ORDINANCE NO. 050061
Approving real property tax
abatement for improvements on property located generally at 210 Highway and
N.E. 40th Street within the Enterprise Zone; authorizing a cooperative
agreement with FedEx Ground Package System, Inc, and the North Kansas City School
District in regard to the project; and directing the City Clerk to provide a
copy of this ordinance to the State Director of Economic Development
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
WHEREAS,
Section 135.215, RSMo, authorizes tax abatement within an Enterprise Zone for
certain specified industrial-related uses and for other uses if approved by the
governing body and if at least 50 new employees that provide an average of at
least 35 hours a week per week are created and maintained; and
WHEREAS,
FedEx Ground Package System, Inc., has requested tax abatement for certain
improvements to real property at 210 Highway and N.E. 40th Street
for use as a distribution center (the Project); and
WHEREAS, the
application of FedEx Ground Package System, Inc., complies with the
requirements of Section 135.215, RSMo, and Committee Substitute for Ordinance
No. 920336 and Committee Substitute for Ordinance No. 971342 (the City
Enterprise Zone Ordinance); and
WHEREAS,
pursuant to the provisions of Section 135.215(2), RSMo, all public notices have
been given and public hearing held on the issue of tax abatement; NOW, THEREFORE,
BE IT
ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1.
Pursuant to Section 135.215, RSMo, the Council hereby approves the application
for tax abatement by FedEx Ground Package System, Inc., for property located in
the Enterprise Zone at 210 Highway and N.E. 40th Street, legally
described as:
All that part of the following described PHASE 1 and PHASE 2 lying
Northerly and Westerly of Missouri State Route No. 210; Southerly of N.E. 40th
Street and Easterly of the Easterly line of NORTHLAND PARK, PHASE I, a
subdivision in Kansas City, Clay County, Missouri, recorded October 7, 1980, as Document No. E-1 5326 in Plat Book 18, Pages 80 through 100, inclusive
and in Plat Book 19 at Pages 1 through 4, inclusive, described as follows:
PHASE 1:
A portion of the Southwest Quarter of the Southeast Quarter of Section 6
and a portion of the North Half of Section 7, all in Township 50 North, Range
31 West, in Kansas City, Clay County, Missouri, which lies North of Missouri
State Highway Route No. 210, as now established, being more particularly
described as follows:
Beginning at the Northeast corner of Lot 7, NORTHLAND PARK, PHASE I, a subdivision in said City, County and State, recorded October 7, 1980, as
Document No. E-15326 in Plat Book 18, Pages 80 through 100, inclusive, and in
Plat Book 19, Pages 1 through 4, inclusive, being also a point on the South
line of an existing road easement as established by Document No. B-95836,
recorded in Book 881 at Page 373 in the Office of the Recorder of Deeds in said
County and State, said point being 40 feet South of the centerline of NE. 40th
Street, as now established across said road easement; thence North 00 degrees
33 minutes 11 seconds East, perpendicular to the North line of said Section 7,
a distance of 13.56 feet, more or less, to a point on the South right-of-way
line of said NE. 40th Street, said point being 30 feet South of the North line of
the Northwest Quarter of said Section 7, as measured perpendicular to the North
line thereof; thence South 89 degrees 26 minutes 49 seconds East along the
South right-of-way line of said NE. 40th Street, 30 feet South of and parallel
with the North line of the Northwest Quarter of said Section 7, a distance of
2,220.22 feet, more or less, to a point on the East line of the Northwest
Quarter of said Section 7, being also a point on the West line of Northeast
Quarter of said Section 7 and the West line of relocated NE. 40th Street as
established by the Grading Easement/Grading Consent Document No. N-41 897,
recorded in Book 2679 at Page 442 in said office of the Recorder of Deeds;
thence South 00 degrees 02 minutes 21 seconds East along the West line of the Northeast
Quarter of said Section 7, a distance of 10 feet to the Southwest corner of
relocated NE. 40th Street as established by said Document No. N-41 897, said
Southwest corner being 40 feet South of the North line of the Northeast Quarter
of said Section 7 as measured perpendicular to the North line thereof; thence
Easterly and Northeasterly along the South and Southeasterly right-of-way line
of said relocated NE. 40th Street, the following courses and distances; thence
South 89 degrees 29 minutes 06 seconds East along a line 40 feet South of and
parallel with the North line of the Northeast Quarter of said Section 7, a
distance of 103.47 feet; thence Easterly and Northeasterly along a curve to the
left, tangent to the last described course, having a radius of 540 feet and a
central angle of 43 degrees 00 minutes 42 seconds, an arc length of 405.38
feet; thence North 47 degrees 30 minutes 12 seconds East, tangent to the last
described curve, a distance of 451 .36 feet, more or less, to the Northeast
corner of said relocated NE. 40th Street as established by said Document No.
N-41 897, being also a point on the Southwesterly right-of-way line of NE.
