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Legislation #: 140075 Introduction Date: 1/23/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER CURLS
Title: Approving and authorizing the Board of Parks and Recreation Commissioners to accept the transfer of ownership from the Land Bank of Kansas City, Missouri, of one parcel of land located at 2013 Madison and another triangular parcel of land located at 20th Street and West Pennway for park and recreation purposes.

Legislation History
DateMinutesDescription
1/24/2014 Filed by the Clerk's office
1/23/2014 Referred to Neighborhoods, Housing & Healthy Communities
1/29/2014 Advance and Do Pass, Debate
1/30/2014 Passed

View Attachments
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140075.pdf Authenticated 173K Authenticated
140075 Fact Sheet.pdf Fact Sheet 107K Fact Sheet

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ORDINANCE NO. 140075

 

Approving and authorizing the Board of Parks and Recreation Commissioners to accept the transfer of ownership from the Land Bank of Kansas City, Missouri, of one parcel of land located at 2013 Madison and another triangular parcel of land located at 20th Street and West Pennway for park and recreation purposes.

 

WHEREAS, it is the desire of the Board of Parks and Recreation Commissioners to accept two parcels of land from the Land Bank of Kansas City, Missouri (“Land Bank”) that adjoin park property; and

 

WHEREAS, Ordinance No. 34610 passed November 22, 1967, by the City of Kansas City, Missouri references Lots 6 to 13 inclusive of Cates Addition and declares those lands to be “used for recreation purposes to be Park Land to remain the same forever in accordance with Section 58 of the Charter” and prior Ordinance No. 8839 passed December 23, 1944, by the City of Kansas City, Missouri, authorizes the condemnation of these same lots for recreational purposes; and

 

WHEREAS, the City has previously entered into a Cooperative Lease Agreement dated May 10, 1999, with the Kansas City Urban Public Library District, an urban public library district organized and existing under R.S.Mo. Section 182.701 et seq. that included 2013 Madison, which lies under the Ruiz Library, but the Triangular Parcel was not specifically included in such lease but is used in conjunction with the properties covered by the lease; and

 

WHEREAS, these two parcels were inadvertently taxed, and then processed through a delinquent tax sale with title held by the Land Trust of Jackson County, Missouri (“Land Trust”); and

 

WHEREAS, Land Bank received these two parcels from the Land Trust pursuant to a Special Warranty Deed dated April 9, 2013, and recorded April 11, 2013, as Instrument No. 2013 E0036429, including the triangular parcel abutting and east of West Pennway and south of 20th Street, and another parcel commonly known as 2013 Madison, being Lot 12, Block 17 of Cates Addition, 2013 Madison; and

 

WHEREAS, the Land Bank by executing a Special Warranty Deed is re-conveying to the City these two parcels; and

 

WHEREAS, the Parks and Recreation Department has communicated with the City Manager that it would like to complete the acquisition process of these two parcels of land that were inadvertently processed through a delinquent tax sale; and

 

WHEREAS, City Charter Section 1003 and City Code of Ordinance Section Number 53-1 require that the City Council approves and authorizes the Board of Parks and Recreation Commissioners to acquire additional parkland; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the City approves the acquisition of Lot 12, Block 17, Cates Addition, a subdivision in Kansas City, Jackson County, Missouri, [being Tax Parcel No. 29-410-21-05-00-0-00-000] commonly referred to as 2013 Madison and a triangular piece lying east of West Pennway and south of 20th Street [being Tax Parcel No. 29-410-21-03-02-0-00-000] with an unassigned address, from the Land Bank for park and recreation purposes.

Section 2. That the City approves and authorizes the Board of Parks and Recreation Commissioners to accept the transfer of ownership of the two parcels of property to the City without consideration and this transfer will be made by Special Warranty Deed executed by the Land Bank and held in escrow until the subsequent passage of a resolution by the Board of Parks and Recreation Commissioners accepting the Property as parkland forever.

Section 3. That the City authorizes the Office of the City Attorney to hold the Special Warranty Deed executed on behalf of the Land Bank, until such time that City Attorney receives a certified copy of the resolution by the Board of Parks and Recreation Commissioners accepting the property for public use for parkland forever, which resolution along with a certified copy of this City Council ordinance will be attached to and become an exhibit to and a part of such Special Warranty Deed as recorded.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_____________________________

Lana K. Torczon

Assistant City Attorney