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Legislation #: 180924 Introduction Date: 11/29/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER REED
Title: Authorizing the removal of the condition imposed in Ordinance No. 180710 that required the removal of a billboard as a part of the transfer of City owned property to the Land Clearance Redevelopment Authority of Kansas City, Missouri, generally located in the northeast quadrant of the intersection south of Highway 40 and north of Interstate 70, to facilitate redevelopment within the Blue Valley Urban Renewal Area; and directing the City Clerk to record this ordinance.

Legislation History
DateMinutesDescription
11/29/2018 Filed by the Clerk's office
11/29/2018 Referred to Planning, Zoning & Economic Development Committee
12/5/2018 Hold On Agenda (1/9/2019)
1/9/2019 Hold On Agenda (1/23/2019)
1/23/2019 Hold On Agenda (2/20/2019)
2/27/2019 Hold On Agenda (4/3/2019)
5/1/2019 Hold On Agenda (6/12/2019)
4/17/2019 Hold On Agenda (6/12/2019)
6/12/2019 Hold Off Agenda

View Attachments
FileTypeSizeDescription
Platte Purchase Develoment Plan - 2nd Amendment to the Plan.pdf Other 318K 2nd Amendment to the Platte Purchase Plan
Flood Plain Designations Map.pdf Maps 1166K Flood Plain Designations Map
Blue Valley Fig 2 revised.pdf Maps 102K Blue Valley Fig 2
fact sheet.docx Fact Sheet 30K fact sheet

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ORDINANCE NO. 180924

 

Authorizing the removal of the condition imposed in Ordinance No. 180710 that required the removal of a billboard as a part of the transfer of City owned property to the Land Clearance Redevelopment Authority of Kansas City, Missouri, generally located in the northeast quadrant of the intersection south of Highway 40 and north of Interstate 70, to facilitate redevelopment within the Blue Valley Urban Renewal Area; and directing the City Clerk to record this ordinance.

 

WHEREAS, the Land Clearance for Redevelopment Authority of Kansas City, Missouri (“Authority”) is a public body corporate and politic created by the Land Clearance for Redevelopment Authority Law, Section 99.300, et seq., RSMo (“LCRA Law”); and

 

WHEREAS, the Authority approved the Blue Valley Urban Renewal Plan on July 25, 1997, by Resolution 97-38 and determined that the portion of the City located within the Blue Valley Urban Renewal Area described in such Plan was blighted and insanitary and such Authority extended the Plan pursuant to Resolution No. 10-1-18, adopted October 24, 2018, with such extension being through August 27, 2033; and

 

WHEREAS, the City Council approved the Blue Valley Urban Renewal Plan by Ordinance No. 980946 passed on August 27, 1998, the purpose of which is to eliminate and prevent the spread, development and recurrence of the blighted and insanitary conditions within the Blue Valley Urban Renewal Area and the City Council also extended the Plan pursuant to Ordinance No. 180819, passed October 25, 2018, to the same extension date of August 27, 2033; and

 

WHEREAS, the Blue Valley Urban Renewal Plan contemplates billboard removal, as billboards are considered a blighting factor, and such removal is a condition precedent to the approval of tax abatement; and

 

WHEREAS, the City Council previously approved the transfer of certain Property in the Blue Valley Urban Renewal Area to the Authority pursuant to Ordinance No. 180710, passed September 20, 2018, and all capitalized terms used herein, if not defined herein, shall have the definitions assigned to them in Ordinance No. 180710; and

 

WHEREAS, the Property contains a non-conforming billboard, the lease for which has been terminated by the City effective February 1, 2019 in order to remove blight; and

 

WHEREAS, the Lamar Company, LLC, a Louisiana limited liability company (“Lamar”) has requested that the billboard be allowed to remain and that Lamar be allowed to re-enter into a separate lease with the subsequent owner, being Yana Properties, LLC, a Missouri limited liability company, doing business as Blue Nile Contractors, Inc., a Missouri corporation (“Developer”) if such Developer obtains title of the Property upon which the existing non-conforming billboard is located; and

WHEREAS, Section 2 (iii) of Ordinance No. 180710 conditioned the transfer of the City owned Property upon the Developer’s agreement to restrict the continuation or renewal of any billboards licenses or leases, as a part of the acceptance of the deed from the LCRA and its further agreement for itself, as the Developer, and its successors and assigns, not to permit any future billboards on the Property and to cause the discontinuation of the existing billboard as soon as practical; and

 

WHEREAS, the conveyance of the City owned property consisting of 221,672 square feet, was appraised at approximately $0.60 per square foot, for an aggregate value of $133,003.20, but the City was authorized by Ordinance No. 180710 to convey the Property to the Authority for redevelopment within the Blue Valley Urban Renewal Area as authorized by Sections 99.580 and 99.590, RSMo, with nominal consideration of a $1.00 in lieu of the Developer seeking any tax incentives for the Project, subject to conditions recited therein including that the Authority enter into a Purchase and Development Agreement with the Developer to cause the commencement and timely completion of the redevelopment of the existing structure on the Property for a leasable office, shop and parts storage, with no less than 15,000 usable square feet, a façade enhancement, new roofing, paving and landscaping to retain 125 jobs, and such nominal consideration in lieu of a tax incentive is the equivalent to a tax abatement under the Blue Valley Urban Renewal Plan which would otherwise require the removal of the billboard as a condition precedent to receiving the property for nominal consideration; and

