation is for liens and deed of trust interests.

 

Tract 52-2606 Olive – Deed of Trust Interest only

 

Lots 1 and 2, Block 2 of The Summit, a subdivision of land in Kansas City, Jackson County, Missouri

 

A Deed of Trust to secure an original indebtedness of $50,000.00 recorded May 30, 2006 as Document No. 2006E0033321 of Official Records. (Tract 2)

Dated: April 26, 2006

Trustor: ABU-2, Inc.

Trustee: Underwriters Surety, Inc.

Beneficiary: American Surety Company

 

Tract 26-2626 Park – Deed of Trust Interest only

 

Lot 1, Block 3, Towt’s Addition, a subdivision in Kansas City, Jackson County, Missouri.

 

A Deed of Trust to secure an original indebtedness of $30,400.00 recorded April 29, 1991 as Document No. K-968828 of Official Records.

Dated: April 24, 1991

Trustor: Charles Brooks Jr. and Jacquelyn A. Brooks, husband and wife

Trustee: Russell W. Gunn Jr.

Beneficiary: Ruby M. Robinson, a single person

 

Tract 28-2634 Park – Deed of Trust Interest only

 

All of the south 16 2/3 feet of Lot 2, and the north 16 2/3 feet of Lot 3 in Block 3, in Towt’s Addition, a subdivision in Jackson County, Missouri.

 

Agreement by and between Richard L. Hughes and Maxine Hughes, Grantor, Brighter Homes, Inc., and Mercantile Bank & Trust Co. of Kansas City, MO, Grantees, recorded May 21, 1974, as Document No. K228997 in Book K522, Page 564 of Official Records.

 

Assignment of Recorded Agreement recorded September 28, 1976, as Document No. K305818 in Book K703, Page 625 of Official Records.

 

Claim of Lien in the amount of $1,500.00 dated August 12, 2002, executed by Donall Nolan, recorded August 12, 2002 as Document No. 2002K0050108.

Section 3. 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 4. That pending the acquisition of said lands by condemnation, the Director of the Department of Public Works is hereby authorized to negotiate the purchase of said lands 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 5. That said tracts be condemned and conveyed to Kansas City, Missouri, in fee simple or as indicated.

Section 6. 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