ORDINANCE NO. 050366
Condemning and taking an
additional private property in fee simple for public use for the construction
of a downtown arena; providing for the payment of just compensation therefore;
authorizing negotiations for purchase by the Acting Director of City
Development or his authorized designee; and authorizing the City Attorney, or
his designee, to file condemnation proceedings.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
WHEREAS, on August 3, 2004, the voters of the City of Kansas City, Missouri, authorized increases in the business license fees paid both by
hotels, motels and tourist courts and by rental car agencies, to provide funds
for the construction of a downtown arena; and
WHEREAS, the Council
finds and determines it necessary to condemn and acquire fee simple title to
the private property hereinafter described and generally located East of McGee
Street and North of 15th Street (a/k/a Truman Road) for public use
for the purpose of constructing the Citys downtown arena; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the
construction of a downtown arena and other associated public improvements and
amenities on the property described hereinafter is hereby provided for and
authorized and recognized to be a public improvement and public use.
Section 2. That the Council
finds and determines that it is a necessity to condemn and acquire fee simple
title to the private property hereinafter described and generally located East
of McGee Street and North of 15th Street (a/k/a Truman Road),
legally described as:
Jacobs Tract
Beginning at the
southeast corner of Lot 148, Block 11, McGees Addition, a subdivision in
Kansas City, Jackson County, Missouri, according to the recorded plat thereof;
thence S 485415 E a distance of
19.14 feet to the intersection of the west line of Lot I, Block 66, said
McGees Addition with the south line of the north 12.00 feet of said Lot I;
thence N 874409 W along the westerly
prolongation of said south line a distance of 109.04 feet; thence S 472627 W, a distance of 53.45 feet to a
point on the easterly prolongation of the south line of Lot 158, Block 12, said
McGees Addition; thence N 873333 W
along said prolongation, a distance of 33.00 feet to the centerline of McGee
Street; thence N 021841 E along said
centerline a distance of 49.58 feet to the intersection of said centerline with
the westerly prolongation of the south line of Lot 148, said Block 11; thence S
874409 E along said prolongation and
south line of said Lot 148, a distance of 165.00 feet to the point of beginning,
said tract containing 4,025 square feet or 0.09 acres more or less.
Section 3. 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 Jackson County,
Missouri, pursuant to the provisions of Chapter 523 of the Revised Statutes of
Missouri, 1994, as supplemented or amended by Sections 86.01 to 86.10 of the
Rules of Civil Procedure. Payment of compensation shall be made by Kansas City in cash or other appropriate means from funds appropriated for such purposes.
Section 4. Pending
the acquisition of these lands by condemnation, the Acting Director of City
Development, or his authorized Delegate, is authorized to negotiate for, and
purchase, as much of this property out of funds appropriated or to be
appropriated for that purpose. The City Attorney, or his designee, is hereby
authorized to file the petition(s) for condemnation for all of the above-described
properties on behalf of the City. The City Attorney is also authorized to
withdraw said properties as are acquired by negotiation and purchase from the
condemnation proceedings.
________________________________________________________
Approved
as to form and legality:
___________________________________
Theodore
T. Anderson
Assistant City Attorney