ORDINANCE NO. 980426

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Chouteau I-35 Tax Increment Financing Plan approving the Chouteau I-35 Tax Increment Financing Plan and designating a Redevelopment Area.

 

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, 1986, as amended (the "Act"), the City Council of Kansas City, Missouri, by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

 

WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts, closed said public hearing on March 25, 1998 and on March 25, 1998 approved Resolution No. 3-8-98 (the "Resolution") recommending to the City Council the approval of the Chouteau I-35 Tax Increment Financing Plan (the "Redevelopment Plan"); and

 

WHEREAS, the Redevelopment Plan is a comprehensive program intended to satisfy, reduce or eliminate those conditions, the existence of which qualified the Redevelopment Area as a blighted area, and to enhance the tax base within the Redevelopment Area through the implementation of three separate Redevelopment Projects and the adoption of tax increment financing in each of the areas selected for such Redevelopment Projects; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the Redevelopment Plan as set forth in the Resolution attached hereto as Exhibit "A" are hereby accepted and the Redevelopment Plan, a copy of which is attached hereto t as Exhibit "B", is hereby approved and adopted as valid and the Redevelopment Projects contained therein are hereby authorized.

 

Section 2. All terms used in this Ordinance shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.

 

Section 3. The following-described tracts are hereby designated a Redevelopment Area:

 

Tract 1

(Owner: Phillips 66)

 

All that part of the West 1/2 of the Southeast 1/4 of Section 6, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows: Beginning at the intersection of the Southerly right of way line of Chouteau Trafficway and the Westerly right of way line of the abandoned Kansas City, Clay County and St.

Joseph Railroad; thence Southwesterly along said Westerly right of way line 160.92 feet; thence S 64 degrees 02 minutes 42 seconds E, (this and subsequent bearings referring to the North line of said 1/2 1/4 section as having a bearing of S 89 degrees 57 minutes 00 seconds E), a distance of 133.21 feet; thence N 30 degrees 34 minutes 00 seconds E, a distance of 160.00 feet to a point on the Southerly right of way line of said Chouteau Trafficway, thence N 64 degrees 02 minutes 42 seconds W along said Southerly right of way line of Chouteau Trafficway, 125.00 feet to the point of beginning together with an easement appurtenant to the land above described over a portion of adjacent land as described in the deed recorded in Book 866 at Page 114, as Document B-91177, in the Office of the recorder of Deeds for Clay County, Missouri.

 

Tract 2

(Owner: Rinehart)

 

Commencing at the N.E. Corner of the West 1/2 of the Southeast 1/4, Section 6, Township 50 North, Range 32 West; thence West along the North line of the West 1/2 of the Southeast 1/4 of Section 6, Township 50 North, Range 32 West, a distance of 367/37 feet to a point on the Westerly right of way line of the abandoned Kansas City, Clay County and St. Joseph Railroad; thence Southwesterly along said right of way a distance of 0.99 feet; thence S 64 degrees 02 minutes 42 seconds E a distance of 125.0 feet, to a point of beginning, thence continuing along said S 64 degrees 02 minutes 42 seconds E, a distance of 24.76 feet to a point in the West right of way of Chouteau Trafficway; thence S 46 degrees 13 minutes E along said right of way a distance of 171.65 feet; thence S 0 degrees 12 minutes E, a distance of 233.63 feet; thence N 52 degrees 46 minutes 30 seconds W, a distance of 58.19 feet; thence N 70 degrees 00 seconds W, to a point in the Easterly line of the Kansas City, Clay County and St. Joseph Railroad right of way; which point is the Southeast corner of that tract conveyed by deed recorded as Document No. B-91177; thence in a Northeasterly direction along said right of way, a distance of 35 feet; thence S 61 degrees 19 minutes E, a distance of 31.0 feet; thence N 30 degrees 41 minutes E, a distance of 250.0 feet, to the point of beginning.

 

 

Tract 3

(Owner: Dickson)

 

All that part of the West half of the Southeast quarter of Section 6, Township 50, Range 32 in Kansas City, Clay County, Missouri, described as follows: Beginning at the intersection of the Southerly line of Chouteau Trafficway and the West line of Cleveland Avenue North; thence in a Westerly direction at right angles to Cleveland Avenue North, a distance of 80 feet; thence at right angles to last described course South to the center line of a creek; thence Easterly following the meanderings of the center line of said creek, to the West line of Cleveland Avenue North; thence North along the West line of Cleveland Avenue North to the point of beginning.

