ORDINANCE NO. 081118
Accepting the recommendations of
the Tax Increment Financing Commission as to the Eighth Amendment to the Shoal
Creek Parkway Tax Increment Financing Plan; approving the Eighth Amendment to
the Shoal Creek Parkway Tax Increment Financing Plan; and designating an
expanded redevelopment area.
WHEREAS, the
Council by Ordinance No. 54556 passed on November 24, 1982, and thereafter
amended in certain respects by Committee Substitute for Ordinance No. 911076,
as amended, passed on August 29, 1991, created the Tax Increment Financing
Commission of Kansas City, Missouri (the "Commission"); and
WHEREAS, on
November 10, 1994, the Council passed Ordinance No. 941443, which accepted the
recommendations of the Commission as to the Shoal Creek Parkway Tax Increment
Financing Plan (the Redevelopment Plan), approved the Redevelopment Plan,
found the Redevelopment Area to be an economic development area; designated the
Redevelopment Area as a Redevelopment Area pursuant to the Act; approved an
agreement with the Commission; and authorized the Commission to take all such
action as may be needed to effectuate the Redevelopment Plan; and
WHEREAS, the
First Amendment expanded the boundaries of the Redevelopment Area and provided
for the use of tax increment financing revenues to assist in financing
construction of certain portions of Shoal Creek Parkway and side walks, street
lights and appurtenances and was approved by the Council in Ordinance No.
971310, passed October 2, 1997; and
WHEREAS, the
Second Amendment provided for the addition of two projects for the development
of additional commercial space in the expanded Redevelopment Area and was
approved by the Council in Ordinance No. 021283 passed October 31, 2002;
and
WHEREAS, the
Third Amendment provided for payments in lieu of taxes to pay for certain costs
related to the construction of the Flintlock Flyover and tax increment
financing revenues to assist in financing the construction of Shoal Creek
Parkway from I-435 to Pleasant Valley Road and was approved by the Council in
Ordinance No. 040457 passed April 29, 2004; and
WHEREAS, the
Fourth Amendment provided that 80% of the economic activity taxes generated and
collected within the Redevelopment Area be utilized to reimburse certain
redevelopment costs identified in the Fourth Amendment and provides for
revisions to the project budget and was approved by the Council in Ordinance
No. 041218 passed November 9, 2004; and
WHEREAS, the
Fifth Amendment provided updated budget line items amounts as well as provided
for the expansion of the Redevelopment Area boundaries to include the proposed
alignment of the Maplewoods Parkway between Indiana and Brighton and was
approved by the Council in Ordinance No. 060903 passed August 31, 2006;
and
WHEREAS, the Sixth
Amendment provided updated budget line amounts for N. Brighton as well as
Searcy Creek Parkway and was approved by the Council in Committee Substitute
for Ordinance No. 061320 passed December 14, 2006; and
WHEREAS, the Seventh
Amendment provided the estimated redevelopment costs, allowed for acquisition
of property for right-of-way and removed the TIFC Representative from the
Advisory Committee and placing him/her as an ex-officio member and was approved
by the Council in Ordinance No. 080419 passed May 8, 2008; and
WHEREAS, the Eighth
Amendment to the Shoal Creek Parkway Tax Increment Financing Plan was presented
to the Commission; and
WHEREAS, the
Commission, having been duly constituted and its members appointed, after all
proper notice was given, met in public hearing and, after receiving the
comments of all interested persons and taxing districts, closed the public
hearing on October 8, 2008, and adopted Resolution No. 10-07-08 (Resolution)
recommending approval of the Eighth Amendment; and
WHEREAS, the Eighth
Amendment provides for (i) the expansion of the Redevelopment Area and the
addition of Project Areas, (ii) modifications to the budget of Redevelopment
Projects Costs and (iii) modifications to the Estimated Economic Activity Taxes
over the life of the Plan; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. The
recommendations of the Commission concerning the Eighth Amendment as set forth
in the Resolution attached hereto as Exhibit "A" are accepted and the
Eighth Amendment, a copy of which is attached as Exhibit "B," is
approved and adopted as valid and the Redevelopment Projects contained therein
are hereby authorized.
Section 2. All
terms used in this Ordinance, not otherwise defined herein, shall be construed
as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as
amended (the Act).
