RESOLUTION NO. 070181

Approving real property tax abatement for improvements on real property located at 8845 Prospect, Kansas City, Missouri, within Enhanced Enterprise Zone 2, and directing the City Clerk to provide a copy of this Resolution to the Director of the Missouri Department of Economic Development.

WHEREAS, Section 135.963, RSMo, authorizes upon governing body approval up to twenty-five years of tax abatement from the date of zone designation for improvements made to real property made within an Enhanced Enterprise Zone after the date of designation; and  

WHEREAS, on August 25, 2005, by Resolution No. 051067, the City Council designated pursuant to Section 135.960, RSMo an enhanced enterprise zone program area known as Enhanced Enterprise Zone 2; and

WHERAS, on August 25, 2005, by Resolution No. 051067, the City Council directed that improvements to real property within the Enhanced Enterprise Zone 2 shall be exempt from assessment and payment of at least 50% of the ad valorem taxes on such improvements for a period of ten years, and shall be eligible for abatement of ad valorem taxes for rates and periods exceeding the 50% for 10 year abatement by passage of an ordinance or resolution by the City Council authorizing the abatement and establishing the terms of such abatement; and

WHEREAS, on November 22, 2005, by Ordinance No. 051412, the City Council identified the types of business by NAICS sector names which would qualify for state and local incentives within the Enhanced Enterprise Zone 2, including inter alia, manufacturing businesses within NAICS sectors 31-33; and

WHEREAS, Labconco Corporation, a laboratory equipment manufacturing business with a NIACS code of 3391118, Laboratory Apparatus and Furniture Manufacturing, contemplating the expansion of its Kansas City facilities, has requested tax abatement for certain improvements to real property located within Enhanced Enterprise Zone 2 at 8845 Prospect, for use as a manufacturing and distribution center (the Project); and  

WHEREAS, Labconco Corporations application complies with the requirements of Section 135.963, RSMo, and Ordinance No. 050845 (the City Enhanced Enterprise Zone Ordinance); and

WHEREAS, pursuant to Section 135.963.3, RSMo, the requisite public notices were timely and properly mailed and published, and the requisite public hearing was timely and properly held; NOW, THEREFORE, 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:  

Section 1. Pursuant to Section 135.963, RSMo, the City Council hereby approves the application for tax abatement by Labconco Corporation for improvements made after the date of Enhanced Enterprise Zone 2 designation to the real property located in the Enhanced Enterprise Zone 2 at 8845 Prospect, Kansas City, Missouri, such property legally described as follows:

All of Lot 1, AXTELL-MOLINARO INDUSTRIAL DISTRICT, a subdivision of land in Kansas City, Jackson County, Missouri, and a portion of Lot 1, BLUE RIVER HEIGHTS, a subdivision of land in Kansas City, Jackson County, Missouri, said parcels being located in the Southwest Quarter of Section 22, Township 48 North, Range 33 West of the Fifth Principal Meridian, in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows:

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983, West Zone).

Commencing at the Southwest corner of the Northwest Quarter of the Southwest Quarter of said Section 22; thence South 870405 East 244.97 feet, along the South line of the Northwest Quarter of the Southwest Quarter of said Section 22, to the Southwest corner of Lot 1, Axtell-Molinaro Industrial District, said point being the true point of beginning of the tract herein described; thence North 72755 East 1.93 feet, along the West line of said Lot 1 and the East right-of-way line of Prospect Avenue, as now established, to the beginning of a curve concave to the East having a radius of 679.01 feet; thence Northerly 197.87 feet along said East right-of-way line and curve to the right having a chord bearing North 154954 East 197.17 feet, to the Northwest corner of said Lot 1, Axtell-Molinaro Industrial District; thence South 872548 East 391.60 feet, along the North line of said Lot 1, to the Northeast corner of said Lot 1; thence South 131140 West 200.00 feet, along the East line of said Lot 1, to the Southeast corner of said Lot 1 and a point on the North line of said Lot 1 , Blue River Heights; thence South 870405 East 0.12 feet, along said North line, to a point on the Northwesterly line of a permanent right-of-way easement to the City of Kansas City, Missouri, as recorded in Doc. No. 2005K0049702; South 444407 West 211.00 feet along said Northwesterly line; thence South 500922 West 60.91 feet along said Northwesterly line; thence South 610537 West 136.33 feet, along said Northwesterly line, to a point on the Northeasterly line of said permanent right-of-way easement granted to the City of Kansas City, Missouri; thence North 211407 West 142.65 feet along said Northeasterly line; thence North 570234 West 33.51 feet, along said Northeasterly line, to a point on the Northerly line of said permanent right-of-way easement granted to the City of Kansas City, Missouri; thence South 832741 West 15.94 feet, along said Northerly line, to a point on the Easterly right-of-way line of said Prospect Avenue, said point also being on a non-tangent curve concave to the East having a radius of 779.00 feet; thence Northerly 86.32 feet, along said Easterly right-of-way line and said curve to the right having a chord bearing North 031519 East 86.28 feet, to a point on the South right-of-way line of 89^th Street, as now established; thence South 870405 East 19.19 feet along said South right-of-way line, to a point on the West line of the North 40 feet of the East 210 feet of the West 470 feet of said Lot 1; thence North 020342 East 40.00 feet, along said West line, to a point on the North line of said Lot 1; thence North 870405 West 15.03 feet, along said North line, to the true point of beginning of the parcel herein described, containing 141,604 square feet or 3.2508 acres, more or less. Subject to all easements and restrictions of record.

Section 2. The tax abatement granted herein shall be 100% of the value of the improvements on the Property for a period of 10 calendar years beginning in 2007, and 50% of the value of the improvements on the Property for the immediately following 13 calendar years, provided, however, that pursuant to Section 135.963.5, RSMo, this abatement shall terminate no later than 25 years from August 19, 2005, the date the Enhanced Enterprise Zone 2 was designated by the Missouri Department of Economic Development. Further, the abatement granted herein shall apply to all ad valorem taxes, imposed by all political subdivisions with the power to tax, on improvements made on the Property after August 19, 2005, subject to continued compliance with Section 135.963, RSMo, and the City Enhanced Enterprise Zone Ordinance.  The affected political subdivisions are:

City - Kansas City 

Center School District

Jackson County

Board of Disabled Services

Mental Health

Metro Junior College

Mid-Continent Library

Section 3. That the City Clerk is hereby directed to deliver a copy of this ordinance to the State Director of Economic Development within thirty days following passage of this ordinance.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney