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Legislation #: 070174 Introduction Date: 2/8/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Condemning and taking private property in fee simple for public use for the construction and maintenance of N. Reinking Road at NE 96th Street, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

Legislation History
DateMinutesDescription
2/8/2007 Filed by the Clerk's office
2/8/2007 Referred to Operations Committee
2/14/2007 Do Pass as a Committee Substitute
2/15/2007 Assigned Third Read Calendar as Substituted
2/22/2007 Passed

View Attachments
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070174.pdf Authenticated 100K Authenticated
Factsheet 5460(condemn).xls Fact Sheet 30K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070174

 

Condemning and taking private property in fee simple for public use for the construction and maintenance of N. Reinking Road at NE 96th Street, all in Kansas City, Clay County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the City of Kansas City; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Clay County, Missouri.

 

WHEREAS, the Council finds that property must be condemned for the purpose of locating, constructing and maintaining N. Reinking Road, along with adjacent drainage improvements in Kansas City, Clay County, Missouri; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Condemnation property: That property is hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of street, storm drainage, and appurtenances in and upon the private lands hereinafter described, in Kansas City, Clay 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 by the City Engineer under the supervision of the Capital Improvement Management Office and identified as Project Number 5460, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. The property shall be used by Kansas City as the permanent location of the street, and drainage 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 such right of way, for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

The private property is hereby condemned and taken for public use and hereby described as follows:


Tract 2

All that part of the Southwest quarter of the Southeast quarter of Section 33, Township 52 North, Range 32 West, Kansas City, Clay County, Missouri, lying on the North side of the creek.

Section 4. That just compensation for the property taken or damaged 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 Clay County, Missouri at Kansas City, pursuant to the provisions of Chapter 523 of the Revised Statutes of Missouri, 1994, 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 5. That 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 Attorney is authorized to withdraw same from condemnation proceedings.

Section 6. That Tract 2 be condemned and conveyed to 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 Kansas City, Clay County, Missouri.

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Approved as to form and legality:

  

 

 

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Theodore T. Anderson

Assistant City Attorney