Section 3. The
Council finds that:
(a) Good cause has been shown for amendment of the Redevelopment
Plan, and that the findings of the City Council in Ordinance Nos. 941443,
971310, 021283, 040457, 041218, 060903, 061320 and 080419 with respect to the
Redevelopment Plan are not affected by the Eighth Amendment and apply equally
to the Eighth Amendment;
(b) The Redevelopment Area, as amended, is an economic
development area, as a whole, and 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,
as amended;
(c) The areas selected as Redevelopment Projects include only
those parcels of real property and improvements which will be directly and
substantially benefited by the Redevelopment Project improvements;
(d) The Redevelopment Plan, as amended, and each Redevelopment
Project, conform to the comprehensive plan for the development of the City as a
whole;
(e) The estimated dates of completion of the respective
Redevelopment Projects and retirement of any obligations incurred to finance
Redevelopment Project Costs have been stated in the Redevelopment Plan, as
amended, and are not more than 23 years from the adoption of any ordinance
approving a Redevelopment Project within the Redevelopment Area, as
amended;
(f) A plan has been developed for relocation assistance for
businesses and residences;
(g) A cost-benefit analysis showing the impact of the Redevelopment
Plan, as amended, on each taxing district which is at least partially in the
boundaries of the Redevelopment Area, as amended, as been prepared in
accordance with the Act; and
(h) The Eighth Amendment does not include the initial development
or redevelopment of any gambling establishment.
(i) A blight study has been completed and the findings of such
study satisfy the requirements provided under subdivision (1) of Section
99.805, RSMo.
Section
4. That the following described area is hereby designated as an expansion to
the existing redevelopment area:
A tract of land in
Sections 2, 3 and 11, Township 51 North, Range 32 West and Sections 21, 22, 26,
27, 28, 33, 34, 35 and 36, Township 52 North, Range 32 West of the Fifth
Principal Meridian in Kansas City, Clay County, Missouri, being more
particularly described as follows: Beginning at the Northeast corner of the
Northeast Quarter of Section 2, Township 51 North, Range 32 West, thence South
004554 West, along the East line of said Northeast Quarter, 2671.92 feet to
the Northeast Corner of the Southeast Quarter of said Section 2; thence South
004010 West, along the East line of said Southeast Quarter 2620.99 feet to
the Northeast corner of Section 11, Township 51 North, Range 32 West; thence
South 002557 West, along the East line of said Northeast Quarter, 1329.43
feet to the Northeast corner of Wilshire Plaza Fourth Plat, a subdivision of
land in Kansas City, Clay County, Missouri; thence North 890622 West, along
the North line of said Wilshire Plaza Fourth Plat and Wilshire Plaza Fifth
Plat, a subdivision of land in said Kansas City, Missouri, 2591.56 feet to a
point on the West line of said Northeast Quarter; thence North 002645 East,
along said West line, 1319.00 feet to the Southeast corner of the Southwest
Quarter of said Section 2; thence North 892422 West, along the South line of
said Southwest Quarter, 2584.02 feet to the Southeast corner of the Southeast
Quarter of Section 3, Township 51 North, Range 32 West; thence North 880958
West, along the South line of said Southeast Quarter, 1304.64 feet to the
Southwest corner of the East One-Half of said Southeast Quarter; thence North
004214 East, along the West line of said East One-Half, 534.53 feet to a
point on the South line of Lot 299, Woodneath Farms The Links-Second Plat, a
subdivision of land in said Kansas City, Missouri; thence North 294757 West,
along the Westerly line of said Lot 299 and Lot 300, said Woodneath Farms The
Links-Second Plat, 128.27 feet to the Northwest corner of said Lot 300; thence
North 664424 East , along the North line of said Lot 300, 126.93 feet to the
Northeast corner of said Lot 300; thence Northerly, along the Easterly line of
Lots 301 and 302, said Woodneath Farms The Links-Second Plat., on a curve to
the right having an Initial Tangent Bearing of North 231536 West, a radius
of 455.00 feet, a central angle of 185524, an arc distance of 150.27 feet to
the Northeast corner of said Lot 302; thence South 853948 West, along the
North line of said Lot 302, 13.47 feet to a point on the West line of said East
One-Half; thence North 004214 East, along said West line, 1256.44 feet to a
point on the South line of Lot 257, Woodneath Farms The Links-First Plat, a
subdivision of land in said Kansas City, Missouri; thence North 805428 East,
along the South line of said Lot 257, 20.26 feet to the Southwest corner of Lot
258, said Woodneath Farms The Links-First Plat; thence North 141140 West,
along the West line of said Lot 258, 163.35 feet to the Northwest corner of
said Lot 258; thence North 353055 West, 53.88 feet to the said Southwest
Corner of Lot 239, said Woodneath Farms The Links-First Plat; thence Easterly,
along the South line of said Lot 239, on a curve to the left, having an Initial
Tangent Bearing of North 765725 East, a radius of 975.00 feet, a central
angle of 051838, an arc distance of 90.37 feet to the Southwest corner of
Lot 238, said Woodneath Farm The Links-First Plat; thence North 182113 West,
along the West line of said Lot 238, 228.65 feet to the Northwest corner
thereof; thence North 485143 East, along the North line of said Lot 238,
56.21 feet to a point on the West line of said East One-Half; thence North
004215 East, along said West line 20.00 feet to the Northwest corner of the
