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Legislation #: 160636 Introduction Date: 8/18/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Declaring certain City-owned real property generally located within the southwestern portion of 1901 American Royal Drive, lying to the north of the confluence of State Line Road and American Royal Drive, surplus to the City’s needs and no longer needed for public use; authorizing the Director of General Services to execute the necessary documents or agreement to sell the property to Livestock Exchange LLC, consistent with the Lease Agreement between the City and Livestock Exchange LLC dated June 1, 2012; and to amend such Lease for the remaining property.

Legislation History
DateMinutesDescription
8/17/2016 Filed by the Clerk's office
8/18/2016 Referred to Finance and Governance Committee
8/24/2016 Advance and Do Pass, Debate
8/25/2016 Passed

View Attachments
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160636.pdf Authenticated 203K Authenticated
160636 Fact Sheet.pdf Fact Sheet 68K 160636 Fact Sheet

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ORDINANCE NO. 160636

 

Declaring certain City-owned real property generally located within the southwestern portion of 1901 American Royal Drive, lying to the north of the confluence of State Line Road and American Royal Drive, surplus to the City’s needs and no longer needed for public use; authorizing the Director of General Services to execute the necessary documents or agreement to sell the property to Livestock Exchange LLC, consistent with the Lease Agreement between the City and Livestock Exchange LLC dated June 1, 2012; and to amend such Lease for the remaining property.

 

WHEREAS, the City owns rights in certain real property generally described as 1901 American Royal Drive (currently being Jackson County Tax Parcel No. 29-330-16-22-00-0-00-000); and

 

WHEREAS, pursuant to Ordinance No. 120508, the City entered into a Lease with Livestock Exchange, LLC (“Tenant”), with an effective date of June 1, 2012, which granted Tenant the right to occupy and use a southwestern portion of 1901 American Royal Drive, consisting of Proposed Tract 1 and Proposed Tract 2 of the Boundary Survey of Lot 3, Butler World Headquarters, initially issued March 24, 2011 (such Proposed Tracts 1 and 2 collectively referred to as the “Parcel”), described below, for a period of ninety-nine (99) years (the “2012 Lease”); and

 

WHEREAS, the 2012 Lease also granted Tenant an option to purchase the Parcel, contingent upon the Tenant’s removal of a cooling tower situated on the Parcel at Tenant’s expense; and

 

WHEREAS, Tenant has removed the cooling tower and seeks to exercise the option to purchase for the portion described as Proposed Tract 2 but not all of the currently leased property, and retain its leasehold interest and option to purchase the remainder of the leased property being Proposed Tract 1; and

WHEREAS, the Department of General Services deems the Parcel, as comprised of Proposed Tracts 1 and 2, to be surplus and no longer needed for public use but it is subject to the right to purchase held by the Tenant; and

 

WHEREAS certain recorded easements affecting the real property, but benefitting the City, shall remain in effect and any conveyance out of the City shall be specifically subject to existing recorded easements and encumbrances, and dedicated right of way for public streets, which shall be retained by the City, and the City shall reserve to itself an easement for any municipal utilities in place as to be more fully set forth in the special warranty deed to be executed as a part of the subsequent transfer of the real property described herein; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council hereby declares the entire leasehold area as described as Proposed Tract 1 and Proposed Tract 2 of the Boundary Survey of Lot 3, Butler World Headquarters, initially issued March 24, 2011 to be surplus and no longer needed for public use, but subject to the option to purchase held by the Tenant. The Council further recognizes that Livestock Exchange, LLC has a contractual right to purchase Proposed Tract 2 (and in the future the right to purchase the remainder of the leasehold property being Proposed Tract 1) the consideration of which was the removal of the cooling tower. The Council declares that because of the Parcel’s irregular shape and unusual location, and the City’s contractual obligations set out in the 2012 Lease approved by Ordinance No. 120508, the Council determines that Livestock Exchange, LLC is the only potential buyer of the Proposed Tract 2 of Parcel and the remainder of the property covered by the leasehold interest and its demolition and removal of the cooling tower at its expense was adequate and valuable consideration for its purchase of the Proposed Tract 2 of the Parcel (and the remaining portion of the Parcel at some point in the future during the leasehold term) and, therefore, the requirements of Section 1210(b)(2) of the City Charter have been met.

