ORDINANCE NO. 000257

Designating and selecting certain lands in Kansas City, Platte County, Missouri, to be acquired for park purposes as an expansion of Tiffany Springs Park in the North Park District; condemning and taking private property in fee simple for public use for park purposes; and providing for the payment of just compensation therefor.

WHEREAS, the Council finds that the Board of Parks and Recreation Commissioners by its Resolution No. 24890, adopted November 16, 1999, has selected and designated certain lands in Kansas City, Platte County, Missouri, to be used by the City for park purposes within the North Park District, and to be known and established as an expansion of Tiffany Springs Park; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the following described lands are hereby condemned and taken in fee simple for public use for park purposes as a part of an expansion of Tiffany Springs Park, in Kansas City, Platte County, Missouri, all in the North Park District:

The Allen Tract:

All of the Southeast 1/4 of Section 4, Township 51, Range 34, except the south 165 feet, in Kansas City, Platte County, Missouri.

Section 2. That all private lands and interests in lands within the boundaries described in Section 1 above are hereby condemned and taken, subject to easements of record, in fee simple for public use for park purposes as an expansion of Tiffany Springs Park as herein established, and just compensation shall be assessed and paid according to law to the owners or claimants thereof, or any other persons or parties who may have a compensable interest therein. Payment of compensation shall be made by Kansas City in cash from funds appropriated or to be appropriated for said purpose; and the proceedings for taking said lands by the exercise of the power of eminent domain shall be instituted in one or more actions and shall be prosecuted in the Circuit Court of Platte 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. That the Director of City Development is hereby authorized to negotiate for the purchase of said lands and to pay compensation out of funds now available or to be made available for the purposes, prior to or pending condemnation proceedings. If said lands are so acquired by purchase, the City Attorney is authorized to withdraw the same from condemnation proceedings, if condemnation proceedings are pending.

Recommended for passage by the Board of Parks and Recreation Commissioners pursuant to its Resolution No. 24890, adopted November 16, 1999.

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Approved as to form and legality:

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Assistant City Attorney