East One-Half of said Southeast Quarter; thence North 882638 West, along the
South line of the Northeast Quarter of said Section 3, 1295.79 feet to the
Southwest corner of said Northeast Quarter; thence North 000028 West, along
the West line of said Northeast Quarter, 2593.30 feet to the Northwest corner
of said Northeast Quarter; thence North 891834 West, along the South line of
the Southwest Quarter of Section 34, Township 52 North, Range 32 West, 2580.78
feet to the Southwest corner of said Southwest Quarter; thence North 005527
West, along the West line of said Northeast Quarter, 2638.31 feet to the
Southwest Corner of the Northwest Quarter of said Section 34; thence North
894954 West, 46.00 feet to the West Right-of-Way line of North Eastern
Avenue as now established; thence North 002534 East, along said West
Right-of-Way line, 408.30 feet; thence Northerly, along said West Right-of-Way
line, on a curve to the right, tangent to the last described course, having a
radius of 1146.00 feet, a central angle of 280429, an arc distance of 561.54
feet; thence North 283003 East, along said West Right-of-Way line, 211.54
feet; thence Northerly, along said West Right-of-Way line, on a curve to the
left, tangent to the last described course, having a radius of 934.00 feet, a
central angle of 460120, an arc distance of 750.23 feet; thence North
173117 West, along said West Right-of-Way line, 1804.40 feet; thence
Northerly, along said West Right-of-way line, on a curve to the right, tangent
to the last described course, having a radius of 1296.00 feet, a central angle
of 443046, an arc distance of 1006.86 feet; thence North 265929 East,
along said West Right-of-Way line, 214.39 feet; thence Northerly, along said
West Right-of-way line, on a curve to the left, tangent to the last described
course, having a radius of 854.00 feet, a central angle of 263427, an arc
distance of 396.09 feet; thence North 002502 East, along said West
Right-of-Way line, 20.78 feet; thence Northwesterly, along a curve to the left,
tangent to the last described course, having a radius of 25.00 feet, a central
angle of 890053, an arc distance of 38.84 feet; thence North 012521 West,
58.97 feet to a point on the South line of the Northeast Quarter of Section 28,
Township 52 North, Range 32 West; thence South 883439 East, along said South
line, 21.15 feet; thence North 002542 East along the West Right-of-Way line of
said North Eastern Avenue, 2654.98 feet; thence North 002611 East, along
said West Right-of-Way line 525.86 feet; thence North 025951 West, along
said West Right-of-Way line, 100.18 feet; thence North 002611 East, along
said Right-of-Way line, 84.61 feet; thence Northerly, along said West
Right-of-Way line, on a curve to the left, tangent to the last described
course, having a radius of 648.00 feet, a central angle of 200854, an arc
distance of 227.87 feet; thence North 194243 West, along said West
Right-of-Way line, 347.06 feet, thence Northerly, along said West Right-of-Way
line, on a curve to the right, tangent to the last described course, having a
radius of 552.00 feet, a central angle of 581317, an arc distance of 560.92
feet; thence North 383034 East, along said West Right-of-Way line, 124.10
feet to a point on the Westerly Right-of-Way line of Missouri Route 291, as now
established; thence North 104917 East, 90.35 feet to a point on the Easterly
Right-of-Way line of said Missouri Route 291; thence North 001759 East along
the West Right-of-Way line of said North Eastern Avenue, 652.19 feet to a point
on the South line of the Northeast Quarter of Section 21, Township 52 North,
Range 32 West, thence North 002408 East, along said West Right-of-Way line,
1212.76 feet; thence South 891949 East, 60.00 feet to a point on the East
Right-of-Way line of said North Eastern Avenue; thence South 002408 West,
along said East Right-of-Way line, 1212.43 feet to a point on the North line of
the Southwest Quarter of Section 22, Township 52 North, Range 32 West; thence
South 001759 West, along said East Right-of-Way line, 750.27 feet to the
centerline of said Missouri Route 291; thence South 512926 East, along said
centerline, 932.09 feet; thence Southeasterly, along said centerline, on a
curve to the left, tangent to the last described course, having a radius of
22,918.31 feet, a central angle of 012159, an arc distance of 546.50 feet;
thence South 525125 East, along said centerline, 4295.43 feet; thence
Southeasterly, along said centerline, on a curve to the right, tangent to the
last described course, having a radius of 5729.58 feet, a central angle of
295037, an arc distance of 2984.35 feet; thence South 230048 East, along
said centerline, 1654.25 feet; thence North 665912 East, departing said
centerline, 66.00 feet; thence South 771507 East, 341.34 feet; thence South
860840 East, 87.19 feet; thence South 885707 East, 131.06 feet; thence
North 655643 East, 60.00 feet; thence Northerly, along a curve to the right
having an Initial Tangent Bearing of North 240317 West, a radius of 270.00
feet, a central angle of 475126, an arc distance of 225.52 feet; thence
North 234809 East, 19.45 feet; thence South 661151 East, 75.36 feet;
thence North 822754 East, 294.59 feet; thence North 880443 East, 70.35
feet; thence South 864059 East, 217.62 feet; thence South 002753 West,
44.20 feet; thence Easterly, along a curve to the right, having an Initial
Tangent Bearing of North 793555 East, a radius of 740.00 feet, a central
angle of 105158, an arc distance of 140.34 feet; thence South 893207
East, 165.50 feet; thence South 002753 West, 80.00 feet; thence North
893207 West, 165.50 feet; thence Westerly, along a curve to the left,