 

WHEREAS, Subsection 2-422(a)(1), Code of Ordinances, generally grants to the Director of the General Services Department the power and responsibility for the disposition of City-owned real property; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of the General Services Department is authorized to negotiate, enter into and implement a Purchase and Development Agreement with the Authority to transfer the Property to the Authority by special warranty deed, that continues to contain all conditions stated in Ordinance No. 180710, which shall remain in full force and effect, except the condition that the Developer must agree to restrict the continuation or renewal of any billboards licenses or leases, as a part of the acceptance of the deed from the Authority, and will agree for itself, as the Developer, and its successors and assigns, not to permit any future billboards on the Property and to cause the discontinuation of the existing billboard as soon as practical.

 

Section 2. The City Council by adoption of this Ordinance modifying the billboard related condition contained in Ordinance No. 180710, is consenting to the Developer, if it acquires the Property, entering into a separate lease with Lamar, which allows the existing non-conforming billboard to remain, conditioned upon the Developer agreeing not to allow or enter into any other form of lease or license permitting the construction of any other billboards whatsoever on the Property acquired from the City and such modified condition and continuing obligation to not allow any other billboards, will be incorporated in the Purchase and Development Agreement, and the special warranty deed from the City to the Authority.

 

Section 3. That the City Clerk is directed to record a certified copy of this ordinance with the Jackson County, Missouri Recorder of Deeds. For the purposes of recording, the legal description is attached hereto as Exhibit A, and incorporated herein by reference.

 

____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Amelia McIntyre

Associate City Attorney


Exhibit A

 

All that part of the south 625 feet of Lot 5, Commissioners Plat No. 2 of Levi Owings Estate, lying south of U.S. Highway 40 cut-off, east of Interstate I-70 and west of the west bank of Big Blue River, and all that part of the Southeast Quarter of the Southwest Quarter of Section 13, Township 49 North, Range 33 West, lying north of Interstate I-70 and west of the west bank of Big Blue River described as follows:

 

Commencing at the northwest corner of the Northeast Quarter of the Southwest Quarter of said Section 13; thence South 87 degrees 53 minutes 52 seconds East, along the south line of said Section 13, a distance of 936.71 feet to the point of beginning; thence North 02 degrees 06 minutes 08 seconds East (North 0 degrees 00 minutes East, Deed), a distance of 90.00 feet; thence North 51 degrees 14 minutes 22 seconds West (North 53 degrees 20 minutes 30 seconds West, Deed), a distance of 259.10 feet to a point on the south right of way line of U.S. Highway 40 cut-off; thence the following courses and distances along said right of way line; thence North 70 degrees 27 minutes 08 seconds East (North 68 degrees 21 minutes East, Deed), a distance of 345.00 feet; thence South 19 degrees 32 minutes 52 seconds East (South 21 degrees 39 minutes East, Deed), a distance of 10 feet; thence North 70 degrees 27 minutes 08 seconds East, (North 68 degrees 21 minutes East, Deed), a distance of 143.37 feet; thence departing said south right of way line, along a curve to the right, having an initial tangent bearing of South 21 degrees 14 minutes 16 seconds East, a radius of 275 feet, a central angle of 32 degrees 57 minutes 09 seconds and an arc distance of 158.16 feet; thence tangent to the last described course, South 11 degrees 42 minutes 52 seconds West, a distance of 21.48 feet to a point of curvature; thence along a curve to the left, having a radius of 365 feet, a central angle of 38 degrees 54 minutes 15 seconds and an arc distance of 247.84 feet to a point on the south line of said Northwest Quarter; thence South 87 degrees 53 minutes 52 seconds East, along said south line, a distance of 9.00 feet; thence departing said south line, South 15 degrees 07 minutes 02 seconds East, a distance of 194.97 feet; thence South 00 degrees 54 minutes 25 seconds West, a distance of 216.49 feet to a point on the north right of way line of Interstate I-70; thence the following courses and distances; thence North 59 degrees 28 minutes 45 seconds West, distance of 113.85 feet, thence North 32 degrees 38 minutes 04 seconds West, a distance of 112.18 feet; thence North 59 degrees 22 minutes 52 seconds West, a distance of 274.29 feet; thence North 02 degrees 12 minutes 12 seconds East, a distance of 125.35 feet to a point on the south line of the Northwest Quarter of said Section 13; thence departing the north right of way line of Interstate I-70 and along the south line of said Northwest Quarter, South 87 degrees 53 minutes 52 seconds East, a distance of 27.25 feet to the point of beginning; subject to that part in 31st Street.