ORDINANCE NO. 951276
Condemning and taking private property in fee simple for
public use as the site for the Marlborough Community Center and providing for
just compensation and authorizing negotiations by the Director of Parks and
Recreation.
WHEREAS, the Council finds and determines that by
Resolution No. 23078 adopted by the Board of Parks and Recreation Commissioners
on August 1, 1995, that it is necessary to condemn and acquire fee simple title
to the private property hereinafter described and generally located at 8210
Paseo for use as the Marlborough Community Center; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the following property is hereby
condemned and taken in fee simple for the public use for the future site of the
Marlborough Community Center:
Lot 3, Marlborough Highlands, a subdivision in
Kansas City, Jackson County, Missouri, according to the recorded plat
thereof.
Section 2. Just compensation for the property taken
or damaged 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 at Kansas City, pursuant to the provisions of
Chapter 523 of the Revised Statutes of Missouri, 1994, 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 in cash from funds appropriated for
such purposes.
Section 3. Pending the acquisition of these lands
by condemnation, the Director of Parks and Recreation is authorized to
negotiate for and to purchase them out of funds appropriated or to be
appropriated, and the City Attorney is authorized to withdraw any tracts that
are acquired from the condemnation proceedings.
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Approved as to form and
legality:
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City Attorney