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Legislation #: 030251 Introduction Date: 3/6/2003
Type: Ordinance Effective Date: 3/23/2003
Sponsor: None
Title: Condemning and taking private property in fee simple for public use as a park and/or recreation area and related purposes and uses; providing for payment of just compensation; and authorizing negotiations by the Director of City Development.

Legislation History
DateMinutesDescription
3/13/2003

Waive Charter Requirements City Council

3/6/2003

Prepare to Introduce

3/6/2003

Referred Planning, Zoning & Economic Development Committee

3/12/2003

Advance and Do Pass

3/13/2003

Passed


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ORDNANCE NO. 030251

 

Condemning and taking private property in fee simple for public use as a park and/or recreation area and related purposes and uses; providing for payment of just compensation; and authorizing negotiations by the Director of City Development.

 

WHEREAS, the Council finds and determines it necessary to condemn private property hereinafter described and generally located between Euclid Drive (not installed) and north of 63rd Street, Tracts C-1 and D-1, located in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That following tracts of land are hereby condemned and taken in fee simple for public use as a park and/or recreation area and related purposes and uses and said tracts are legally described as follows:

 

TRACT C-1: All that part of Tract C, Citadel Center, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the most southwesterly corner of said Tract C; thence North 32E34'40" East, 234.04 feet; thence North 58E07'31" East, 305.00 feet; thence South 28E17'45" East, 162.61 feet to the northerly right-of-way line of Euclid Drive; thence southwesterly along said line on a curve to the left having a radius of 175.00 feet and an initial tangent bearing being at right angles with the last described course, an arc distance of 37.13 feet; thence South 49E32'53" West continuing along said line 216.99 feet; thence southwesterly continuing along said line on a curve to the left having a radius of 330.00 feet and tangent to the last described course an arc distance of 87.01 feet; thence North 86E57'16" West, 208.65 feet too the point of beginning.

 

TRACT D-1: All that part of Tract D, Citadel Center, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southwest corner of said Tract D; thence northerly along the easterly right-of-way line of Euclid Drive, along a curve to the right with a radius 275.00 feet, an initial tangent bearing of North 3E02'44" East, an arc distance of 167.99 feet; thence continuing along said right-of-way North 38E02'44" East, tangent to the last described curve; 17.31 feet; thence continuing along said of right-of-way North 86E57'16" West, 5.67 feet; thence continuing along said right-of-way line, along a curve to the right with a radius of 280.00 feet, an initial bearing of North 40E55'23" East, an arc distance of 42.15 feet; thence South 40E27'07" East along a line radial to the last described curve 73.24 feet; thence South 86E57'16" East, parallel with the north right-of-way line of 63rd Street, 165.40 feet; thence South 2E18'08" West, 150.00 feet to said north right-of-way line; thence North 86E57'16" along said north right-of-way line 300.02 feet to the point of beginning.

 

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 the proceedings for taking or damage in the aforesaid property shall be instituted in the first instance and prosecuted in the Circuit Court of Jackson County, Missouri at Kansas City, either 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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

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Assistant City Attorney