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Legislation #: 121063 Introduction Date: 12/20/2012
Type: Ordinance Effective Date: 1/20/2013
Sponsor: None
Title: Authorizing condemnation, taking private property in fee simple for Project No. 89002672, the Swope Park Industrial Area Flood Damage Reduction Project located within an area bounded by 75th Street Terrace on the north, 77th Street on the south, the Union Pacific Railroad on the west, and Blue River Road on the east, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Water Services Department; 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.

Legislation History
DateMinutesDescription
12/17/2012 Filed by the Clerk's office
12/20/2012 Referred to Transportation & Infrastructure Committee
1/10/2013 Advance and Do Pass, Debate
1/10/2013 Passed

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121063

 

Authorizing condemnation, taking private property in fee simple for Project No. 89002672, the Swope Park Industrial Area Flood Damage Reduction Project located within an area bounded by 75th Street Terrace on the north, 77th Street on the south, the Union Pacific Railroad on the west, and Blue River Road on the east, all in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Water Services Department; 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.

 

WHEREAS, the Council finds that the fee interest in certain property must be condemned, in Kansas City, Jackson County, Missouri for the construction and maintenance of the aforementioned flood control project; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the private property is hereby authorized condemned and taken for public use in and upon the land hereafter described for the Swope Park Industrial Area Flood Damage Reduction Project No. 89002672 and Kansas City shall have the right to enter in or authorize the entry in and upon said right of way for the purpose of constructing, reconstructing, maintaining, operating and repairing any improvements.

 

Section 2. Said improvements shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications certified under the supervision of the Director of the Water Department, the same being on file in the Office of the Director of Water Services and being incorporated herein by reference.

 

Section 3. That the property that is hereby authorized condemned and taken for said project is described as follows:

 

A description of a strip of land 20 foot wide lying adjacent to the South line of Blocks 1, 2, and 5 and bounded on the South by Blocks 3, 4 and 12 of Swope Park Industrial District, a plat recorded in Document No. K315808 in Book 31, Page 31, on August 3, 1959, all in the Northwest Quarter of Section 14, Township 48 North, Range 33 West of the Fifth Principal Meridian, City of Kansas City, Jackson County, Missouri. Said parcel being more particularly described as follows:

 

Commencing at the Northwest corner of the Northwest Quarter of said Section 14; then South 02 degrees 13 minutes 00 seconds West, a distance of 900.04 feet along the West line of the Northwest Quarter to a point on the South line of a Block 1 and the north line of a Permanent Easement and Right-of-Way granted to Missouri Pacific Railroad in Document B433917, Book 5562, Page 273, on December 20, 1962, said point is also the point of beginning; then South 87 degrees 16 minutes 53 seconds East, along and with the South line of Blocks 1, 2 and 5, a distance of 1327.56 feet; then South 02 degrees 43 minutes 07 seconds West, a distance of 20.00 feet to a point on the North line of Block 12; then North 87 degrees 16 minutes 53 seconds West, along and with the North line of Blocks 3, 4 and 12, a distance of 1327.38 to a point on the West line of the Northwest Quarter; then continuing North 87 degrees 16 seconds 53 seconds West, along and with the North line of Block 3, a distance of 1.40 feet; then on a curve to the left with an initial tangent bearing of North 86 degrees 51 minutes 02 seconds West, a radius of 408.84, and an arc distance of 424.70 feet to a point on the West line of Block 3; then North 17 degrees 25 minutes 53 seconds East, a distance of 58.47 feet to the Southwest corner of Block 1; then on a curve to the right with an initial tangent bearing of North 41 degrees 09 minutes 13 seconds East, radius of 428.84 feet, and an arc distance of 389.17; then South 87 degrees 16 minutes 53 seconds East, along and with the South line of Block 1, a distance of 1.07 feet to the point of beginning; subject to easements, restrictions, reservations, and covenants now of record, if any. Containing 38,483.4 sq. ft. or 0.8835 acres, more or less.

 

Section 4. 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 Water Services Department 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 the tract be so acquired by negotiation and purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

 

Section 5. That said tract be condemned and conveyed to Kansas City, Missouri, in fee simple.

 

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