Norfleet Street as shown on INTERMODAL, TRIPLECROWN AND AUTO RAMP FACILITY, SECOND PLAT, a subdivision in said City, County, and State, according to the
recorded plat thereof; thence Easterly and Southerly along the Southwesterly
right-of-way line of said NE. Norfleet Street, no longer along the South and
Southeasterly right-of-way line of said relocated NE. 40th Street, the
following courses and distances; thence Northeasterly, Easterly and
Southeasterly along a curve to the right, tangent to the last described course,
having a radius of 50 feet and a central angle of 90 degrees, an arc length of
78.54 feet; thence South 42 degrees 29 minutes 48 seconds East, 453.99 feet;
thence Southeasterly, Southerly and Southwesterly along a curve to the right,
tangent to the last described course, having a radius of 15 feet and a central
angle of 132 degrees 32 minutes 35 seconds, an arc length of 34.70 feet, more
or less, to a point on the Northerly right-of-way line of a side road
connection to said Missouri State Highway Route No. 210 as established by
Document No. C-23650, recorded in Book 988 at Page 291 in said office of the
Recorder of Deeds; thence Westerly, Southerly and Southeasterly along the
Northerly and Westerly right-of-way line of said side road connection, the
following courses and distances; thence North 89 degrees 57 minutes 13 seconds
West, 24.10 feet, more or less, to a point 340 feet Northwesterly of the survey
base line of said Missouri State Highway Route No. 210 at Station 41090;
thence South 02 degrees 35 minutes 29 seconds West, 84.85 feet, more or less,
to a point 280 feet Northwesterly of the survey base line of said Missouri
State Highway Route No. 210 at Station 41030; thence South 67 degrees 11
minutes 02 seconds East, 143.18 feet, more or less, to a point 150 feet
Northwesterly of the survey base line of said Missouri State Highway Route No.
210 at Station 410 90; thence Southerly and Southwesterly along the
Northwesterly right-of-way line of said Missouri State Highway Route No. 210,
no longer along said side road connection, the following courses and distances;
thence South 02 degrees 35 minutes 29 seconds West, 35.36 feet, more or less,
to a point 125 feet Northwesterly of the survey base line of said Missouri
State Highway Route No. 210 at Station 410 65; thence South 47 degrees 35
minutes 29 seconds West, 2,231 .63 feet, more or less, to a point 1,641.30 feet
South of the North line of the Northwest Quarter of said Section 7 as measured
perpendicular to the North line thereof; thence North 89 degrees 26 minutes 49
seconds West along a line 1,641 .30 feet South of and parallel with the North line
of the Northwest Quarter of said Section 7, no longer along the Northwesterly
right-of-way line of said Missouri State Highway Route No. 210, a distance of
2,172.72 feet, more or less, to a point on the Easterly line of Lot 4 of said
NORTHLAND PARK, PHASE I; thence North 11 degrees 32 minutes 11 seconds East
(North 11 degrees 32 minutes 21 seconds East, Plat), along the Easterly line of
Lots 4, 5, 6 and 7 of said NORTHLAND PARK, PHASE I, a distance of 1,627.55 feet
to the Point of Beginning.
EXCEPT:
A 60 feet wide strip of land for the right-of-way for NE. 40th Street, as
now established over the South 30 feet of the Southwest Quarter of the
Southeast Quarter of Section 6 and the North 30 feet of the Northwest Quarter
of the Northeast Quarter of Section 7, all in Township 50 North, Range 31 West,
in Kansas City, Clay County, Missouri, said 60 feet wide strip of land lies
East of the Easterly right-of-way line of relocated NE. 40th Street as
established by the Grading Easement/Grading Consent Document No. N-41 897,
recorded in Book 2679 at Page 442 in the office of the Recorder of Deeds in
said County and State and West of the Westerly right-of-way line of the side
road connection to Missouri State Highway Route No. 210 as established by
Document No. C-23650, recorded in Book 988 at Page 291 in said office of the
Recorder of Deeds, said 60 feet wide strip of land being more particularly
described as follows:
Commencing at a point on the Westerly right-of-way line of said side road
connection to Missouri State Highway Route No. 210, said point being 280 feet
Northwesterly of the survey base line of said Missouri State Highway Route No.
210 at Station 41030; thence North 02 degrees 35 minutes 29 seconds East along
the Westerly right-of-way line of said side road connection to Missouri State
Highway Route No. 210, a distance of 1 .60 feet to a point 30 feet South of the
North line of said Section 7, as measured perpendicular to the North line
thereof, said point being on the South right-of-way line of said NE. 40th
Street and the Point of Beginning of the 60 feet wide strip of land to be
herein described; thence North 89 degrees 29 minutes 06 seconds West along the
South right-of-way line of said NE. 40th Street, 30 feet South of and parallel
with the North line of said Section 7, a distance of 937.35 feet to a point on
the Easterly right-of-way line of said relocated NE. 40th Street; thence
Northeasterly along a curve to the left, being also along the Easterly
right-of-way line of said relocated NE. 40th Street, having an initial tangent
bearing of North 79 degrees 28 minutes 18 seconds East, a radius of 540 feet
and a central angle of 18 degrees 27 minutes 17 seconds, an arc length of
173.93 feet, more or less, to a point 30 feet North of the South line of said
Section 6, as measured perpendicular to the South line thereof, thence South 89
degrees 29 minutes 06 seconds East along the North right-of-way line of said
NE. 40th Street, 30 feet North of and parallel with the South line of said
Section 6, a distance of 777.07 feet to a point on the Westerly right-of-way
line of said side road connection to Missouri State Highway Route No. 210;
thence South 02 degrees 35 minutes 29 seconds West along the Westerly
right-of-way line of said side road connection to Missouri State Highway Route
No. 210, a distance of 60.04 feet to the Point of Beginning.
