ORDINANCE NO. 940560

Condemning and taking private property in fee simple for public use for the Hospital Hill Health Department facility project providing for the payment of just compensation and authorizing negotiations by the Director of City Development.

WHEREAS, the Council finds and determines it necessary to condemn fee simple title to private property hereinafter described and generally located between 24th and 25th Street, Harrison and Troost Avenue, located in Kansas City, Jackson County, Missouri for the Hospital Hill Health Department facility project; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the following described tracts of land are hereby condemned and taken in fee simple for public use for the Hospital Hill Health Department facility project. The tracts are legally described as follows:

Tracts 79 and 82: The south 25 feet of Lot 14 and all of Lots 15, 16, and 19, Block 4, BEACON HILL, in the subdivision of Block 4 of BEACON HILL and the West Half of Block 4 of PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 83: Lot 20, in the subdivision of Block 4, BEACON HILL, and of the West Half of Block 4, of PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 84: All of Lots 21, 22 and 23, Block 4, BEACON HILL, in the subdivision of Block 4 of BEACON HILL and of the West Half of Block 4, PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 89-1: All of the north 22 feet of Lot 29, and the south 48 feet of Lot 30, Block 4, subdivision of Block 4 of BEACON HILL and of the West Half of Block 4 of PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof; and

All of the north 42 feet of Lot 28, and the south 28 feet of Lot 29, Block 4 of BEACON HILL and of the West Half of Block 4 of PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 106: All of Lot 15, W.H. COLLINS' INVESTMENT COMPANY'S FIRST ADDITION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 107: Lot 16, W.H. COLLINS' INVESTMENT COMPANY'S FIRST ADDITION, a subdivision in Kansas City, Jackson County, Missouri; and the north 25 feet of Lot 14, Block 4, BEACON HILL, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 191: The north 35 feet of Lot 11 and the south 2.50 feet of Lot 12, Block 5 of Plat of East Half of Block 4, Blocks 5 and 6, PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 192: The north 37.5 feet of the south 40.22 feet of Lot 12, Block 5, of Plat of East Half of Block 4, and Blocks 5 and 6, PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Tract 193: The east 120 feet of the north 9.78 feet of Lot 12 and the east 120 feet of the south 23.56 feet of Lot 13, Block 5, of Plat of East Half of Block 4 and Blocks 5 and 6, PORTER PLACE, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

Section 2. Just compensation for the tracts of land taken or damaged herein shall be assessed and paid according to law. Payment for such compensation or damages shall be made by Kansas City in cash from funds appropriated for said purposes; and one or more proceedings for the taking of the aforesaid properties shall be instituted and prosecuted in the Circuit Court of Jackson County, Missouri at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1959, as supplemented or amended by Sections 86.01 to 86.10 of the Rules of Civil Procedures.

Section 3. Pending the acquisition of said lands by condemnation, the Director of City Development is hereby authorized to purchase said land out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by purchase, the City Counselor is authorized to withdraw same from condemnation proceedings.

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Approved as to form and legality:

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Assistant City Attorney