 

Section 2. That the Director of General Services Department is hereby authorized to transfer to Livestock Exchange, LLC the City’s rights in the Proposed Tract 2 of the Parcel, as described below, subject to existing recorded easements and encumbrances and dedications of right of way for public streets, and a reservation of existing municipal utilities which shall be retained by the City. The legal description of the Proposed Tract 2 of the Parcel is:

 

A Tract of land being part of Lot 3, Butler World Headquarters, a subdivision of land in Kansas City, Jackson County, Missouri, more particularly described as follows:

 

(Note: For course orientation the bearings in this description are based on the South portion of the West line of said Lot 3 having a bearing of N 00° 17’ 16” E as shown on the plat of said subdivision)

 

Beginning at the southern-most corner of Lot 2, said Butler World Headquarters, monumented by a 5/8 inch diameter reinforcing rod with a cap marked MO CLS 2006009875-F, said corner also lying on the Northerly right-of-way line of American Royal Drive established by the plat of said Butler World Headquarters; thence South 79 degrees 41 minutes 38 second West, 0.47 feet on the Southerly line of said Lot 3, also being said Northerly right-of-way line, to a 5/8 inch diameter reinforcing rod with a cap marked MO CLS 2006009875-F, set at the beginning of a tangent curve to the left, being concave to the Southeast and having a radius of 377.03 feet; thence Southwesterly an arc length of 45.40 feet on said Southerly line and curve, said curve having a chord bearing of South 76 degrees 14 minutes 38 seconds West, a chord distance of 45.38 feet and an interior angle of 06 degrees 54 minutes 00 seconds to a 5/8 inch diameter reinforcing rod with a cap marked MO CLS 2006009875-F set immediately adjacent to the East face of a retaining wall at its intersection with said Southerly line; thence North 02 degrees 01 minutes 23 seconds East 52.82 feet along said East face of wall, and along the East edge of a concrete sidewalk to a crows foot cut set in concrete on the Easterly line of said Lot 3; thence South 87 degrees 26 minutes 22 seconds East 44.50 feet on said Easterly line to a 5/8 inch diameter reinforcing rod with a cap marked MO CLS 2006009875-F set at a point of intersection in said Easterly line; thence South 02 degrees 33 minutes 38 seconds West, 39.97 feet continuing on said Easterly line to the Point of beginning, said Tract containing 2,033 square feet or 0.0467 acres.

 

Section 3. That the Director of General Services is hereby authorized to execute any real estate or other documents needed to effectuate the transfer the Proposed Tract 2 of the Parcel described above to the Livestock Exchange, LLC, and to amend the Lease with such Tenant for the remaining portion of the leased property, acknowledging the survival of the option to purchase thereon on Proposed Tract 1 for the remainder of the lease term.

 

Section 4. That the Director of General Services is hereby authorized to execute any real estate or other documents needed to effectuate the transfer the Proposed Tract 1 of the Parcel described in the Boundary Survey of Lot 3, Butler World Headquarters, initially issued March 24, 2011 prepared by BHC Rhodes Civil Engineers to the Livestock Exchange, LLC during any time of the remainder of the lease term, with such variations in the legal description for such Proposed Tract 1 that adequately protects the City’s interest in water line easement recorded October 9, 2001, as Document No. 2001K 0057492, and the necessary setbacks from the existing parking garage on the remaining portion of Lot 3 of Butler World Headquarters.

 

______________________________________________

 

Approved as to form and legality:

 

 

___________________________

Amelia McIntyre

Assistant City Attorney