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Legislation #: 090676 Introduction Date: 8/6/2009
Type: Ordinance Effective Date: 8/23/2009
Sponsor: None
Title: Condemning and taking temporary easements on private properties for the construction and maintenance of street improvements along 60th Street Terrace, east of Jackson Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management Office; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

Legislation History
DateMinutesDescription
8/4/2009 Filed by the Clerk's office
8/6/2009 Referred to Planning and Zoning Committee
8/12/2009 Advance and Do Pass, Consent
8/13/2009 Passed

View Attachments
FileTypeSizeDescription
090676.pdf Exhibit 174K recorded
090676.pdf Authenticated 139K AUTHENTICATED
Factsheet 00064(condemn).xls Fact Sheet 35K fact sheet 60th St. Ter

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ORDINANCE NO. 090676

 

Condemning and taking temporary easements on private properties for the construction and maintenance of street improvements along 60th Street Terrace, east of Jackson Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management Office; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.

 

WHEREAS, the Council finds that temporary construction easements must be condemned for the purpose of locating, constructing and maintaining street improvements, in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That temporary construction easements are hereby condemned and taken for public use for the construction and maintenance of street improvements in and upon the private lands hereinafter described, in Kansas City, Jackson County, Missouri.

Section 2. That said improvements, once constructed and accepted by the City, shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications certified by Public Works, and the same being on file in the office of the Director of Public Works and incorporated herein by reference.

The temporary construction easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during the construction for grading and sloping, removal and replacement of fencing, trees and shrubbery, sidewalks and driveways, utility construction work, the storage of materials, the operation of equipment, and the movement of a working force..

Kansas City shall cause the surface of lands lying within said temporary easements to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon it, and said temporary easements shall terminate in two years or upon completion and acceptance of the improvements by the Director of Public Works, whichever occurs first.

The temporary construction easements are hereby condemned and described as follows:

Temporary Construction Easement

Tract 1

 

All of the North 10.00 feet of the East 50.00 feet of Lot 9, FLACY'S SWOPE PARK SUBDIVISION LOTS 9 TO 32, a subdivision of land in the Northwest Quarter of Section 2, Township 48 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri. Containing 500 square feet, more or less.

 

Tract 2

 

All of the North 10.00 feet of the West 50.00 feet of Lot 10, FLACY'S SWOPE PARK SUBDIVISION LOTS 9 TO 32, a subdivision of land in the Northwest Quarter of Section 2, Township 48 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri. Containing 500 square feet, more or less.

 

Tract 13

 

All of the North 15.00 feet of the West 30.00 feet, and all of the North 30.00 feet of the East 20.00 feet of the West 50.00 feet, of Lot 16, FLACY'S SWOPE PARK SUBDIVISION LOTS 9 TO 32, a subdivision of land in the Northwest Quarter of Section 2, Township 48 North, Range 33 West, in the City of Kansas City, Jackson County, Missouri. Containing 1,050 square feet, more or less.

  Section 3. That just compensation for the easements and lands to be condemned and taken herein shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City from funds appropriated or to be appropriated for said purpose, and proceedings therefore shall be instituted and prosecuted in the Circuit Court of Jackson County, Missouri pursuant to the provision of Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by Section 86.01 to 86.10 of the Missouri Rules of Civil Procedure. Such costs shall be reimbursed by the Developer.

Section 4. That pending acquisition of the above described easements by condemnation, the Director of General Services is hereby authorized to negotiate for and to purchase said easements. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from the condemnation proceedings.

Section 5. That upon the effective date of this ordinance, the City Clerk is hereby directed to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.

______________________________________________________

  Approved as to form and legality:

 

 

_________________________________

Theodore T. Anderson

Assistant City Attorney