ORDINANCE NO. 260924
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Sponsor: Mayor Quinton Lucas
Approving the recommendations of the Tax Increment Financing Commission of Kansas City, Missouri as to the 47th and Broadway Tax Increment Financing Plan and approving the 47th and Broadway Tax Increment Financing Plan; approving the City’s contribution of additional EATs generated in the Plan Area; and authorizing the City Manager to enter into agreements with the Kansas City TIF Commission and CC Plaza Owner LLC.
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WHEREAS, the Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”) was created pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the “Act”), and by Ordinance No. 54556 of the City Council of Kansas City, Missouri (the “City Council”), adopted on November 24, 1982, and thereafter amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, adopted on August 29, 1991, by Ordinance No. 100089, as amended, adopted on January 28, 2010, by Ordinance No. 130986, adopted on December 19, 2013, by Committee Substitute for Ordinance No. 140823, as amended, adopted on June 18, 2015, by Committee Substitute for Ordinance No. 230524, passed on June 22, 2023, and by Committee Substitute for Ordinance No. 240045 passed on March 21, 2024 (“Enabling Ordinances”); and
WHEREAS, the 47th and Broadway Tax Increment Financing Plan (the “Redevelopment Plan”) was proposed to the Commission; and
WHEREAS, the Redevelopment Plan proposes to assist in funding costs incurred for the repair, replacement, reconstruction, rehabilitation, relocation and/or construction of various public and private infrastructure within and around the Redevelopment Project Area anticipated to include parking facilities, security equipment and facilities, sidewalks, pedestrian walkways and areas, pedestrian open spaces, roadways, curbing, streetscape, traffic control systems and devices, pedestrian and street lighting, wayfinding signage and devices, water distribution and supply systems, water mains and lines, sanitary and storm systems, detention areas and drainage systems, utilities, and related studies and professional services (collectively, “Infrastructure Improvements”) necessary to support and attract future development and redevelopment of structures for a mix of uses including but not limited to retail, restaurant, entertainment, office, commercial, hotel, and residential (collectively, “Project Improvements”) within the Redevelopment Project Area; and
WHEREAS, the proposed Redevelopment Area described by the Redevelopment Plan in which the Infrastructure Improvements and Project Improvements shall be constructed is located in an area that is generally bounded Pennsylvania Avenue, Summit Street, and Jefferson Street on the west, W 47th Street and W 46th Terrace on the north, Mill Creek Parkway on the east, and Ward Parkway on the south (the “Redevelopment Area”). The Redevelopment Project Area for the Project Improvements, as described by the Plan, is coterminous with the Redevelopment Area; and
WHEREAS, after all proper notice was given, the Commission met in a public hearing regarding the Redevelopment Plan and the Redevelopment Project Area described therein at 10:00 AM on July 22, 2026, at which time, after receiving the comments of all interested persons and taxing districts, the Commission approved Resolution No. 7-11-26 (the “Resolution”) recommending to the City Council the approval of the Redevelopment Plan; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Council hereby approves the recommendations of the Commission concerning the Redevelopment Plan as set forth in the Resolution.
Section 2. That all terms used in this ordinance, not otherwise defined herein, shall be construed as defined in the Act.
