COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 210122
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Declaring certain real property generally located in the Union Station Addition of Kansas City, Missouri surplus to the City's needs; authorizing the Director of General Services to enter into a Cooperative Agreement with the Planned Industrial Expansion Authority of Kansas City, Missouri, for the conveyance of the real property; and authorizing the Director of General Services to execute such deeds and other documents as may be necessary for the conveyance.
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WHEREAS, the City owns real property that is subdivided as Union Station Addition, Kansas City, Missouri legally described on Exhibit 1 and identified on the site map attached as Exhibit 2 (the land and the improvements on the land are the “Lots”); and
WHEREAS, the Lots are located within the Freight House Planned Industrial Expansion Area (the “Freight House PIEA Area”), a general Plan Area approved by the City Council, in Ordinance No. 190944 on December 12, 2019; and
WHEREAS, the Council has determined that the Lots are not needed for public use, provided, that adequate easements are reserved for the City’s infrastructure located on or near such Lots; and
WHEREAS, the Lots are currently being underutilized as surface parking, and have been rented to third parties for their parking use; and
WHEREAS, the Planned Industrial Expansion Authority (PIEA) has the ability to solicit development of the Lots for a higher use; and
WHEREAS, the development of the Lots serves a predominantly public municipal purpose because, without limitation, development will (i) enhance the tax base of the Lots and surrounding area; (ii) retain and generate jobs; (iii) promote economic development in the area of the City in which the Lots are located; (iv) result in generation of tax revenues to the City from the conduct of business and other activities in the City that would not otherwise occur; and (vi) serve as a catalyst for additional investment in and further redevelopment and rehabilitation of the area of the City in which the Lots are located; and
WHEREAS, the City desires to convey the Lots to the Authority pursuant to a Cooperative Agreement Concerning Union Station Additional Real Property to facilitate redevelopment of the Freight House PIEA Area, subject to the reservation of all appropriate easements for City infrastructure on or near the Lots; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That pursuant to Section 1210 (b)(2) of the City Charter, the Council hereby finds and declares the Lots as legally described on Exhibit 1 attached hereto are no longer needed for public use, provided that appropriate easements for City infrastructure is reserved, and is hereby declared surplus to the City’s needs.
Section 2. That the Director of General Services is hereby authorized further negotiate, execute, and implement a Cooperative Agreement with PIEA in substantially the form attached hereto as Exhibit 3. Such agreement shall be subject to the retention of any easements or other encumbrances deemed necessary by the Director of General Services, Director of Water Services, and the Director of Public Works.
Section 3. In the event that the PIEA selects a proposer which is the owner of other property in the vicinity of the Lots, all outstanding obligations to the City by such owner must be satisfied prior to a transfer of the Lots to such proposer. Without limiting the foregoing, the City authorized the release of certain access by Ordinance No. 200328, in exchange for the execution and recording of an Ingress and Egress Easement on property lying to the north of the Lots, and such Easement has yet to be recorded, as signed, and the City has not been provided title evidence of the priority of such Easement over any other lien interests.
Section 4. That, upon execution of the Cooperative Agreement meeting the requirements of Section 2 of this Ordinance, the Director of General Services is hereby authorized to execute the special warranty deed, subject to any and all easements and encumbrances retained and reserved by the City, and subject to all title impairments as now known or determined prior to the transfer of the Lots to the PIEA, and all other real estate or other documents needed to effectuate the transfer and conveyance of the Lots.
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Approved as to form and legality:
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Katherine Chandler
Assistant City Attorney