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File #: 220809    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 9/15/2022 In control: Council
On agenda: 9/29/2022 Final action: 9/29/2022
Title: Approving and authorizing the City Manager to enter into a master agreement with the Missouri Highways and Transportation Commission, The Lamar Company, L.L.C., and TLC Properties, Inc. for the grant of permanent easements on City properties located in the vicinity of I-70 and Highway 40 for the public purpose of facilitating the construction of the Buck O'Neil Bridge replacement project; and authorizing City Manager to execute easement documents.
Sponsors: Melissa Robinson
Attachments: 1. 220809 No Fact Sheet, 2. PW TIO ordinance slides 09212022, 3. 220809 Fiscal Note, 4. Authenticated Ordinance 220809
ORDINANCE NO. 220809

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Approving and authorizing the City Manager to enter into a master agreement with the Missouri Highways and Transportation Commission, The Lamar Company, L.L.C., and TLC Properties, Inc. for the grant of permanent easements on City properties located in the vicinity of I-70 and Highway 40 for the public purpose of facilitating the construction of the Buck O'Neil Bridge replacement project; and authorizing City Manager to execute easement documents.

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WHEREAS, the City of Kansas City, Missouri ("City") and Missouri Highways and Transportation Commission ("MHTC") entered into a Cost Apportionment Agreement, as authorized by Committee Substitute for Ordinance No. 200222, effective May 1, 2020; and

WHEREAS, City and MHTC were each responsible for fifty-percent of the cost of right-of-way acquisition for the Buck O'Neil Bridge replacement project ("Project"), including any cost overruns or underruns; and

WHEREAS, MHTC filed a condemnation action on 2 August, 2021, State of Missouri ex rel. MHTC v TLC Properties, Inc., et al., Case No. 2116-CV16421, against TLC Properties Inc. and The Lamar Company, L.L.C., to acquire property interests necessary for the Project which included an easement and double-sided outdoor advertising sign with a tri-vision sign on one side; and

WHEREAS, the Condemnation Commissioners' Award for TLC Properties, Inc. and The Lamar Company, L.L.C. was $850,000, and MHTC, TLC Properties, Inc., and The Lamar Company, L.L.C. all filed exceptions to the Commissioners' Award and requested a jury trial to determine the value of the property interests;

WHEREAS, the City owns a parcel of property located at 6411 E US 40 Hwy ("Access Property") and an adjacent parcel to the south ("Sign Property") on which The Lamar Company, L.L.C. currently operates an outdoor advertising sign ("Sign");

WHEREAS, under the terms of the Master Agreement, TLC Properties, Inc. and The Lama...

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