 

Tract 4

(Owner: Dickson)

 

A part of the West half of the Southeast Quarter of Section 6, Township 50, Range 32, described as follows: Beginning at a point of intersection of the North line of 43rd Street Terrace North (platted as Spring Road) with the West line of North Cleveland, thence westerly in the North line of said 43rd Street Terrace North as shown on the plat of Spring Road Addition recorded December 29, 1949 in Book 454 at page 1, in the Office of the Recorder of Deeds of Clay County, to its intersection with the Easterly right of way line of the abandoned right of way of Kansas City, Clay County and St. Joseph Railroad; thence Northerly in the Easterly line of said abandoned right of way to the southwest corner of the tract conveyed by deed filed April 28, 1968 as Document C-33526 and recorded in Book 1015 at page 415; thence Southeasterly in the South line of said tract to the southeast corner thereof and also which point is the southwest corner of the tract conveyed by deed filed November 15, 1961 as Document B-49366 and recorded in Book 732 at page 415; thence continuing southeasterly in the south line of said tract to a point in the west line of Cleveland Avenue, thence south in the West line of Cleveland Avenue to the point of beginning, all in Kansas City, Clay County, Missouri.

 

Tract 5

(Owner: Hillcrest/Inc.)

 

All that part of the West 1/2 of the Southeast 1/4 of Section 6, Township 50, Range 32, in Kansas City, Clay County, Missouri, described as follows: Beginning at a point on the Westerly Right-of-Way line of the abandoned Kansas City, Clay County and St. Joseph Railroad, 160.92 feet Southwesterly of the intersection of said Westerly Right-of-Way line with the Southerly Right-of-Way line of the Chouteau Trafficway, as measured along said Right-of-Way line; thence S 64 degrees 02 minutes 42 seconds E, (this and subsequent bearings referring to the North line of said 1/2 1/4 section as having a bearing of S 89 degrees 57 minutes 00 seconds E) a distance of 133.21 feet; thence S 30 degrees 34 minutes 00 seconds W, a distance of 90.0 feet; thence N 61 degrees 19 minutes 00 seconds W, a distance of 31.87 feet to a point on the Easterly Right-of-Way of said abandoned Railroad; thence Southwesterly along said Easterly line of said abandoned Railroad, a distance of 33.19 feet; thence N 70 degrees 00 minutes 00 seconds W, a distance of 100.86 feet to a point on the Westerly Right-of-Way of said abandoned Railroad, said point being 132.08 feet Southwesterly from the point of beginning, as measured along said Right-of-Way line; thence Northeasterly along said Right-of-Way line to the point of beginning. Also, all that part of the West 1/2 of the Southeast 1/4 of Section 6, Township 50, Range 32, in Kansas City, Clay County, Missouri described as follows: Beginning at a point on the Westerly Right-of-Way line of the abandoned Kansas City, Clay County and St. Joseph Railroad, 293.0 feet Southwesterly of the intersection of said Westerly Right-of-Way line with the Southerly Right-of-Way line of the Chouteau Trafficway, as measured along said Westerly Right-of-Way line; thence S 70 degrees 00 minutes 00 seconds E, (this and subsequent bearings referring to the North line of said 1/2 1/4 Section as having a bearing of S 89 degrees 57 minutes 00 seconds E) a distance of 100.86 feet to a point on the Easterly Right-of-Way line of said abandoned Railroad; thence Southwesterly along last said Easterly Right-of-Way line; a distance of 194.46 feet to a point on the North Right-of-Way line of 43rd Street Terrace North, (formerly known as Spring Street); thence Westerly along said Northerly Right-of-Way line, a distance of 111.88 feet to the Westerly Right-of-Way line of said abandoned Railroad; thence Northeasterly along said last Westerly Right-of-Way line 242.29 feet to the point of beginning.

 

Tract 6

(Owner: Chouteau I-35 Development L.L.C.)

 