tangent to the last described course, having a radius of 660.00 feet, a central
angle of 142601, an arc distance of 166.26 feet; thence South 002753
West, 297.43 feet; thence South 212759 East, 220.36 feet; thence South
665912 West, 236.07 feet; thence South 230048 East, 50.00 feet; thence
Southerly, along a curve to the left, having an Initial Tangent Bearing of
South 665912 West, a radius of 15.00 feet, a central angle of 895933, an
arc distance of 23.56 feet; thence South 665912 West, 60.00 feet; thence
South 230048 East, 238.05 feet; thence Southeasterly, along a curve to the
left, tangent to the last described course, having a radius of 330.00 feet, a
central angle of 051756, an arc distance of 30.52 feet; thence
Southwesterly, along a curve to the right, having a common tangent with the
last described course, having a radius of 15.00 feet, a central angle of
763532, an arc distance of 20.05 feet; thence South 481648 West, 631.95
feet; thence South 665912 West, 177.72 feet to a point on the centerline of
the aforementioned Missouri Route 291; thence South 230048 East, along said
centerline, 2006.69 feet; thence Southeasterly, along said centerline, on a
curve to the left, tangent to the last described course, having a radius of
1145.92 feet, a central angle of 201743, an arc distance of 405.91 feet;
thence North 144633 East, 281.76 feet; thence South 720327 East, 377.00
feet; thence South 144633 West, 410.97 feet to a point on the centerline of
said Missouri Route 291; thence Southeasterly, along said centerline, on a
curve to the left, having an Initial Tangent Bearing of South 634040 East, a
radius of 1145.92 feet, a central angle of 070112, an arc distance of 140.40
feet; thence South 704148 East, along said centerline, 1078.10 feet; thence
Southeasterly, along said centerline on a curve to the right, tangent to the
last described course, having a radius of 7639.44 feet, a central angle of 023733,
an arc distance of 350.12 feet to its intersection with the West line of the
Southwest Quarter of Section 36, Township 52 North, Range 32 West; thence North
005203 East, along said West line, 989.20 feet to the Southwest corner of
Tract G, Amber Lakes-First Plat, a subdivision of land in Kansas City, Clay
County, Missouri; thence South 744721 East, along the South line of said
Tract G, 421.27 feet to a point on the West Right-of-Way line of North Cedar
Avenue; thence South along said West Right-of-Way line, on a curve to the left;
having an Initial Tangent Bearing of South 051116 West, a radius of 805.00
feet, a central angle of 051417, an arc distance of 73.60 feet; thence South
000302 East along said West Right-of-Way line, 313.21 feet; thence South
853419 East, along the South line of Lots 1 thru 5 and its prolongation
West, Amber Meadows-First Plat, a subdivision of land in said Kansas City,
Missouri, 393.06 feet; thence North 895658 East, along the South line of
Lots 5, 6, 7 and 8, said Amber Meadows-First Plat, 250.00 feet to the Northwest
corner of Tract A, said Amber Meadows-First Plat; thence South 374653 East,
along the West line of said Tract A, and its prolongation South, 414.12 feet to
a point on the East Right-of-Way line of North Ash Avenue, as now established;
thence North 380933 East, along the East Right-of-Way line of said North Ash
Avenue, 46.88 feet; thence Northeasterly, along said Right-of-Way line, on a
curve to the right, tangent to the last described course, having a radius of
675.00 feet, a central angle of 131508, an arc distance of 156.12 feet to
the Northwest corner of Lot 14, said Amber Meadows-First Plat; thence South
374653 East, along the West line of said Lot 14, 178.82 feet to the Southwest
corner thereof; thence North 641523 East, along the South line of said Lot
14 and the South line of Lots 15 and 16, said Amber Meadows-First Plat, 218.42
feet; thence North 812601 East, along the South line of Lots 17 and 18, said
Amber Meadows-First Plat, 122.14 feet; thence South 891947 East, along the
South line of Tract C and Lots 19 thru 24, said Amber Meadows-First Plat,
500.53 feet; thence South 003325 West along the Kansas City, Missouri City
Limits line, 880.62 feet to a point on the Northerly Right-of-Way line of
Missouri Route A, as now established; thence Southwesterly, along said
Northerly Right-of-Way line, on a curve to the left, having an Initial Tangent
Bearing of South 680834 West, a radius of 636.62 feet, a central angle of
142234, an arc distance of 159.73 feet; thence South 534634 West, along
said Northerly Right-of-Way line, 224.74 feet to its intersection with the
North Right-of-Way line of said Missouri Route 291; thence North 652043
West, along said North Right-of-Way line, 540.07 feet; thence North 665613
West, along said North Right-of-Way line, 473.66 feet; thence South 260519
West, along said North Right-of-Way line 15.00 feet; thence North 635054
West, along said North Right-of-Way line, 562.04 feet; thence Northwesterly,
along said North Right-of-Way line, on a curve to the left, tangent to the last
described course, having a radius of 7699.44 feet, a central angle of
033906, an arc distance of 490.72 feet; thence South 594905 West, 125.49 feet
to the Intersection of the South Right-of-Way line of said Missouri Route 291
with the East line of the Southeast Quarter of Section 35, Township 52 North,
Range 32 West; thence South 005203 West, along said East line 785.10 feet to
the Southeast corner of said Southeast Quarter; thence North 892541 West,
along the South line of said Southeast Quarter, 172.15 feet to the Point of
Beginning. Containing 120,687,335 square feet on 2,770.60 acres, more or
less. Subject to all easements and restrictions of record.
