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Legislation #: 110622 Introduction Date: 8/18/2011
Type: Ordinance Effective Date: 9/11/2011
Sponsor: None
Title: Condemning and taking private property interests for public use in the vicinity of 58th Street and Topping Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Projects Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
8/15/2011 Filed by the Clerk's office
8/18/2011 Referred to Transportation & Infrastructure Committee
8/25/2011 Do Pass
8/25/2011 Assigned to Third Read Calendar
9/1/2011 Passed

View Attachments
FileTypeSizeDescription
110622.pdf Recorded Info 96K RECORDED
recording ltr110622.doc Other 28K sent for recording
Other 0K sent for recording 9/12/11
110622.pdf Authenticated 1953K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110622 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110622
Factsheet 58th Topping.xls Fact Sheet 49K Fact sheet 5443

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ORDINANCE NO. 110622

 

Condemning and taking private property interests for public use in the vicinity of 58th Street and Topping Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Projects Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.

WHEREAS, the Council finds that private property interests must be condemned in lieu of a bridge repair project in Kansas City, Clay County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Property interests are hereby condemned and taken for public use in and upon the private lands hereinafter described, for Project Number 89005443, generally described as a bridge repair project.

Section 2. Said public use and improvements shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications for Project Number 89005443, the same being on file in the City Manager’s Office and being incorporated herein by reference.

Section 3. That the property interests herein described and condemned shall be used by Kansas City to demolish. The improvements, including any necessary appurtenances to them and Kansas City shall have the right to enter in or authorize the entry in and upon such property interests for the purpose of accomplishing that task.

Section 4. That said property interests are hereby authorized condemned and taken for public use and are described as follows:


TRACT 1 – Fee Taking

 

Lot 1, Joseph Gsponer's Addition, a subdivision in Kansas City, Jackson County Missouri, according to the recorded plat thereof.

 

TRACT 2 – Fee Taking

 

A tract or parcel of land lying adjacent to the easterly line of Lot 1, Joseph Gsponer's Addition, a subdivision in Kansas City, Jackson County, Missouri, described as follows: beginning at the southeast corner of said Lot 1; thence North 12 Degrees 51 Minutes West along said easterly line, 165 feet; thence North 77 Degrees 09 Minutes East 20 feet; thence South 12 Degrees 51 Minutes East, 173.15 feet to a point on the easterly prolongation of the southerly line of said Lot 1; thence North 80 Degrees 40 Minutes West, 21.5 feet to the point of beginning, all lying in the southwest quarter of Section 36, Township 49, Range 33, Kansas City, Jackson County, Missouri.

 

The above Tract 2 is also described as:

 

All that part of Section 36, Township 49, Range 33, In Kansas City, Jackson County, Missouri, also being part of Kansas City Southern railroad lying adjacent to the easterly line of said Lot 1, described as follows: beginning at the southeast corner of said Lot 1; thence North 12 Degrees 51 Minutes West along said easterly line, 165 feet; thence North 77 Degrees 09 Minutes East, 20 feet; thence South 12 Degrees 51 Minutes East, 173.15 feet to a point on the easterly prolongation of the southerly line of said Lot 1; thence North 80 Degrees 40 Minutes West 21.5 feet to the point of beginning.

Section 5. That just compensation for the property interests 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, or to be appropriated, for such purposes.

Section 6. That pending the acquisition of said lands by condemnation, the City Manager 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 Attorney is authorized to withdraw same from condemnation proceedings.

Section 7. That said tracts and interests be condemned and conveyed to Kansas City, Missouri.

Section 8. 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 to as form and legality:

 

 

___________________________

Theodore T. Anderson

Assistant City Attorney