Section 3. That the following described area is hereby designated the Redevelopment Area:
TRACT 1: (Balcony - Block 2)
PARCEL A:
All that part of Lot 1, WORNALL PARK RESURVEY, a subdivision in Kansas City, Jackson County, Missouri, recorded July 17, 1986, as Document No. K-724383, in Plat Book 36 at Page 88 and described as follows: Beginning at the Southwest corner of said Lot 1; thence North 2 degrees 25 minutes 26 seconds East (this and all other bearings being in relation to the West line of Section 29, Township 49, Range 33 being North 2 degrees 25 minutes 26 seconds East) along the West line of said Lot 1, a distance of 58.25 feet; thence South 87 degrees 34 minutes 30 seconds East, 157.21 feet; thence North 72 degrees 24 minutes 02 seconds East, 55.57 feet, thence North 18 degrees 14 minutes 32 seconds West, 14.34 feet; thence North 71 degrees 37 minutes 48 seconds East, 21.77 feet; thence North 19 degrees 06 minutes 40 seconds West, 54.43 feet; thence North 71 degrees 47 minutes 02 seconds East, 56.18 feet; thence North 19 degrees 32 minutes 33 seconds West, 0.45 feet; thence North 70 degrees 28 minutes 06 seconds East, 9.44 feet; thence South 19 degrees 29 minutes 54 seconds East 0.48 feet; thence North 63 degrees 06 minutes 04 seconds East, 43.71 feet; thence North 41 degrees 12 minutes 03 seconds East, 26.55 feet; thence North 43 degrees 10 minutes 01 seconds East, 25.65 feet; thence North 32 degrees 10 minutes 05 seconds East, 17.63 feet to a point on the Northwest prolongation of the Southwesterly line of Lot 67, WORNALL PARK, a subdivision in said City, County, and State, according to the recorded plat thereof, recorded July 22, 1909, as Document No. 715298, in Plat Book 15 at Page 84, being also a point on the Northerly line of said Lot 1; thence South 60 degrees 12 minutes 23 seconds East along said Northerly line, a distance of 127.66 feet to the most Easterly corner of said Lot 1; thence generally Southwesterly along the Southeasterly line of said Lot 1, the following courses and distances; thence Southwesterly along a curve to the right having a radius of 303.37 feet, a central angle of 38 degrees 55 minutes 54 seconds and an initial tangent bearing of South 29 degrees 47 minutes 37 seconds West, an arc distance of 206.14 feet; thence South 19 degrees 05 minutes 08 seconds East along a jog in said line 3.34 feet; thence Southwesterly along a curve to the left, having a radius of 60.5 feet; a central angle of 46 degrees 04 minutes 13 seconds and an initial tangent bearing of South 56 degrees 23 minutes 26 seconds West an arc distance of 48.65 feet; thence South 10 degrees 19 minutes 13 seconds West, tangent to the last described curve, a distance of 9.42 feet to a point on the South line of said Lot 1; thence North 87 degrees 24 minutes 16 seconds West along said South line, a distance of 287.78 feet to the Point of Beginning.
PARCEL B:
A non-exclusive easement for ingress and egress as established in Document Number K-714870 in Book K-1539, Page 2231, over that part of the following described land lying within Lots 66 and 67 WORNALL PARK and the Easterly half of that part of the vacated alley lying West of, and adjacent to, said Lots 66 and 67: All of that part of Lots 65, 66 and 67, together with a portion of the vacated alley lying between Lot 65 and Lots 66 and 67, all in WORNALL PARK, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded July 22, 1909, as Document No. 715298, in Plat Book 15 at Page 84, more particularly described as follows: Commencing at the Northeast corner of Lot 65; thence North 87 degrees 38 minutes 59 seconds West along the North line of Lot 65, said line being the South line of 46th Street Terrace as such street is now established, a distance of 20.00 feet to the Point of Beginning of a tract of land to be described; thence South 2 degrees 21 minutes 01 seconds West, perpendicular to the last course, a distance of 32.00 feet; thence South 87 degrees 38 minutes 59 seconds East, parallel to the South line of 46th Street Terrace, a distance of 28.00 feet; thence North 2 degrees 21 minutes 01 seconds East, perpendicular to the last course, a distance of 32.00 feet to a point on the South line of 46th Street Terrace; thence North 87 degrees 38 minutes 59 seconds West, along said South line a distance of 28.00 feet to the Point of Beginning.
TRACT 2: (Balcony Garage formerly Neptune Garage)
PARCEL A:
Lot 1, WORNALL PARK RESURVEY, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded July 17, 1986, as Document No. K-724383, in Plat Book K-36 at Page 88, EXCEPT that part described as follows:
