ORDINANCE NO. 120880
Declaring
certain real property surplus to the City’s needs and authorizing the Director
of the General Services Department to convey certain parcels to the Land
Clearance for Redevelopment Authority of Kansas City, Missouri (“LCRA”) and
authorizing the execution of related documents to continue development of the
Beacon Hill project.
WHEREAS, all City departments have been notified that the
parcels of real property set out below were in excess to the needs of the City
and no interest has been expressed in retaining the land for public use; 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, Missouri, 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, the City has filed a motion in the lawsuit styled
City of Kansas City, Missouri v. Housing and Economic Development Financial
Corporation, Case No. 05-00368-CV-W-GAF in U.S. District Court of the
Western District of Missouri asking that the property currently held in that
federal receivership with the Beacon Hill project be transferred to the
Economic Development Corporation Charitable Fund so that it can subsequently be
transferred to LCRA to continue the elimination of blight; and
WHEREAS, LCRA 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 LCRA has
the power of eminent domain; and
WHERAS, Section 99.580, RSMo, (Supp 2011) of the Land Clearance
for Redevelopment Authority Law provides, in pertinent part, that: “[f]or 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 parcels of real property
owned by the City of Kansas City set out and described by common street
addresses and legal descriptions in attached Exhibit A are surplus to the
City’s needs and no longer needed for public use. Exhibit A and its
descriptions of the parcels of real property are incorporated herein by
reference as if fully set forth.
Section 2. That the
Director of General Services Department is authorized to convey the parcels of
real property bearing the common street addresses and legal descriptions set
out on Exhibit A to the Land Clearance for Redevelopment Authority of Kansas
City, Missouri for 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 Neighborhoods and Housing Services
Department are hereby authorized to execute any and all real estate and closing
documents necessary therefore and to take such further actions as required to
carry out the intent of this ordinance. Exhibit A is hereby incorporated into
this section as if fully set forth herein.
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Approved as to form and legality:
______________________________
Nicole Rowlette
Assistant City Attorney