(Note: Bearings
shown hereon are based on the Missouri State Plan Grid System, NAD 1983, West
Zone.)
Except all that part
of Section 2 and 11, Township 51 North, Range 32 West and the Southwest and
Southeast Quarters of Section 35, Township 52 North , Range 32 West, Kansas
City, Clay County, Missouri, being described as follows: Beginning at the
Northeast corner of the Northeast Quarter of said Section 2; thence South
004554 West, along the East line of said Northeast Quarter, 2671.92 feet to
the Northeast corner of the Southeast Quarter of said Section 2; thence South
004010 West, along the East line of said Southeast Quarter 820.42 feet;
thence South 661300 West, 380.36 feet; thence South 303017 West, 123.26
feet; thence South 104705 West, 151.12 feet; thence South 123856 West,
242.05 feet; thence South 500940 West, 508.23 feet; thence South 604838
West, 684.29 feet; thence South 273900 West, 473.91 feet; thence South
845355 West, 124.34 feet; thence South 210704 West, 224.83 feet; thence
South 444803 West, 60.00 feet; thence North 492203 West, 57.39 feet;
thence Northerly, along a curve to the left, tangent to the last described
course having a radius of 370.00 feet, a central angle of 141140, an arc
distance of 91.66 feet; thence South 355113 West, 66.79 feet; thence South
500811 West, 326.81 feet; thence South 444511 West, 426.64 feet to a
point on the West line of the Northeast Quarter of Section 11, Township 51
North, Range 32 West; thence North 002645 East, along said West line, 679.15
feet to the Southwest corner of the Southeast Quarter of said Section 2; thence
North 002654 East, along the West line of said Southeast Quarter, 2611.04
feet to the Southwest Corner of the Northeast Quarter of said Section 2; thence
North 002701 East, along the West line of said Northeast Quarter, 1331.52
feet; thence Northerly, along the centerline of Northeast Flintlock Road, as
now established, on a curve to the left, tangent to the last described course,
having a radius of 1950.00 feet, a central angle of 103244, an arc distance
of 358.91 feet; thence North 100541 West, along said centerline, 1063.09
feet to its intersection with the centerline of Northeast 96th
Street, as now established; thence Northeasterly, along the centerline of
Northeast Flintlock Road, on a curve to the left, having an Initial Tangent
Bearing of North 795421 East, a radius of 1700.00 feet, a central angle of
492626, an arc distance of 1466.93 feet; thence North 302755 East, along
said centerline, 589.63 feet to its intersection with the centerline of
Missouri Route 291 as now established; thence South 634036 East along said
centerline, 96.84 feet; thence Southeasterly along said centerline, along a
curve to the left, along said centerline tangent to the last described curse,
having a radius of 1145.92 feet, a central angle of 070112, an arc distance
of 140.40 feet; thence South 704148 East, along said centerline, 1078.10
feet; thence Southeasterly, along said centerline, on a curve to the right,
tangent to the last described course, having a radius of 7639.44 feet, a
central angle of 023733, an arc distance of 350.12 feet, to its intersection
with the East line of the Southeast Quarter of said Section 35; thence South
005203 West, along said East line, 828.40 feet to the Southeast corner of
said Southeast Quarter; thence North 892541 West, along the South line of
said Southeast Quarter, 172.15 feet to the Point of Beginning. Containing
345.82 acres, more or less.
