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Legislation #: 141034 Introduction Date: 12/18/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the condemnation and taking of private property in fee simple for public use for Overflow Control Program Project No. 81000647, Middle Blue River Green Infrastructure/Distributed Storage for areas tributary for Outfall 059, in the vicinity of Troost and Tracy Avenues between 81st Street and 82nd Terrace, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Public Works Department; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to record this ordinance in the office of the Recorder of Deeds for Jackson County.

Legislation History
DateMinutesDescription
12/10/2014 Filed by the Clerk's office
12/18/2014 Referred to Transportation & Infrastructure Committee
1/8/2015 Advance and Do Pass as a Committee Substitute, Debate
1/8/2015 Passed as Substituted

View Attachments
FileTypeSizeDescription
141034 Rcrd Info.pdf Recorded Info 309K Recorded Info
141034.pdf Authenticated 176K Authenticated
141034 compared version.pdf Compared Version 82K 141034 Compared Version
141034 Fact Sheet.pdf Fact Sheet 109K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 141034

 

Authorizing the condemnation and taking of private property in fee simple for public use for Overflow Control Program Project No. 81000647, Middle Blue River Green Infrastructure/Distributed Storage for areas tributary for Outfall 059, in the vicinity of Troost and Tracy Avenues between 81st Street and 82nd Terrace, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Public Works Department; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to record this ordinance in the office of the Recorder of Deeds for Jackson County.

 

WHEREAS, the Council finds that the fee interest in private properties must be condemned for public use for the Middle Blue River Green Infrastructure/Distributed Storage for areas tributary for Outfall 059 Project in Kansas City, Jackson County, Missouri; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the fee interest in private properties are hereby authorized condemned and taken for public use in, over, under and upon the land hereinafter described for Project No. 81000647, Middle Blue River Green Infrastructure/Distributed Storage for areas Tributary for Outfall 059, including any necessary structures or appurtenances, in Kansas City, Jackson County, Missouri.

 

Section 2. Said improvements shall be of the nature described and specified in, and shall be done in accordance with, the plans and specifications certified under the supervision of the Director of Water Services, the same being on file in the Office of the Director of Water Services, and being incorporated herein by reference.

 

Section 3. That the properties shall be used by Kansas City as the location of improvements to be constructed therein including any necessary appurtenances to it; and Kansas City shall have the right to enter in or authorize the entry in and upon said properties for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements.

 

Section 4. That certain private properties are hereby authorized condemned and taken in fee simple for public use, hereby described as follows:

 

Lots 1 thru 9 inclusive, Block D, BOTT’S THIRD ADDITION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

and

 

Lots 1 thru 12 inclusive, Block A; Lots 1 thru 10 inclusive, Block B; Lots 1, 2, 3, and 6 thru 12 inclusive Block C; and lots 1 thru 13 inclusive, Block E, all in BOTT’S THIRD ADDITION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Section 5. That just compensation for the properties 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 for such purposes.

 

Section 6. That pending the acquisition of said lands by condemnation, the Director of the Public Works Department is hereby authorized to continue negotiating the purchase of said land and pay for them out of funds appropriated or to be appropriated as aforesaid, and if any tracts be so acquired by negotiation and purchase, the City Attorney is authorized to withdraw same from condemnation proceedings.

 

Section 7. That said properties be condemned and conveyed to the City of Kansas City, Missouri, in fee simple.

 

Section 8. That upon the effective date of this ordinance, the City Clerk is hereby directed to record this ordinance in the office of the Recorder of Deeds for Jackson County, Missouri.

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Austin Steelman

Assistant City Attorney