COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160697, AS AMENDED
Declaring certain real property
generally located at 2000 Vine Street, surplus to the City's needs; 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 2000 Vine St.
(currently being Jackson County Tax Parcel No. 29-620-24-01-00-0-00-000) as
more fully described below (the “Property”); and
WHEREAS, the
City Council of Kansas City, Missouri passed Ordinance No. 50555 on August 2,
1979 which approved a development plan and a Contract to be entered into with
Eighteenth and Vine Redevelopment Corporation, which Contract was executed and
then recorded December 27, 1979, as Document No. K432925, in Book K980 at Page
574; the perimeter description of the area determined to be blighted and
approved for redevelopment in the Contract included the Property, which
Contract has been supplemented and revised multiple times; and
WHEREAS, the Property is and will remain subject to
the Development Plan, submitted by the Eighteenth and Vine Redevelopment
Corporation, an urban redevelopment corporation of Missouri, initially approved
by the City Council of Kansas City, Missouri, as Ordinance No. 50555, as
amended from time to time thereafter (“353 Plan”) and which may be amended in
the future; and
WHEREAS, further amendments to the 353 Plan will
require future ordinances allowing the continuing oversight and approval by the
City Council of the City; and
WHEREAS, the
Property is within the geographical area covered by the Greater Downtown Area
Plan adopted by the City Council of the City on March 11, 2010 (“GDAP”) and
such GDAP as amended provides a guide to the future redevelopment of the Property,
including the primary goals of increasing employment by fostering development
by leveraging unique qualities, such as access to transportation and cultural
amenities, retaining and promoting safe, authentic neighborhoods by maintaining
unique character of neighborhoods, including identifying and protecting iconic
features and buildings, and promoting sustainability.
WHEREAS, two
structures exist on this Property which was previously declared dangerous as
evidenced by that certain Certificate of Existence of Dangerous Building
recorded October 25, 2004, as Instrument No. 2004K0071920 and which declaration
has been re-evaluated and it has been determined that both structures continue
to be dangerous, and the Neighborhood and Housing Services Department has
issued on September 21, 2016, Dangerous Building Certificates of Existence
individually for the north and south buildings and caused such Certificates to
be recorded September 22, 2016, respectively as Instrument Nos. 2016E0088361
and 2016E0088362 so that the condition of the structures are fully understood
and disclosed those individuals or entities considering submitting proposals as
a part of the surplus property process to enable the General Services
Department to evaluate whether responses adequately address the structures’
condition; and
WHEREAS, a
request has been received by the Department of General Services to declare the
real property as surplus and make it available through the City’s request for
proposals process for private development consistent with the purposes of the
353 Plan and the GDAP, all City departments have been notified that this real
property is not needed by the City and no interest has been expressed in
retaining the real property for future public use, and no objections have been
received, provided, however 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 353 Plan, and
recorded easements and encumbrances, and established road rights of way for
public streets, which shall be deemed retained by the City, as more fully set
forth in 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
parcel described below, is 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 property located at 2000 Vine St., generally
described as follows:
All
that part of the Southeast Quarter of the Northwest Quarter of Section 9,
Township 49 North, Range 33 West in Kansas City, Jackson County Missouri, more
particularly described as follows:
Commencing
at the Southeast Corner of Block 2 of WHITEHEAD PLACE, being also a point on
the Westerly right-of-way of Vine Street, as now established; thence North 2
degrees 20 minutes 15 seconds East, along said Westerly right-of-way line, a
distance of 81.31 feet to the Point of Beginning of the tract of land to be
herein described also known as the Northeast corner of Block 2 of WHITEHEAD
PLACE; thence North 87 degrees 33 minutes 10 seconds West, along North line of
Block 2 of WHITEHEAD PLACE, a distance of 246.60 feet to the East Right-of-Way
line of Paseo Boulevard as established by Ordinance No. 13067 approved by the
Mayor and the Common Council of Kansas City, Missouri on October 3, 1899;
thence North 2 degrees 25 minutes 39 seconds East along said East Right-of-Way
line of Paseo Boulevard, a distance of 283.43 feet to the South Right-of-Way
line of the Kansas City Terminal Railway Company as established by Ordinance
No. 2336 approved by the Mayor and the Common Council of Kansas City, Missouri
on July 7, 1909, as modified; thence South 87 degrees 30 minutes 45 seconds
East, along said South Right-of-Way line of the Kansas City Terminal Railway
Company, a distance of 246.16 feet to a point on the Westerly Right-of-Way Line
of Vine Street as established by Ordinance No. 41474 approved by the Mayor and
the Common Council of Kansas City, Missouri on April 13, 1888, as modified by
subsequent acquisitions now evidenced by existing monuments for Vine Street as
now in place as of September 15, 2016 as shown on the Certificate of Survey as
of that date prepared by Timothy L. Johannes, Mo. PLS #2133 for SKW, Inc.;
thence South 2 degrees 20 minutes 15 seconds West, along said Westerly
Right-of-Way line of Vine Street, a distance of 283.26 feet to the Point of
Beginning. Containing 69,810.1 square feet or 1.603 acres, more or less.
Subject
to building lines, easements, reservation, restrictions, covenants and
conditions of record;
Subject
to the obligations to either demolish or renovate in a timely manner the
structures designated as dangerous pursuant to the Dangerous Building
Certificate of Existence for the north building dated September 21, 2016, and
recorded September 22, 2016 as Instrument No. 2016E0088361 and the Dangerous
Building Certificate of Existence for the south building dated September 21,
2016, and recorded September 22, 2016 as Instrument No. 2016E0088362;
Subject
to the terms and provisions as set forth in the Contract, by and between the
City of Kansas City, Missouri, a municipal corporation, through its Director of
Finance, and Eighteenth and Vine Redevelopment Corporation, an urban
redevelopment corporation, recorded December 27, 1979, as Document No. K432925,
in Book K980, Page 574, as amended from time to time.
Section 3. That the Director of General Services Department authorized
an ALTA survey to determine the above metes and bounds description for the
Property, which was acquired by the City in 1872 as a larger parcel, and has
not been platted since it was acquired; and such survey has evidenced that it
is appropriate for the Director to obligate a successful proposer to plat the
Property to take into account the established road rights-of-way for Paseo and
Vine St. and the Director is authorized to impose such platting obligation as a
condition of a proposal being selected.
Section 4. That certain 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 easements and encumbrances.
Section 5. That
as a part of the request for proposal process, the General Services Department staff
shall require a proposer (1) to commit to undertake further evaluation of
suspected environmental conditions, establish a timeline to remediate
environmental conditions once evaluation completed, including enrolling in a
state sanctioned clean-up, if allowable under applicable law, identify sources
of funding for the probable environmental remediation, and implement such
remediation necessitated by the proposed future use of the Property, to the
satisfaction of governmental regulators, and (2) to submit a scope of work to
renovate the structures or incorporate some portion of the structures into the
façade in conformance with the 353 Plan and the GDAP, as may be amended,
establish a renovation and construction timeline commencing upon satisfactory
completion of environmental remediation which will not be deemed to occur until
acceptance by appropriate governmental regulators, and identify sources of
funding for such renovation and construction, with the General Services
Department staff obtaining security for the completion of such remediation and
renovation commitments in a form determined appropriate by such Director,
including without limitation a performance deed of trust.
Section 6. That the Director of General Services and his designated staff
will consider in the determination of which proposal is selected, whether that
proposed use reasonably complies with the development guidelines of the GDAP,
and parks, boulevard and parkway standards as the Property is adjacent and
within 150 feet of a boulevard, in consultation with the City Planning and
Development Department staff.
Section 7. 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