COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160702
Declaring certain real property
generally located at 6633 Troost Avenue surplus to the City's needs; and
authorizing the Director of General Services to offer the sale of the City’s
interest in this real property in accord with City regulations, to later convey
it, and execute related documents to complete the transfer of the real
property; and directing the City Clerk to record this Ordinance with the Office
of the Recorder of Deeds of Jackson County, Missouri.
WHEREAS, the
City owns rights in certain real property generally described as 6633 Troost
Avenue (currently being Jackson County Tax Parcel No.
47-130-05-31-00-0-00-000);
WHEREAS, the real
property consists of two tracts which have been used for the former Kansas City
Police Department Crime Laboratory, which use has been relocated to a new
facility;
WHEREAS, the
Department of General Services has notified all City departments of its intent
to seek a determination that this real property should be declared surplus and
that this real property is not needed by the City, and no department has
expressed an interest in retaining the real property for future public use, and
no objections have been received, provided, however certain recorded restrictions,
covenants, and 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 restrictions, covenants, easements and
encumbrances, and dedicated right of way for public streets, which shall be
deemed retained by the City, as more fully set forth is the Special Warranty
executed as a part of the subsequent transfer;
NOW,
THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section
1. That the parcels described below, are hereby declared surplus to the City’s
needs.
Section 2. That the
Director of General Services Department is hereby authorized to offer and sell
in accord with City regulations, and made available through an open and public
competition, the City’s rights in the properties located at 6633 Troost Avenue
(currently being Jackson County Tax Parcel No. 47-130-05-31-00-0-00-000), title
of which vested in the City by virtue of that certain Special Warranty Deed recorded
as Instrument No. 2015E0051115) legally described as follows:
Tract
1: The West 40 feet of Lot 23, and all of Lot 24, BROADMOOR, a subdivision in
Kansas City, Jackson County, Missouri, according to the recorded plat thereof;
Subject
to easements, restrictions and setback lines per the plat recorded Plat Book
14, Page 38, of the official records of the Jackson County, Missouri Recorder
of Deeds;
Subject
to easements held by the Kansas City Power and Light Company, recorded December
30, 1957 as Document No. B254222 in Book B7053, Page 22 and recorded July 2,
1976, as Document No. K297275 in Book K683 at Page 1419 of the official records
of the Jackson County, Missouri Recorder of Deeds;
Tract
2: All of Lots 1 to 10, both inclusive, and all of vacated Troost Terrace
lying East and adjoining Lots 1 to 5, both inclusive, and West and adjoining
Lots 6 to 10, both inclusive, TOWNSDIN ADDITION, a subdivision in Kansas City,
Jackson County, Missouri, according to the recorded plat thereof;
Subject
to easements, restrictions and setback lines per the plat recorded Plat Book
28, Page 86, of the official records of the Jackson County, Missouri Recorder
of Deeds, as limited by that certain Quit-Claim Deed executed by the City,
releasing certain utility easements with respect to Lots 1-5, which Quit-Claim
Deed was recorded May 23, 1957, as Document No. B232912, in Book B7037, Page
197;
Both
Tracts 1 and 2, are being declared surplus, but shall be subject to the further
to the following encumbrances and restrictions of record:
Subject
to the Declaration of Restrictions recorded October 7, 1957, as Document No.
B246645, in Book B7047, Page 247, related to conditions placed upon the
property by the City Plan Commission, as a part of approving an application for
zoning which conditions could only be released with the consent of the City and
certain abutting property owners, and nothing in this Ordinance shall be deemed
to grant such consent;
Subject
to the South Town Corridor/31st and Baltimore Tax Increment
Financing Plan (“Redevelopment Plan”) adopted by the Tax Increment Financing
Commission of Kansas City, Missouri (“TIF Commission”), which Plan remains in
force, but which may have been amended from time to time;
Subject
to any further amendments to the Redevelopment Plan or agreements related
thereto which are binding upon the Property, possibly including an Agreement
dated October 3, 1994 by and between the TIF Commission, and Health Midwest
Partners for Change, Inc., evidenced by that Memorandum of Agreement recorded
November 2, 1994, as Instrument No. K1165880 at Book K2625, Page 351.
Section 3. That certain restrictions, easements or
other encumbrances of record are being retained on behalf of the City, and will
be expressly listed as retained on the Special Warranty Deed to be executed by
the City so as to subject such conveyance to such restrictions, easements and
encumbrances.
Section 4. That
the Director of General Services is hereby authorized to execute any real
estate or other documents needed to effectuate the transaction described
herein.
______________________________________________
Approved
as to form and legality:
___________________________
Amelia
J. McIntyre
Assistant
City Attorney