Also, except all
that part of Section 2 and Section 3, Township 51 North, Range 32 West, Kansas
City, Clay County, Missouri, being described as follows: Beginning at the
Southeast corner of the Southeast Quarter of said Section 3; thence North
880958 West, along the South line of the Southeast Quarter of said Section
3, 1304.64 feet to the Southwest corner of the East One-Half of said Southeast
Quarter; thence North 004214 East, along the West line of said East One-Half
of said Southeast Quarter, 534.53 feet to a point on the South line of Lot 299,
Woodneath Farms, The Links-Second Plat, a subdivision of land in said Kansas
City, Missouri; thence North 294757 West, along the Westerly line of said
Lot 299 and Lot 300, said Woodneath Farms, The Links-Second Plat, 178.27 feet
to the Northwest Corner of said Lot 300; thence North 664424 East, along the
North line of said Lot 300, 126.93 feet to the Northeast corner of said Lot
300; thence Northerly, along the Easterly line of Lots 301 and 302, said
Woodneath Farms, The Links-Second Plat, on a curve to the right, having an
Initial Tangent Bearing of North 231536 West, a radius of 455.00 feet, a
central angle of 185524, an arc distance of 150.27 feet to the Northeast
corner of said Lot 302; thence South 853948 West, along the North line of
said Lot 302, 13.47 feet to a point on the West line of said East One-Half;
thence North 004214 East, along said West line, 1256.44 feet to a point on
the South line of Lot 257, Woodneath Farms, The Links-First Plat; a subdivision
of land in said Kansas City, Missouri, thence North 805428 East, along the
South line of said Lot 257, 20.26 feet to the Southwest corner of Lot 258, said
Woodneath Farms, The Links-First Plat; thence North 141140 West, along the
West line of said Lot 258, 163.35 feet to the Northwest corner of said Lot 258;
thence North 353055 West, 53.88 feet to the Southwest Corner of Lot 239,
said Woodneath Farms, The Links-First Plat; thence Easterly, along the
Southerly line of said Lot 239, on a curve to the left, having an Initial
Tangent Bearing of North 765725 East, a radius of 975.00 feet, a central
angle of 051838, an arc distance of 90.37 feet to the Southwest corner of
Lot 238, said Woodneath Farms, The Links-First Plat; thence North 182113
West, along the West line of said Lot 238, 228.65 feet to the Northwest corner
thereof; thence North 485143 East, along the North line of said Lot 238,
56.21 feet to a point on the West line of said East One-Half; thence North
004215 East, along said West line, 20.00 feet to the Northwest corner of the
East One-Half of said Southeast Quarter; thence South 882428 East, along the
North line of said Southeast Quarter, 1295.81 feet to the Southwest corner of
the Northwest Quarter of said Section 2; thence North 002458 East, along the
West line of said Northwest Quarter, 2675.10 feet to the Northwest corner of
said Northwest Quarter; thence South 893742 East, along the North line of
said Southeast Quarter, 111.62 feet to the Southwest corner of Section 35,
Township 52 North, Range 32 West; thence North 003154 East, along the West
line of said Southwest Quarter, 408.26 feet to its intersection with the
centerline of Northeast 96th Street, as now established; thence
Easterly, along said centerline, on a curve to the right, having an Initial
Tangent Bearing of North 850911 East, a radius of 1282.00 feet, a central
angle of 203333, an arc distance of 460.02 feet; thence South 741716 East,
along said centerline, 1066.21 feet; thence Easterly, along said centerline, on
a curve to the left, tangent to the last described course, a radius of 1700.00
feet, a central angel of 254823, an arc distance of 765.69 feet to its
intersection with the centerline of Northeast Flintlock Road, as now
established; thence South 100541 East, along the centerline of said
Northeast Flintlock Road, 1063.09 feet; thence Southerly, along said
centerline, on a curve to the right, tangent to the last described course,
having a radius of 1950.00 feet, a central angle of 103244, an arc distance
of 358.91 feet to its intersection with the East line of the Northwest Quarter
of said Section 2; thence South 002701 West, along said East line, 1331.52
feet to the Southeast corner of said Northwest Quarter; thence South 002654
West, along the East line of the Southwest Quarter of said Section 2, 1551.04
feet; thence North 892422 West, 1049.33 feet; thence South 002654 West,
185.00 feet; thence North 892422 West, 419.21 feet; thence South 002654
West, 875.00 feet to its intersection with the South line of said Southwest
Quarter; thence North 892422 West, along said South line, 1115.47 feet to
the Point of Beginning. Containing 364.54 acres, more or less.
Also, except all
that part of Section 35, Township 52 North, Range 32 West, being described as
follows: Beginning at the Northwest corner of the Northwest Quarter of said
Section 35; thence South 893300 East, along the North line of said Northwest
Quarter, 1778.56 feet to its intersection with the centerline of Missouri Route
291, as now established; thence South 230048 East, along said centerline,
593.71 feet; thence Southwesterly, along said centerline, 3647.90 feet; thence
Southeasterly, along said centerline, on a curve to the left, tangent to the
last described course, having a radius of 1145.92 feet, a central angle of
354951, an arc distance of 716.62 feet to its intersection with the
centerline of Northeast Flintlock Road, as now established; thence South
302755 West, along said centerline, 593.71 feet; thence Southwesterly, along
said centerline, on a curve to the right, tangent to the last described course,
having a radius of 1700.00 feet, a central angle of 751450, an arc distance
of 2232.63 feet; thence North 741716 West, along the centerline of Northeast
96th Street, as now established, 1066.21 feet; thence Westerly,
along said centerline, on a curve to the left, tangent to the last described
course, having a radius of 1282.00 feet, a central angle of 203343, an arc
distance of 460.07 feet to its intersection with the West line of the Southwest
Quarter of said Section 35; thence North 003126 East, along said West line,
2225.93 feet to the Southwest corner of the Northwest Quarter of said Section
35; thence North 002826 East, along the West line of said Northwest Quarter,
2632.69 feet to the Point of Beginning. Containing 325.07 acres more or less.
