ORDINANCE NO. 120556
WHEREAS,
all City departments have been notified that the parcels of real property set
out below were considered to be in excess of the needs of the City and no
interest has been expressed by any City department in retaining the land for
public use after solicitation of such interest; and
WHEREAS,
the parcels of real property set out below, when assembled with other parcels
of real property currently titled in the name of the Housing and Economic
Development Financial Corporation, will enable the substantial rehabilitation
of two historic colonnade six-plex unit structures and the new construction of
three six-plex unit structures generally located at 27th Street and
Tracy Avenue into thirty (30) multi-family rental units to be leased to twenty
six (26) low and moderate income households and four (4) households paying
market rate rents within the Beacon Hill project; and
WHEREAS,
this project is commonly referred to as the Colonnades project; and
WHEREAS,
on April 28, 2011, the City Council passed Second Committee Substitute for
Ordinance No. 110300, authorizing the City Manager to enter into a contract
with the Economic Development Corporation of Kansas City, the Land Clearance
for Redevelopment Authority of Kansas City, the Economic Development Corporation
Charitable Fund and the EDC Loan Corporation for the management of assets to
be transferred from the Housing and Economic Development Financial Corporation,
in part, for the continued development of the Beacon Hill project; and
WHEREAS,
either the City will file a motion, or the Receiver will file a Recommendation,
in the lawsuit styled City of Kansas City, Missouri v. Housing and Economic
Development Financial Corporation, Case No. 05-00368-CV-W-GAF in the U.S.
District Court for the Western District of Missouri asking the Court to
authorize the Receiver to convey to a developer upon closing the other parcels
of real property needed for the Colonnades project which are currently titled
in the name of the Housing and Economic Development Financial Corporation; and
WHEREAS,
the Land Clearance for Redevelopment Authority of Kansas City, Missouri is a
public body corporate and politic duly organized and existing pursuant to
Section 99.330, RSMo having among its powers the redevelopment of blighted
areas and the power of eminent domain; and
WHEREAS,
the parcels of real property set out below are situated within the Hospital
Hill II Urban Renewal Area within which the Land Clearance for Redevelopment
Authority of Kansas City, Missouri has the power of eminent domain; and
WHEREAS;
Section 99.580, RSMo. (Supp 2011) of the Land Clearance for Redevelopment
Authority Law provides, in pertinent part, that:
For
the purpose of aiding and cooperating in the planning, undertaking
or
carrying out of a land clearance project within the area in which it is
authorized
to act, any public body may, upon such terms, with
reasonable
consideration, as it may determine: (1) Dedicate, sell, convey
or
lease any of its interest in any property, or grant easements, licenses
or
any other rights or privileges therein to an authority.
and the
City is such a “public body”; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That the Council finds and determines that the following parcels of real
property owned by the City of Kansas City are no longer needed for public use:
Street
address Parcel
No. Legal Description
2639
Tracy 29-630-31-15 Porter Park – West
45 feet of South 11
feet of Lot 9 and West 45 feet of North
33 feet of Lot 10, Block 5 (also
known as North 44 feet of Tract
A on certified survey S-1, page 209)
1300
East 27th Street 29-630-31-16 Porter Park
– West 45 feet of South 17
feet of Lot 10 and West 45 feet of
Lot
11, Block 5 (also known as South
81.25 feet of Tract A on certified
survey S-1, page 209)
1316
East 27th Street 29-630-31-20 Porter Park
– East 47 feet of West 70 feet,
Lot 12 and East 47 feet of West 70
feet of South 16 feet of lot 13 and East
12 feet of West 35 feet of North 34
feet of Lot 13 and East 12 feet of South
11 feet, Lot 14, Block 5
Section 2. That the Director
of General Services Department is hereby authorized to convey the parcels of
real property described in Section 1 above to the Land Clearance for
Redevelopment Authority of Kansas City, Missouri for the purposes of the
furtherance of the Colonnades project and the further development of the Beacon
Hill project within the Hospital Hill II Urban Renewal Area, and both the
Director of the General Services Department and the Director of the
Neighborhood and Housing Services Department are hereby authorized to execute
any and all real estate and closing documents necessary therefore, to execute
related and to take such further actions as required to carry out the intent of
this ordinance.
_____________________________________________
Approved as to form and legality:
__________________________________
Galen P. Beaufort