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Legislation #: 981474 Introduction Date: 12/21/1998
Type: Ordinance Effective Date: 1/8/1999
Sponsor: None
Title: Condemning and taking permanent channel and recreational right-of-way, natural areas, and temporary easements for demolition on private property, all for the construction, operation, and maintenance of an improved Blue River Channel from Interstate 70, upstream to 38th Street; and providing for payment of just compensation therefore, all in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
12/21/1998

Prepare to Introduce

12/21/1998

Referred Planning, Zoning & Economic Development Committee

12/29/1998

Advance and Do Pass as a Committee Substitute

12/29/1998

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 981474

 

Condemning and taking permanent channel and recreational right-of-way, natural areas, and temporary easements for demolition on private property, all for the construction, operation, and maintenance of an improved Blue River Channel from Interstate 70, upstream to 38th Street; and providing for payment of just compensation therefore, all in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that for the public good, permanent channel and recreational right-of-way, natural areas, and temporary easements for demolition, must be condemned for the purposed of locating, constructing, operating, and maintaining channel improvements along the Blue River from Interstate 70, upstream to 38th Street, in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council further finds that it did, by Resolution 44436, passed September 13, 1974, reaffirm Kansas Citys intent to remain the local sponsor of the Blue River Improvement Project and agreed to acquire right-of-way necessary for said project, all herein described must be acquired in connection with said resolution and intent; NOW THEREFORE.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permanent channel and recreational right-of-way, natural areas, and temporary easements for demolition, are hereby condemned and taken for public use for the location, construction, reconstruction, operation, maintenance and repair of channel improvements for the Blue River and for the installation of recreation facilities in and upon the lands hereinafter described.

The permanent channel and recreational rights-of-way shall be used by Kansas City as a perpetual and assignable right and easement to construct, operate, and maintain a river channel and flowage way and channel improvements and recreational facilities along the Big Blue River including the rights to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements and/or other obstructions therefrom, to excavate, dredge, cut away, and remove any or all of said land and to place thereon dredge or spoil material, to construct trails for walking, running, bicycling and other recreational purposes; and for such other purposes as may be required in connection with said work of improvement; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without obstructing the planned flow or interfering with or abridging the rights and easement hereby acquired.

 

The natural areas shall be taken in fee simple and used by Kansas City; as wildlife habitat loss mitigation areas, to maintain an area suitable for fish and wildlife habitat, propagation, food chain support, water quality protection, erosion prevention, aquifer recharge, flood storage, and recreation; and Kansas City shall have at all times the right to deposit fill material in, on, over, along and across said land, clear, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of said natural areas, or to plant or to cause or to allow to germinate any tree, underbrush, or any other vegetation, to allow to remain, attract, import, or to cause to import any fish or animal life for the purpose of creating such a natural area.

 


The temporary easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during construction for the temporary storage of materials, the operation of equipment, the movement of a working force, the demolition of structures, and the depositing of fill and waste materials at certain locations where required. Upon completion of construction of the channel improvement, all said temporary easements and rights therein shall cease and no longer be in effect.

 

The permanent channel and recreational right-of-way, natural areas and temporary easements for demolition hereby condemned and taken are described as follows:

 

TRACT NO. 64 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 9 and 17, Block 23, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 66 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 13 and 14, Block 23, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 67 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 18 and 19, Block 23, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 68 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 20 through 25, inclusive, Block 23, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 70 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 3 and 4, Block 25, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 72 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 13 and 14, Block 25, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 104 PERMANENT CHANNEL RIGHT-OF-WAY

 

A PERMANENT CHANNEL RIGHT-OF-WAY OVER, UNDER, UPON, AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

All that part of Lot 37 lying easterly of the easterly right-of-way line of Leeds Trafficway, all in Erskine Addition, a subdivision of land in Kansas City, Jackson County, Missouri.

 

Also all rights and interests in and to that part of the Big Blue River lying between the thread of the river and the above described property.

 

Also all rights and interests lying in Leeds Trafficway intersecting and adjoining Lot 37.

 

TRACT NO. 256 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 3, 4 and 5, Block 23, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 257 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 1 and 2, Block 23, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 258 TEMPORARY CONSTRUCTION EASEMENT

 

A TEMPORARY CONSTRUCTION EASEMENT OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

Lots 19, Block 22, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 260 NATURAL AREA

 

A NATURAL AREA OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:

 

Lots 15, 16, 17 AND 18, Block 24, East Center, a subdivision in Kansas City, Jackson County, Missouri.

 

Section 2. That just compensation for the lands and tracts of property taken or damaged herein shall be assessed and paid according to law. Payment of compensation for damages shall be made by Kansas City in cash from funds appropriated or to be appropriated for the said purpose; and the proceedings for taking or damaging the aforesaid property shall be instituted in one or more actions and shall be prosecuted 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 of the Missouri Rules of Civil Procedure.

 

Section 3. Pending acquisition of such rights-of-way and easements by condemnation, the Director of City Development is hereby authorized to purchase said easements and to pay for them out of funds available or to be made available. If any tracts be so acquired by purchase, the City Attorney is authorized to withdraw such tracts from condemnation proceedings.

 

This ordinance is recommended for passage by the Director of Public Works.

 

_______________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney