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Legislation #: 090753 Introduction Date: 8/27/2009
Type: Ordinance Effective Date: 9/13/2009
Sponsor: COUNCILMEMBER MARCASON
Title: Amending Ordinance No. 971721, which approved the Union Hill Redevelopment Project N of the Union Hill Increment Financing Plan, designated the area described by Redevelopment Project N as a “Redevelopment Project Area” and adopted tax increment financing therein, by correcting certain scrivener’s errors in the legal description.

Legislation History
DateMinutesDescription
8/27/2009 Filed by the Clerk's office
8/27/2009 Referred to Finance and Audit Committee
9/2/2009 Advance and Do Pass as a Committee Substitute, Consent
9/3/2009 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090753

Amending Ordinance No. 971721, which approved the Union Hill Redevelopment Project N of the Union Hill Increment Financing Plan, designated the area described by Redevelopment Project N as a Redevelopment Project Area and adopted tax increment financing therein, by correcting certain scriveners errors in the legal description.

WHEREAS, the City Council of Kansas City, Missouri by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, on December 18, 1997, the City Council passed Ordinance No. 971698, which approved the Union Hill Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area as a conservation area; and

WHEREAS, the Redevelopment Plan and Ordinance No. 971698 contemplate the implementation of the Redevelopment Plan through 40 separate Redevelopment Projects described by the Redevelopment Plan; and

WHEREAS, on May 23, 2002, the Council passed Ordinance No. 971721, approving Redevelopment Project N and designating an area described by Redevelopment Project N as a redevelopment project area, the legal description of which contained certain scriveners errors, requiring correction; and

WHEREAS, on December 4, 2008, the Council, at the request of the TIF Commission and the County, adopted Ordinance No. 081070 which modified the Plan Area, updated the development strategy for the Union Hill TIF and provided a metes and bounds legal description for the Redevelopment Project N which project area was appropriately approved by Ordinance No. 971721; and

WHEREAS, the Redevelopment Plan as originally approved by Ordinance No. 971698 accurately included all tax parcels to be included in Project N which should have been designated for Payments in Lieu of Taxes the activation of the project in 2002; and

WHEREAS, it is appropriate to amend the prior ordinance approving Project N by confirming the description of Project N and correcting any scriveners that may have occurred; and

WHEREAS, it is the intention of the Council to restate the description of Project N as set forth below and that correction of the scrivener's error does not reflect any other intention and does not modify the term of the Project; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: 

Section 1. That Ordinance No. 971721 is hereby amended by repealing Section 2 and enacting a new Section 2 in its place to read as follows:

Section 2. Effective June 2, 2002 (the Original Effective Date), the redevelopment project area designated by the City to constitute Redevelopment Project Area N is legally described as follows:

Dunveigh Heights North 54 feet Lot 44, and north 54 feet of Lot 21 Warwick Ridge; Dunveigh Heights south 55 feet of north 109 feet Lot 44 & south 55 feet of north 109 feet Lot 21 Warwick Ridge; south 50 feet Lot 44 Dunveigh Heights; south 50 feet of Lot 21 Warwick Ridge; Warwick Ridge south 28 feet Lot 20 & north half of vacated alley lying south & adjacent; south 28.5 feet of north 56.5 ft Lot 20 Warwick Ridge; north 28 feet Lot 20 Warwick Ridge; south 33 feet Lot 19 Warwick Ridge; south 17 feet Lot 18 north 17 feet Lot 19 Warwick Ridge; north 33 feet Lot 18 Warwick Ridge; Lot 17 Warwick Ridge; west 47 feet Lot 13 Warwick Ridge; Lot 14 Warwick Ridge; Lot 31 Dunveigh Heights; south 60 feet of Lot 1 & 2 also north half of vacated alley south of & adjacent Warwick Ridge; Lot 3 also south half of vacated alley north of & adjacent also north 5 feet Lot 4 Warwick Ridge; Warwick Ridge south 45 feet Lot 4 & north 5 feet Lot 5; Warwick Ridge south 45 feet of Lot 5; Warwick Ridge north half of Lot 6; south 25 feet Lot 6 Warwick Ridge; Lot 7 Warwick Ridge North 45 feet Lot 8 Warwick Ridge; Lot 23 Withers Add; Lot 22 Withers Add; Withers Add Lot 21; Union Hill 4th Plat Lot 23 on cert of survey of Tract F filed as docmt #K779810 in Bk S-2 at pg 101 on 6-17-1987; Union Hill 4th Plat Lot 24 on cert of survey of Tract F filed as docmt #K779810 in Bk S-2 at pg 101 on 6-17-1987; Union Hill 4th Plat Lot 25 on cert of survey of Tract F filed as docmt #K779810 in Bk S-2 at pg 101 on 6-17-1987; Union Hill 4th Plat Lot 26 on cert of survey of Tract F filed as docmt #K779810 in Bk S-2 at pg 101 on 6-17-1987; Union Hill 4th Plat Lot 27 on cert of survey of Tract F filed as docmt #K779810 in Bk S-2 at pg 101 on 6-17-1987; north 40 feet of Lots 1 2 & 3 & 7 feet vacated alley Withers Add; south 35 feet of north 75 feet of Lots 1 2 & 3 also 7 feet vacated alley east of & adjacent Withers Add; south 10 feet of Lots 1 2 & 3 also that part of vacated alley east of & adjacent north 24 feet Lot 4 also that part vacated 7 feet alley east of & adjacent Withers Add; south 33.75 feet Lot 4 also that part of vacated 7 feet alley east of & adjacent Withers Add; north 45 feet Lot 9 also that part of vacated 7 feet alley east of & adjacent Withers Add; Lot 10 south 5 feet Lot 9 also that part vacated 7 feet alley east of & adjacent each Withers Add; Withers Add Lots 11 thru 13 also that part of vacated 7 feet alley east of & adjacent; Lots 3020 & 3022 DeGroff Way; DeGroff Way Lot 3016 & Lot 3018; Lot 3004 & 3006 DeGroff Way; Lots 3000 & 3002 DeGroff Way; DeGroff Way Lot 3003 DeGroff Way Lot 3001; DeGroff Way all of Lots 3005 & 3007; DeGroff Way all Lots 3009 & 3011; DeGroff Way Lots 3013 & 3015; Lot 3017 north 20 feet Lot 3019 DeGroff Way; Pinkstons Springfield Add all Lots 34 thru 36 & vacated alley lying west & adjacent; Pinkstons Springfield Add all of Lots 37-40 & east half of vacated alley west & adjacent said lots; Pinkstons Springfield Addition Lots 41 & 42 also east 7 feet vacated alley west of & adjacent said lots; Lots 43 & 44 also 7 feet vacated alley west of & adjacent Pinkstons Springfield Add; Lots 45 & 46 also 7 feet vacated alley west of & adjacent Pinkstons Springfield Add; Lots 1 & 2 Pinkstons Springfield Add; Lot 3 north 8 feet Lot 4 Pinkstons Springfield Add; south 17 feet Lot 4 & north 15 feet Lot 5 Pinkstons Springfield Add; Lot 6 south 10 feet Lot 5 Pinkstons Springfield Add; Lot 7 north 10 feet Lot 8 Pinkstons Springfield Add; south 15 feet Lot 8 north 15 feet Lot 9 Pinkstons Springfield Add; south 10 feet Lot 9 all Lot 10 Pinkstons Springfield Add; Lot 11 & 12 Pinkstons Springfield Add; Lot 13 Pinkstons Springfield Add; Union Hill Fifth Plat Lot 19 Tract G; Union Hill Fifth Plat Lot 18 Tract G; Union Hill Fifth Plat Lot 17 Tract G; Union Hill Fifth Plat Lot 16 Tract G; Union Hill Fifth Plat Lot 15 Tract G; Union Park Condominiums Unit 106 1/12% common interest; Union Park Condominiums Unit 206 1/12% common interest; Union Park Condominiums Unit 105 1/12% common interest; Union Park Condominiums Unit 205 1/12% common interest; Union Park Condominiums Unit 204 1/12% common interest; Union Park Condominiums Unit 104 1/12% common interest; Union Park Condominiums Unit 103 1/12% common interest; Union Park Condominiums Unit 203 1/12% common interest; Union Park Condominiums Unit 202 1/12% common interest; Union Park Condominiums Unit 102 1/12% common interest; Union Park Condominiums Unit 201 1/12% common interest; Union Park Condominiums Unit 101 1/12% common interest; Union Hill 8th Plat, Lot 100; Union Hill 8th Plat, Lot 102; Union Hill 8th Plat, Lot 104; Union Hill, Lot 4; Union Hill, Part of Tract A Described as follows: beginning at southeast corner Lot 5 Union Hill thence north 87 DEG west 41.04 feet to southwest corner said Lot 5 thence south 2 DEG west 22 feet thence south 87 feet DEG east 41.03 feet thence north 2 DEG east 22 feet to point of beginning, Union Hill 8th Plat, Lot 108; Union Hill 8th Plat, Lot 110; Union Hill 8th Plat, Lot 112; Union Hill 8th Plat, East 14 feet of Lot 114; Union Hill 8th Plat, west 7 feet of Lot 114; Union Hill 8th Plat, Lot 116; Union Hill 8th Plat, Lot 2990; Union Hill 8th Plat, Lot 2988; Union Hill 8th Plat, Lot 2986; Union Hill 8th Plat, Lot 2984; Union Hill 8th Plat, Lot 2982; Union Hill 8th Plat, Lot 2980; Union Hill 8th Plat, Lot 2976; Union Hill 8th Plat, Lot 2974; Union Hill 8th Plat, Lot 2972; Union Hill 8th Plat, Lot 2970; Union Hill 8th Plat, Lot 4; Union Hill 8th Plat, west 3 feet of lot 2, all of Lot 3 (known as tract B on cert. survey S-5 pg 49); Union Hill 8th Plat, Lots 1 & east 26 feet of Lot 2 (known as Tract A on cert. survey S-5 pg 49); Union Hill 6th Plat, Lot 101, cert survey S3/39; Union Hill 6th Plat, Lot 103, cert. survey S3/39; Union Hill 6th Plat, Lot 105, cert. survey S3/39; Union Hill 6th Plat, Lot 107, cert. survey S3/39; Union Hill 6 Plat, Lot 109, cert. survey S3/39; Union Hill 6th Plat, Lot 111, cert. survey S3/39; Union Hill 6th Plat, Lot 113; Union Hill 6th Plat Lot 115; Union Hill 6th Plat Lot 117; Union Hill 6th Plat Lot 119; Union Hill 6th Plat Lot 121; Union Hill 6th Plat Lot 123; Union Hill 8th Plat, Lot 2901; Union Hill 8th Plat, Lot 2903; Union Hill 8th Plat, Lot 2905; Union Hill 8th Plat, Lot 2907; Union Hill 8th Plat, part of Lot 2929-B described as follows: Beginning 12 feet MOL south of northwest corner said lot thence east 24.52 feet thence south 58 feet MOL thence west 24.52 feet thence north 58 feet MOL to point of beginning; Union Hill 8th Plat, part of Lot 2929-A described as follows: Beginning 12 feet MOL south of northwest corner said lot thence east 25.48 feet thence north 12 feet MOL thence east 4.52 feet thence south 75 feet thence west 4.77 feet thence north 5 feet MOL thence west 25.23 feet thence north 58 feet MOL to point of beginning; Union Hill 8th Plat, Lot 2931; Union Hill 8th Plat, Lot 2933 (except south 35.41 feet thereof); Union Hill 8th Plat, south 35.41 feet of Lot 2933; Union Hill part of Tract A said subdivision & Tract B of Union Hill 2nd Plat described as follows: Beginning 5.25 feet east of northwest corner Tract A, thence north 29.20 feet thence east 18.67 feet thence north 8 feet thence east 26.70 feet thence south 33.40 feet thence west 9.33 feet thence south 8 feet thence west 36.04 feet thence north 4.20 feet to point of beginning; Union Hill 8th plat, Lot 2937; Union Hill 8th Plat, Lot 2941; Union Hill 8th Plat, Lot 2907A; Union Hill 8th Plat, Lot 2907B; Replat of Lot 8 of the replat of a portion of Tract L, Union Hill 7th Plat Unit 8-C of Lot 8; Replat of Lot 8 of the replat of a portion of Tract L, Union Hill 7th Plat Unit 8-B of Lot 8; Replat of Lot 8 of the replat of a portion of Tract L, Union Hill 7th Plat Unit 8-A of Lot 8; Replat of a portion of Tract L, Union Hill 7th Plat Lot 2; Replat of a portion of Tract L, Union Hill 7th Plat Lot 3; Replat of a portion of Tract L, Union Hill 7th Plat, Lot 4; Replat of a portion of Tract L, Union Hill 7th Plat, Lot 5; Replat of a portion of Tract L, Union Hill 7th Plat, Lot 6; Union Hill 7th Plat, east 27 feet of west 28.83 feet of south 27.42 feet of Tract L and Union Hill 6th Plat east 27 feet west 28.83 feet north 21.25 feet of Tract K; Union Hill 7th Plat east 24.33 feet west 53.16 feet south 27.42 feet of Tract L and Union Hill 6th Plat east 24.33 feet of west 53.16 feet of north 21.25 feet of Tract K; Union Hill 6th Plat East 27 feet of west 87.83 feet of north 16.81 feet of Tract K and Union Hill 7th Plat east 27 feet of west 87.83 feet of south 31.86 feet of Tract L; Union Hill 7th Plat east 24.34 feet of west 112.17 feet of south 31.86 feet of Tract L and Union Hill 6th Plat east 24.34 feet of west 112.17 feet of north 16.81 feet of Tract K; Union Hill 4th Plat, Lot 2937 part of Tract D; Union Hill 4th Plat, Lot 2939 part of Tract D; Union Hill 4th Plat west 29.50 feet of east 61 feet of south 52.50 feet of north 64.08 feet of Tract D; Union Hill 4th Plat west 26 feet of east 30 feet of south 38 feet of north 99.58 feet of Tract D; Union Hill 8th Plat, Lot 200; Union Hill 3rd Plat, Lot 21 part of Tract C as shown cert. survey S2/23; Union Hill 3rd Plat, Lot 22 part of Tract C as shown cert. survey S2/23; Union Hill 4th Plat, Tract E; Union Hill 8th Plat Lot 2953; west 7 feet of south 130 feet Lot 7 & east 25 feet of south 130 feet Lot 8 Dunveigh Heights; east 43 feet of south 130 feet Lot 7 Dunveigh Heights; west 25 feet of south 130 feet Lot 5 Dunveigh Heights; Dunveigh Heights west 25 feet of south 130 feet Lot 4 & east 25 feet of south 130 feet Lot 5; east 25 feet of south 130 feet Lot 4 Dunveigh Heights; Dunveigh Heights south 130 feet Lot 3, subdivisions in Kansas City, Jackson County, Missouri.

Section 3. The actions of all City officials and the Tax Increment Financing Commission of Kansas City, Missouri, in allocating, paying, depositing, receiving and/or disbursing payments in lieu of taxes or economic activity taxes for Redevelopment Project Area N, which have been approved after the Original Effective Date, but prior to the effective date of this ordinance, are hereby ratified and approved.

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  Approved as to form and legality:

 

  ___________________________________

Heather A. Brown

Assistant City Attorney