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Legislation #: 060889 Introduction Date: 8/10/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SCHUMACHER AND COUNCILMEMBER RILEY
Title: Approving City contract for sale of the Town Center Commercial Development Real Property Tract on Blue parkway, City-owned property under Parks and Recreation Management acquired for parkway realignment and private development, to the developer, Community Builders of Kansas City, upon Developer’s exercise of option to purchase and a fixed amount of $400,986.00 to reimburse the Brush Creek Capital Maintenance Trust Fund for previous Parks and Recreation parkway land acquisition and development expenditures.

Legislation History
DateMinutesDescription
8/10/2006 Filed by the Clerk's office
8/10/2006 Referred to Finance and Audit Committee
8/16/2006 Advance and Do Pass, Debate
8/17/2006 Passed

View Attachments
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060889.pdf Other 124K ord
fact sheet.xls Advertise Notice 29K revised fact sheet
fact sheet.xls Advertise Notice 28K fact sheet

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ORDINANCE NO. 060889

 

Approving City contract for sale of the Town Center Commercial Development Real Property Tract on Blue parkway, City-owned property under Parks and Recreation Management acquired for parkway realignment and private development, to the developer, Community Builders of Kansas City, upon Developers exercise of option to purchase and a fixed amount of $400,986.00 to reimburse the Brush Creek Capital Maintenance Trust Fund for previous Parks and Recreation parkway land acquisition and development expenditures.

 

WHEREAS, a Ground Lease was entered into between the Kansas City, Missouri Board of Parks and Recreation (Landlord) and the Midtown Community Development Corporation, d/b/a Community Builders of Kansas City, (Tenant), a Missouri not-for-profit corporation; and

 

WHEREAS, the property subject to the Ground Lease (Premises) is approximately 6.5974 Acres and is located at 4001 Blue Parkway; and

 

WHEREAS, the Ground Lease commencement date was July 1, 2001; and

 

WHEREAS, the term of the Ground Lease is for an initial twenty (20) years; and

 

WHEREAS, during the first five (5) years of the Ground Lease Term, Tenant shall have the Option to Purchase the Premises at a purchase price equal to $400,986.00; and

 

WHEREAS, Tenant has appropriately notified Landlord of its exercise of said Option; and

WHEREAS, the Premises is City-owned land not accepted as park property but maintained by the Board of Parks and Recreation Commissioners; and

 

WHEREAS, proceeds of the sale will be used for maintenance operations for Brush Creek; and

WHEREAS, the Board of Parks and Recreation Commissioners has adopted Resolution No. 27771 on June 22, 2006, accepting the developers notice of exercise of option to purchase and recommending that the City Council enact an ordinance for the sale of the Premises generally know as the Town Center Commercial Development tract to the developer, $400,986.00, said proceeds to be deposited in a trust account for the Maintenance of Brush Creek; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The City-owned real property maintained by Parks and Recreation located at 4001 Blue Parkway, subject to the Ground Lease between Midtown
Community Development Corporation, d/b/a Community Builders of Kansas City, more particularly described as follows:

 

Consisting of 6.5974 Acres/284,387.33 Square Feet

 

A tract of land in the S.E. of the S.E. of Section 27, Township 49 North, Range 33 West, in Kansas City, Jackson County, Missouri.

 

Commencing at the S.E. Corner of S.E. of said section 27; thence N. 23450 E (Bearings are Missouri coordinate system of 1983, West Zone) along the east line of said section, a distance of 30.00 to the north line of 51st Street, as established, said point being the true point of beginning of this tract; thence N 873436 W (N 878119 W by plats of Swope Parkway Health Campus, first and second plats) along the north line of said 51st Street, a distance of 364.87 to most northerly southeast corner of Lot 1 of said Swope Parkway Health Campus, First Plat, a subdivision in said city, county and state; thence N 455019 W along the northeasterly line of said Lot 1, a distance of 364.34 to the most southerly southeast corner of Lot 3 of said Swope Parkway Health Campus, Second Plat, a subdivision in said city, county and stat; thence N 315226 E along the southeasterly line of said Lot 3, and its prolongation , a distance of 482.94 to a point on southerly line of Blue Parkway, as established; thence S 613226 E (S 613258 E Record along a curve to the left having a radius of 117.00 and central angle of 154707, a distance of 323.72 to point on the east line of said section; thence S 23458 W along said east line, a distance of 516.65 to the point of beginning.

 

Section 2. The City deems this property to be surplus, and shall be sold to the Developer under the option to purchase clause contained in the Ground Lease dated July 1, 2001.

 

Section 3. The Director of Parks and Recreation is authorized pursuant to Board Resolution No. 27771 and this ordinance to execute the sales contract on behalf of the City. This conveyance is declared to be for a public and municipal purpose.

 

Section 4. Proceeds from the property sale shall be deposited in City Trust Account No. 6490702800 to reimburse City land acquisition and parkway development costs and to be used exclusively for future Brush Creek capital maintenance costs expended by the Parks and Recreation Department.

 

_____________________________________________

 

Approved as to form:

 

 

__________________________________

Kathy K. Adams

Assistant City Attorney