PHASE 2:
A portion of the South Half of the Northwest Quarter and a portion of the
Northwest Quarter of the Southwest Quarter, all in Section 7, Township 50
North, Range 31 West, together with a portion of the Southeast Quarter of the
Northeast Quarter of Section 12, Township 50 North, Range 32 West, all being in
Kansas City, Clay County, Missouri and lying North of Missouri State Highway
Route No. 210, as now established; being more particularly described as
follows:
Commencing at the Northeast corner of Lot 7, NORTHLAND PARK, PHASE I, a subdivision in said City, County and State, recorded October 7, 1980, as
Document No. E-1 5326 in Plat Book 18, Pages 80 through 100, inclusive and in
Plat Book 19, Pages 1 through 4, inclusive, being also a point on the South
line of an existing road easement as established by Document No. B-95836,
recorded in Book 881 at Page 373 in the office of the Recorder of Deeds in said
County and State, said point being 40 feet South of the centerline of NE. 40th
Street, as now established across said road easement; thence South 11 degrees
32 minutes 11 seconds West (South 11 degrees 32 minutes 21 seconds West, Plat),
along the Easterly line of Lots 7, 6, 5 and 4 of said NORTHLAND PARK, PHASE I,
a distance of 1,627.55 feet, more or less, to a point 1,641 .30 feet South of
the North line of the Northwest Quarter of said Section 7 as measured
perpendicular to the North line thereof and the Point of Beginning of the tract
of land to be herein described; thence South 89 degrees 26 minutes 49 seconds
East along a line 1,641.30 feet South of and parallel with the North line of
the Northwest Quarter of said Section 7, no longer along the Easterly line of
said NORTHLAND PARK, PHASE I, a distance of 2,1 72.72 feet, more or less, to a
point on the Northwesterly right-of-way line of said Missouri State Highway
Route No. 210, said point being 125 feet Northwesterly of the survey base line
of said Missouri State Highway Route No. 210; thence generally Southwesterly
along the Northwesterly right-of-way line of said Missouri State Highway Route
No. 210, the following courses and distances; thence South 47 degrees 35
minutes 29 seconds West; 333.37 feet, more or less; to a point 125 feet
Northwesterly of the survey base line of said Missouri State Highway Route No.
210 at Station 385 00; thence North 87 degrees 24 minutes 31 seconds West,
70.71 feet, more or less, to a point 175 feet Northwesterly of the survey base
line of said Missouri State Highway Route No. 210 at Station 38450; thence
South 47 degrees 35 minutes 29 seconds West, 100 feet, more or less, to a point
175 feet Northwesterly of the survey base line of said Missouri State Highway
Route No. 210 at Station 38350; thence South 02 degrees 35 minutes 29 seconds
West, 70.71 feet, more or less; to a point 125 feet Northwesterly of the survey
base line of said Missouri State Highway Route No. 210 at Station 383 00;
thence South 47 degrees 35 minutes 29 seconds West, 1,724.04 feet, more or
less, to the Southeast corner of Lot 1 of said NORTHLAND PARK, PHASE I; thence
North 34 degrees 45 minutes 49 seconds West (North 34 degrees 45 minutes 39
seconds West, Plat) along the Northeasterly line of said Lot 1, a distance of
1,112.50, more or less, to an angle point in the Easterly line of Lot 2 of said
NORTHLAND PARK, PHASE I; thence North 11 degrees 32 minutes 11 seconds East
(North 11 degrees 32 minutes 21 seconds East, Plat), along the Easterly line of
Lots 2, 3 and 4 of said NORTHLAND PARK, PHASE I, a distance of 642.46 feet to
the Point of Beginning.
(the Property).
Section 2. That
the Director of City Development is authorized to execute a cooperative
agreement with FedEx Ground Package System, Inc., and the North Kansas City
School District regarding the Project. The cooperative agreement is approved in
substantial form as that on file in the office of the Director of City
Development.
Section 3.
The tax abatement granted herein shall be 100% of the value of the
improvements, as defined in the cooperative agreement, for a period of 15 years
and shall apply to all ad valorem taxes on the Property, subject to continued
compliance with Section 135.215, RSMo, the City Enterprise Zone Ordinance and
the cooperative agreement. The affected taxing jurisdictions are:
North Kansas City School District
Clay County - Health, Library, Metropolitan Jr College and
Hospital.
Section 4.
That the City Clerk is hereby directed to deliver a copy of this ordinance to
the State Director of Economic Development within thirty days following passage
of this ordinance.
_______________________________________________________
Approved as to
form and legality:
______________________________
Heather
A. Brown
Assistant City Attorney