All that part of Blocks 4, 5, and 6, and Lake Winnetonka, in "Winnwood Beach" a subdivision, and part of vacated Cleveland Avenue and part of vacated Northeast 43rd Street Terrace and part of vacated Winnwood Boulevard, all in the East 1/2 of Section 6, Township 50, Range 32, all in Kansas City, Clay County, Missouri, more particularly described as follows: Commencing at the Northeast corner of said Block 4; thence N 89 degrees 17 minutes 19 seconds W 10.00 feet along the North line of said Block 4; thence parallel with the East line of said Block 4 S 00 degrees 38 minutes 34 seconds W 403.90 feet to the point of beginning; thence S 00 degrees 38 minutes 34 seconds W 1106.18 feet parallel with said East line of said Block 4 to the centerline of vacated Northeast 43rd Street Terrace; thence with said centerline of said vacated 43rd Street Terrace N 89 degrees 17 minutes 22 seconds W 115.03 feet; thence N 76 degrees 33 minutes 13 seconds W 91.46 feet; thence S 89 degrees 42 minutes 23 seconds W 418.76 feet; thence along a curve to the right, having a radius of 130.00 feet, a central angle of 77 degrees 45 minutes 17 seconds, and an arc length of 176.42 feet; to a point of compound curvature, having a radius of 490.00 feet, a central angle of 00 degrees 19 minutes 34 seconds, and an arc length of 2.79 feet; thence leaving said centerline of vacated 43rd Street Terrace S 77 degrees 46 minutes 47 seconds W 10.00 feet to the Southeast corner said Block 6; thence N 89 degrees 17 minutes 49 seconds W 44.30 feet along the South line of said Block 6; thence N 45 degrees 19 minutes 45 seconds W 262.48 feet to a point on the centerline of said vacated Cleveland Avenue; thence S 00 degrees 38 minutes 11 seconds W 13.12 feet along said centerline of vacated Cleveland Avenue to the Northeast right-of-way line of Chouteau Trafficway; thence leaving said centerline of vacated Cleveland Avenue and along said Northeast right-of-way of Chouteau Trafficway N 45 degrees 19 minutes 45 seconds W 240.08 feet; thence N 13 degrees 43 minutes 48 seconds W 90.94 feet to the Southeast right-of-way line of Interstate Highway No. 35; thence along said Southeast right-of-way line the following courses; along a curve to the left, having a radius of 3084.79 feet, a central angle of 04 degrees 10 minutes 22 seconds, and an arc length of 224.66 feet; thence N 49 degrees 05 minutes 36 seconds E 368.17 feet; thence N 67 degrees 04 minutes 30 seconds E 107.95 feet; thence N 49 degrees 36 minutes 56 seconds E 211.99 feet; thence N 18 degrees 13 minutes 01 seconds E 66.87 feet; thence N 49 degrees 14 minutes 01 seconds E 200 feet; thence leaving said Southeast right-of-way line of Interstate Highway No. 35, S 00 degrees 38 minutes 34 seconds W 165.00 feet; thence S 89 degrees 21 minutes 26 seconds E 289.76 feet to the point of beginning, containing 970,610 square feet or 22.28 acres more or less and subject to rights-of-way, easements, covenants and restrictions of record or fact.

 

Section 4. In accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

 

(a) The Redevelopment Area as a whole is a blighted area;

 

(b) The following factors are hereby found to exist in the Redevelopment Area, to-wit:

 

(i) The existing two-lane Chouteau Trafficway and adjacent common narrow side streets will not support the type of large, retail development that is logical for an interstate corner and constitutes an inadequate street layout.

 

(ii) A significant portion of the Redevelopment Area consists of a drained lake bed, portions of which are unstable due to haphazard efforts to fill the lake bed and other portions of the lake bed sustain ponds of stagnant water that contribute to the breeding of mosquitoes. The former lake bed is a large, unlighted open space at an interstate interchange likely to be the site of the unlawful activities during evening hours. Such conditions are insanitary and unsafe.

 

(iii) A portion of the Redevelopment Area to the west of Chouteau Trafficway is encumbered by the Buckeye Creek 100 year flood plain and is occasionally flooded and constitutes an insanitary and unsafe condition.

 

(iv) A site on the east side of Chouteau Trafficway upon which a Sinclair service station is located is suspected of suffering from leaking petroleum hydrocarbons and this constitutes an unsafe condition.

 

(v) The Sinclair service station located on the east side of Chouteau Trafficway and a retail building located on the west side of Chouteau Trafficway are masonry structures that are respectively, 40 and 34 years in age and near the end of their expected economic life span and constitute deteriorating site improvements.

 

(vi) That portion of the Redevelopment Area located on the west side of Chouteau Trafficway is held by multiple owners of small, crowded parcels and constitutes obsolete platting.

 

(vii) On the east side of Chouteau Trafficway, an undeveloped portion of the Redevelopment Area along the west side of Winn Road is zoned for single family homes upon lots that are 50 feet wide and constitutes obsolete platting.

 

(viii) Because of the above described conditions, the Redevelopment Area is underdeveloped and produces less than $40,000 annually in real estate taxes for local taxing jurisdictions and is therefore economically under‑utilized and constitutes an economic and social liability.

 

(c) The Redevelopment Area as a whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the Redevelopment Plan and such fact is acknowledged in an affidavit included in the Plan as Exhibit 15 thereto;

 

(d) The Redevelopment Area includes only those parcels of real property directly and substantially benefited by the proposed Redevelopment Projects;

 

(e) The Redevelopment Plan conforms to the Briarcliff-Antioch-Davidson Area Plan and to FOCUS, the comprehensive plan for the development of the City as a whole;

 

(f) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area;

 

(g) A plan has been developed for relocation assistance for businesses and residences.

 

(h) A cost benefit analysis showing the economic impact of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared.

 

(i) The Plan does not include the initial development or redevelopment of any gambling establishment.

 

Section 5. The Commission is authorized to issue obligations in one or more series of bonds secured by the Chouteau I-35 Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area and, subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the Commission determines, to enter into such contracts and take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan pursuant to the power delegated to it in Ordinance No. 54556. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

 

Section 6. Pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Chouteau I-35 Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney