ORDINANCE NO. 200178
Authorizing condemnation and taking of private property
interests in fee simple for public use for the construction, location and
maintenance of the “Downtown Streetcar Main Extension”, Project No. 89022014,
in Kansas City, Jackson County, Missouri; providing for the payment of just
compensation therefore; authorizing continued negotiations and purchase by the
Director of the Department of Public Works; 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, Missouri.
WHEREAS, the
Council finds that the fee simple property interests herein described must be
condemned for public use for the “Downtown Streetcar Main Extension” project in
Kansas City, Jackson County, Missouri; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the fee simple property interests herein described are hereby authorized condemned
and taken for public use in and upon the land hereinafter described for the
construction, location and maintenance of Project No. 89022014, “Downtown
Streetcar Main Extension”, including any necessary structures or appurtenances,
all 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 Department of Public Works, the same being
on file in the Office of the Director of the Department of Public Works, and
being incorporated herein by reference.
Section 3. That
said Fee Simple property interests are hereby authorized condemned and taken
for public use and are described as follows:
Situs Address: 17 West 38th
Street (Parcel ID No. 30-220-26-03-00-0-00-000)
All of the West 15 feet of the North 83.42 feet of Lot
1 and all of the East 30 feet of the North 83.42 feet of Lot 2, Block 50, PLAT
OF BLOCKS 47, 48, 49 and 50, HYDE PARK, a subdivision in Kansas City, Jackson
County, Missouri, according to the recorded plat thereof.
Situs Address: 21 West 38th Street
(Parcel ID No. 30-220-26-04-00-0-00-000)
The East 45 feet of the West 90 feet of the North
83.42 feet of Lot 2, Block 50, PLAT OF BLOCKS 47, 48, 49 and 50, HYDE PARK, a
subdivision in Kansas City, Jackson County, Missouri, according to the recorded
plat thereof.
Situs Address: 25 West 38th Street
(Parcel ID No. 30-220-26-05-00-0-00-000)
The West 45 feet of the North 83.42 feet of Lot 2,
Block 50, PLAT OF BLOCKS 47, 48, 49 and 50, HYDE PARK, a subdivision in Kansas
City, Jackson County, Missouri, according to the recorded plat thereof,
Section 4. That just compensation for the fee simple
property interests 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, or to be appropriated,
for such purposes.
Section 5. That
pending the acquisition of said lands by condemnation, the Director of the
Department of Public Works 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 6. That said tracts and interests be condemned
and conveyed to the City of Kansas City, Missouri.
Section 7. That upon the effective date of this
ordinance, the City Clerk is hereby directed to cause this ordinance to be
recorded in the office of the Recorder of Deeds for Jackson County, Missouri.
__________________________________________
Approved as to form and legality:
______________________________
Matthew Cooper
Assistant City Attorney