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Legislation #: 170041 Introduction Date: 1/19/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HALL
Title: Authorizing the Director of General Services to execute a Real Estate Donation and Acceptance Agreement to acquire a 7. 3 acre tract of unimproved real property, located west of NE Sherman Road and north of NE Cookingham Road for public purposes.

Legislation History
DateMinutesDescription
1/19/2017 Filed by the Clerk's office
1/19/2017 Referred to Neighborhoods and Public Safety Committee
1/25/2017 Advance and Do Pass, Debate
1/26/2017 Passed

View Attachments
FileTypeSizeDescription
170041.pdf Authenticated 128K Authenticated
Exhibit A.pdf Exhibit 1321K Exhibit A
170041 fact sheet.pdf Fact Sheet 139K Fact Sheet

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ORDINANCE NO. 170041

Authorizing the Director of General Services to execute a Real Estate Donation and Acceptance Agreement to acquire a 7. 3 acre tract of unimproved real property, located west of NE Sherman Road and north of NE Cookingham Road for public purposes.

WHEREAS, the negotiations have substantially concluded, and authorization to enter into and implement the Real Estate Donation and Acceptance Agreement with Timothy D. Harris, LLC, a Missouri Limited Liability Company (the “Donor”) is being sought, along with the authority to accept the donation of the property as described below, when the terms and conditions set forth in the Donation Agreement have been satisfied; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 Section 1. That the Director of General Services is hereby authorized to enter into Real Estate Donation and Acceptance Agreement (“Donation Agreement”) substantially in the form of Exhibit A attached hereto, with the final signed form to be maintained on file with the Director of General Services, and such signed form will be controlling and supersede, if necessary, the form of Donation Agreement included with this Ordinance as Exhibit A, and with the express authorization given to such Director to modify, amend, and extend the terms and conditions of such Donation Agreement as deemed appropriate by the Director due to circumstances determined to exist pursuant to due diligence for the donation of real property located in the area West of NE Sherman Road, and North of NE Cookingham Road (sometimes also known as 291 Highway) and more specifically described as:

All that part of the Northwest Quarter of Section 21, Township 52 North, Range 32 West, Clay County, Missouri, described as follows: commencing at the Southeast corner of said Northwest Quarter; thence North 00 degrees 03 minutes 43 seconds East, along the East line of said Northwest Quarter, 48.67 feet, to the northerly right-of-way line of N.E. Cookingham Drive; thence North 89 degrees 12 minutes 26 seconds West, along said northerly right-of-way line, 619.03 feet, to the point of beginning; thence North 89 degrees 12 minutes 26 seconds West, continuing along said right-of-way line, 518.06 feet; thence North 00 degrees 47 minutes 34 seconds East, continuing along said right-of-way line, 85.99 feet; thence North 89 degrees 12 minutes 26 seconds West, continuing along said right-of-way line, 92.65 feet, to a line that is 85 poles East of the West line of said section; thence North 00 degrees 10 minutes 02 seconds East, along last said line, 444.35 feet; thence South 89 degrees 49 minutes 58 seconds East, 611.36 feet; thence South 00 degrees 20 minutes 27 seconds West, 537.01 feet, to the point of beginning, containing 317,908 square feet or 7.30 acres more or less (the “Donation Property”).

Section 2. That the Director of General Services is hereby authorized to utilize funds necessary for the completion of the donation in the amount not to exceed $50,000.00, for the survey and title work, plus any closing costs, from funds previously appropriated to Account No. 17-3090-071710-611200, with a separate and subsequent appropriation contemplated for the design and engineering of infrastructure to support the future public use of the Donation Property, and ultimately the construction of a structure the proposed use of which is a fire station.

Section 3. That the Director of Public Works is hereby authorized to cause the preparation and completion of all land use applications, and closing documentation contemplated by and to implement such Donation Agreement for the benefit of the City, provided, however, the City Manager shall execute the acceptance of the Special Warranty Deed of the Donation Property.

_____________________________________________

 

  I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

  

 

______________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

______________________________

Amelia J. McIntyre

Assistant City Attorney