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Legislation #: 160360 Introduction Date: 5/5/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the condemnation and taking of private property in fee simple for public use for Street Improvement Project No. 89008009 22nd - 23rd Street Connecter, in the vicinity of 22nd and 23rd Street, from Brooklyn Avenue to Chestnut Avenue, 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
5/5/2016 Filed by the Clerk's office
5/5/2016 Referred to Transportation & Infrastructure Committee
5/12/2016 Advance and Do Pass, Debate
5/12/2016 Passed

View Attachments
FileTypeSizeDescription
160360 Rcrd Info.pdf Recorded Info 181K Recorded Info
160360.pdf Authenticated 104K Authenticated
160360 Air-photo 2220 Wabash Ave.pdf Maps 1099K 160230 Map Air Photo 2220 Wabash Ave
160360 Map 2220 Wabash Ave..pdf Maps 788K 160360 Map 2220 Wabash Ave
160306 Fact Sheet - 89008009 22nd - 23rd St Ordnc No R-2016-00388 Tr - 17.pdf Fact Sheet 60K 160360 Fact Sheet

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ORDINANCE NO. 160360

 

Authorizing the condemnation and taking of private property in fee simple for public use for Street Improvement Project No. 89008009 22nd - 23rd Street Connecter, in the vicinity of 22nd and 23rd Street, from Brooklyn Avenue to Chestnut Avenue, 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 22nd - 23rd Street Connecter 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 and upon the land hereinafter described for Project No. 89008009 22nd - 23rd Street Connecter, 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 the Public Works Department, the same being on file in the Office of the Director of the Public Works Department, 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 the private properties are hereby authorized condemned and taken for public use and hereby described as follows:

 

Tract 17 – 2220 Wabash: Lot 10, Block 6, Prospect Summit, 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 negotiate 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 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:

 

 

___________________________________

Dustin Johnson

Assistant City Attorney