ORDINANCE NO. 150490
Approving and authorizing the
Board of Parks and Recreation Commissioners to accept from the Land Bank of
Kansas City, Missouri, four unimproved lots located at 8122 Olive Street, 8201
Brooklyn Avenue, 8207 Brooklyn Avenue and 8209 Brooklyn Avenue which will
expand Marlborough Park.
WHEREAS, it is
the desire of the Board of Parks and Recreation Commissioners to enhance and
expand open space and recreation opportunities by adding additions to the parks
system in appropriate situations; and
WHEREAS,
Marlborough Park is an 18.01 acre neighborhood park whose assembly began in
1981 and is generally located in the vicinity of E. 83rd Street and Park Avenue;
and
WHEREAS, the four unimproved lots are located adjacent to
Marlborough Park; and
WHEREAS, at the request of the Parks and Recreation
Department of Kansas City, Missouri, a Phase I environmental assessment was
prepared for these parcels and no recognized environmental conditions were
observed; and
WHEREAS, the Parks and Recreation Department has
communicated with the City Manager that based on preliminary authority from the
Board of Parks and Recreation Commissioners, that it would like to complete the
acquisition process of these four unimproved lots to expand Marlborough Park;
and
WHEREAS, City
Charter Section 1003 and City Code of Ordinance Section Number 53-1 require
that the City Council approves and authorizes the Board of Parks and Recreation
Commissioners to acquire additional parkland; NOW,
THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the City acknowledges receipt of a communication from the Director of the Parks
and Recreation Department to the City Manager that Phase I has been received
that is acceptable, and requesting that the 8122 Olive Street, 8201 Brooklyn
Avenue, 8207 Brooklyn Avenue and 8209 Brooklyn Avenue, collectively referred to
as the “Expansion Property” be acquired from the Land Bank of Kansas City,
Missouri (“Land Bank”), by the City for park purposes.
Section 2. That
the City approves and authorizes the Board of Parks and Recreation
Commissioners to accept the transfer of ownership to the City without
consideration for the expansion of Marlborough Park, which transfer will be
made by Special Warranty Deed executed by the Land Bank and held in escrow
until the subsequent passage of a resolution by the Board of Parks and
Recreation Commissioners accepting the Expansion Property for parkland forever.
Section 3. That
the City authorizes the Office of the City Attorney to hold the Special
Warranty Deed executed on behalf of the Land Bank, until such time that City
Attorney receives a certified copy of the resolution by the Board of Parks and
Recreation Commissioners accepting the property for public use for parkland
forever, which resolution along with a certified copy of this City Council
ordinance will be attached to and become an exhibit to and a part of such
Special Warranty Deed as recorded.
_____________________________________________
Approved as to
form and legality:
________________________________
Lana K. Torczon
Assistant City
Attorney