Also, except all
that part of Section 33 and 34, Township 52 North, Range 32 West, being
described as follows: Beginning at the Northwest corner of the Northeast
Quarter of said Section 34; thence South 893255 East, along the North line
of said Northeast Quarter, 2660.63 feet to the Northeast corner of said Northeast
Quarter; thence South 002826 West, along the East line of said Northeast
Quarter, 2632.69 feet to the Northeast corner of the Southeast Quarter of said
Section 34; thence South 003126 West, along the East line of said Southeast
Quarter, 2225.93 feet to its intersection with the centerline of Northeast 96th
Street, as now established; thence Southwesterly, along said centerline, on a
curve to the left, having an Initial Tangent Bearing of South 850901 West, a
radius of 1282.00 feet, a central angle of 210316, an arc distance of 471.10
feet; thence Southwesterly, on a curve to the right, having a common tangent
with the last described course, a radius of 1282.00 feet, a central angle of
235531, an arc distance of 535.33 feet; thence North 015245 East, along
the East line of Benson Place Commons-First Plat, a subdivision of land in said
Kansas City, Missouri and its prolongation South, 90.16 feet; thence North
210542 East, along said East line, 328.62 feet to the Northeast corner
thereof; thence North 574750 West, along the North line of said Benson Place
Commons-First Plat, 96.06 feet; thence North 652934 West, along said North
line of said Benson Place Commons-First Plat, 634.07 feet to the Southeast
corner of Lot 4, Benson Place-First Plat, a subdivision of land in said Kansas
City, Missouri; thence South 874737 West, along the South line of said
Benson Place-First Plat, 108.86 feet; thence South 750042 West, along said
South line and the South line of Benson Place-Second Plat, a subdivision of
land in said Kansas City, Missouri, 569.40 feet; thence South 890725 West,
along said South line, 140.25 feet; thence North 765328 West, along said
South line, 361.38 feet; thence South 721231 West, along said South line and
its prolongation West, 137.49 feet to a point on the West Right-of-Way line of
North Tullis Drive, as now established; thence South 153732 East, along said
West Right-of-Way line, 40.26 feet; thence Southerly, along said West
Right-of-Way line, on a curve to the right, tangent to the last described
course, having a radius of 488.00 feet, a central angle of 183722, an arc
distance of 158.61 feet; thence South 025950 West, along said West
Right-of-Way line, 58.36 feet; thence South along said West Right-of-Way line,
on a curve to the left tangent to the last described course, having a radius of
512.00 feet, a central angle of 030321, an arc distance of 27.31 feet;
thence South 000331 East, along said West Right-of-Way line and its
prolongation South 280.53 feet to its intersection with the centerline of said
Northeast 96th Street; thence North 885531 West, along said
centerline, 766.20 feet; thence Westerly, along said centerline, on a curve to
the left, tangent to the last described course, having a radius of 2864.79
feet, a central angle of 063003, an arc distance of 325.04 feet to its
intersection with the West line of the East One-Half of the Southwest Quarter
of said Section 34; thence North 004659 East, along said East line, 2518.74 feet
to the Northwest corner of said East One-Half; thence North 891745 West,
along the South line of the Northwest Quarter of said Section 34, 1319.26 feet
to the Southwest corner of said Northwest Quarter; thence North 894954 West,
along the South line of the Northeast Quarter of said Section 33, 46.00 feet to
the West Right-of-Way line of North Eastern Avenue, as now established; thence
North 002534 East, along said West line, 408.30 feet; thence Northerly,
along said West Right-of-Way line, on a curve to the right, tangent to the last
described course, having a radius of 1146.00 feet, a central angle of
280429, an arc distance of 561.54 feet; thence North 283003 East, along
said West Right-of-way line, 211.54 feet; thence Northerly, along said West
Right-of-Way line, on a curve to the left, tangent to the last described
course, having a radius of 934.00 feet, a central angle of 460120, an arc
distance of 750.23 feet; thence North 173117 West, along said West
Right-of-Way line, 785.72 feet to its intersection with the North line of the
Northwest Quarter of said Section 34; thence South 893000 East, along said
North line 2615.04 feet to the Point of Beginning. Containing 509.21 acres,
more or less.
Also, except all
that part of Sections 26, 27 and 28, all in Township 52 North, Range 32 West,
Kansas City, Clay County, Missouri, being described as follows: Beginning at
the Southeast corner of the Southeast Quarter of Section 27, Township 52 North,
Range 32 West; thence North 893255 West, along the South line of said
Southeast Quarter, 2660.94 feet to the Southeast corner of the Southwest
Quarter of said Section 27; thence North 893000 West, along the South line
of said Southwest Quarter, 2615.04 feet to the West Right-of-Way line of North
Eastern Avenue, as now established; thence North 173117 West, along said
West Right-of-Way line, 1018.68 feet; thence Northerly, along said West
Right-of-Way line, on a curve to the right, tangent to the last described
course, having a radius of 1296.00 feet, a central angle of 443046, an arc
distance of 1006.86 feet; thence North 265929 East, along said West
Right-of-Way line, 214.39 feet; thence Northerly, along said West Right-of-Way
line on a curve to the left, tangent to the last described course, having a
radius of 854.00 feet, a central angle of 263427, an arc distance of 396.09
feet; thence North 002502 East, along said West Right-of-Way line, 20.78
feet; thence Northwesterly, along said Westerly Right-of-Way line, on a curve
to the left, tangent to the last described course, having a radius of 25.00
feet, a central angle of 890053, an arc distance of 38.84 feet; thence North
012521 East, 58.97 feet to a point on the North line of the Southeast
Quarter of said Section 28; thence South 883439 East, along said North line,
67.15 feet to the Northwest corner of the Southwest Quarter of said Section 27,
thence South 893045 East along the North line of said Southwest Quarter;
2632.68 feet to the Northwest corner of the Southeast Quarter of said Section
27; thence South 893045 East, along the North line of said Southeast Quarter
2640.21 feet to the Northwest corner of the Southwest Quarter of said Section
26; thence South 893549 East, along the North line of said Southwest
Quarter, 453.20 feet to its intersection with the centerline of Missouri Route
291, as now established; thence Southeasterly, along said centerline, on a
curve to the right, having an Initial Tangent Bearing of South 373446 East,
a radius of 5729.58 feet, a central angle of 143358, an arc distance of
1456.60 feet; thence South 230048 East, along said centerline, 1500.26 feet
to its intersection with the South line of said Southwest Quarter; thence North
893300 West, along said South line, 1778.52 feet to the Point of Beginning.
Containing 401.94 acres, more or less.
Also except, all
that part of Section 21, 22, 27 and 28, all in Township 52 North, Range 32
West, Kansas City, Clay County, Missouri, being described as follows:
Beginning at the Southeast corner of the Northwest Quarter of said Section 27;
thence North 893045 West, along the South line of said Northwest Quarter,
2632.68 feet to the Southwest corner of said Northwest Quarter; thence North 883439
West, along the South line of the Northeast Quarter of said Section 28, 46.01
feet to a point on the West Right-of-Way line of North Eastern Avenue, as now
established; thence North 002542 East, along said West Right-of-Way line,
2654.98 feet to a point on the South line of the Southeast Quarter of said
Section 21; thence North 002611 East, along said West Right-of-Way line,
458.65 feet; thence North 580407 East, along the North line of Auburn Patio
Homes, a subdivision of land in said Kansas City, Missouri, and its
prolongation Southwest, 301.03 feet; thence South 894318 East, along said
North line, 222.86 feet; thence North 240104 East, along said North line,
212.15 feet; thence North 580407 East, along said North line and its prolongation
Northeast, 569.80 feet to its intersection with the centerline of Missouri
Route 291, as now established; thence Southeasterly, along said centerline, on
a curve to the left, having an Initial Tangent Bearing of South 521433 East,
a radius of 22918.31 feet, a central angle of 003652, an arc distance of
245.74 feet; thence South 525125 East, along said centerline, 4295.43 feet;
thence Southeasterly, along said centerline, on a curve to the right, tangent
to the last described course, having a radius of 5729.58 feet; a central angle
of 005905, an arc distance of 98.46 feet; thence South 435915 West, along
the East line of Brooke Ridge First Plat, a subdivision of land in said Kansas
City, Missouri and its prolongation Northeast, 501.39 feet; thence South
335915 West, along said East line, 380.00 feet; thence South 115915 West,
along said East line, 280.00 feet; thence South 002915 West, 50.00 feet to a
point on the South line of the Northeast Quarter of said Section 27; thence
North 893045 West, along said South line, 1470.93 feet to the Point of
Beginning. Containing 276.97 acres, more or less.
Section 5. The
Commission is hereby authorized to issue obligations in one or more series
secured by the Shoal Creek Account of the Special Allocation Fund to finance
Redevelopment Project Costs within the Redevelopment Area, as amended, 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, as amended, 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, as amended, the Council
approves the pledge of all funds generated from Redevelopment Projects that are
deposited into the Shoal Creek Account of the Special Allocation Fund to the
payment of Redevelopment Project Costs within the Redevelopment Area, as
amended, and authorizes the Commission to pledge such funds on its behalf.
____________________________________________________
Approved as to form and legality:
__________________________________
Heather A. Brown
Assistant City Attorney