Beginning at the Southwest corner of said Lot 1; thence North 2 degrees 25 minutes 26 seconds East (this and all other bearings being in relation to the West line of Section 29, Township 49, Range 33 being North 2 degrees 25 minutes 26 seconds East) along the West line of said Lot 1, a distance of 58.25 feet; thence South 87 degrees 34 minutes 30 seconds East, 157.21 feet; thence North 72 degrees 24 minutes 02 seconds East, 55.57 feet; thence North 18 degrees 14 minutes 32 seconds West, 14.34 feet; thence North 71 degrees 37 minutes 48 seconds East, 21.77 feet; thence North 19 degrees 06 minutes 40 seconds West, 54.43 feet; thence North 71 degrees 47 minutes 02 seconds East, 56.18 feet; thence North 19 degrees 32 minutes 33 seconds West, 0.45 feet; thence North 70 degrees 28 minutes 06 seconds East, 9.44 feet; thence South 19 degrees 29 minutes 54 seconds East, 0.48 feet; thence North 63 degrees 06 minutes 04 seconds East, 43.71 feet; thence North 41 degrees 12 minutes 03 seconds East, 26.55 feet; thence North 43 degrees 10 minutes 01 seconds East, 25.65 feet: thence North 32 degrees 10 minutes 05 seconds East, 17.63 feet, to a point on the Northwest prolongation of the Southwesterly line of Lot 67, WORNALL PARK, a subdivision in said city, county and state, according to the recorded plat thereof, being also a point on the Northerly line of said Lot 1; thence South 60 degrees 12 minutes 23 seconds East along said Northerly line, a distance of 127.66 feet to the most Easterly corner of said Lot 1; thence generally Southwesterly along the Southeasterly line of said Lot 1, the following course(s) and distances: thence Southwesterly along a curve to the right having a radius of 303.37 feet, a central angle of 38 degrees 55 minutes 54 seconds and an initial tangent bearing of South 29 degrees 47 minutes 37 seconds West, an arc distance of 206.14 feet; thence South 19 degrees 05 minutes 08 seconds East along a jog in said line 3.34 feet, thence Southwesterly along a curve to the left, having a radius of 60.5 feet, a central angle of 46 degrees 04 minutes 13 seconds and an initial tangent bearing of South 56 degrees 23 minutes 26 seconds West an arc distance of 48.65 feet; thence South 10 degrees 19 minutes 13 seconds West, tangent to the last described curve, a distance of 9.42 feet to a point on the South line of said Lot 1: thence North 87 degrees 24 minutes 16 seconds West along said South line, a distance of 287.78 feet to the Point of Beginning.
ALSO EXCEPTING therefrom the following described tract:
THE NEPTUNE CONDOMINIUMS, a condominium subdivision in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof filed December 27, 1991, as Document No. K-1003222, in Plat Book 38, Page 55. PARCEL B: A non-exclusive easement for ingress and egress as established in Document Number K-714870 in Book K-1539, Page 2231, over that part of the following described land lying within Lots 66 and 67 WORNALL PARK and the Easterly half of that part of the vacated alley lying West of, and adjacent to, said Lots 66 and 67:
All of that part of Lots 65, 66 and 67, together with a portion of the vacated alley lying between Lot 65 and Lots 66 and 67, all in WORNALL PARK, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded July 22, 1909, as Document No. 715298, in Plat Book 15 at Page 84, more particularly described as follows: Commencing at the Northeast corner of Lot 65; thence North 87 degrees 38 minutes 59 seconds West along the North line of Lot 65, said line being the South line of 46th Street Terrace as such street is now established, a distance of 20.00 feet to the Point of Beginning of a tract of land to be described; thence South 2 degrees 21 minutes 01 seconds West, perpendicular to the last course, a distance of 32.00 feet; thence South 87 degrees 38 minutes 59 seconds East, parallel to the South line of 46th Street Terrace, a distance of 28.00 feet; thence North 2 degrees 21 minutes 01 seconds East, perpendicular to the last course, a distance of 32.00 feet to a point on the South line of 46th Street Terrace; thence North 87 degrees 38 minutes 59 seconds West, along said South line a distance of 28.00 feet to the Point of Beginning.
PARCEL C:
Easements for purposes set out and established in "Declaration of Easements", dated December 9, 1991, filed December 9, 1991, as Document No. K-1000643, and the First Amendment to Declaration of Easements recorded December 21, 2011, as Document No. 2011E0119313, over a tract of land described as follows:
THE NEPTUNE CONDOMINIUMS, a condominium subdivision in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, filed December 27, 1991, as Document No. K-1003222, in Plat Book 38, Page 55.
TRACT 3: (Court of Penguins - Block 15)
All or parts of Lots 3 thru 8 and 11 thru 14, PENN PARK, a subdivision of land recorded September 5, 1905 as Document No. 539873, in Plat Book 13 at Page 42; all of Lot 10, PHILLIPS PLAZA, a subdivision of land, recorded March 26, 1929, as Document No. 407685, in Plat Book 23 at Page 95; part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, Kansas City, Jackson County, Missouri; and part of the vacated streets and alleys adjoining; being all that part of said quarter quarter bounded on the North by the South right-of-way line of Nichols Road, as now established on the East by the West right-of-way line of Pennsylvania Avenue, as now established; on the South by the North right-of-way line of 48th Street, as now established; and on the West by the East right-of-way line of Jefferson Street, as now established.
TRACT 4: (Esplanade/Saks - Blocks 12 & 3)
PARCEL A:
All that part of the Southeast 1/4 of Section 30, Township 49, Range 33, in Kansas City, Jackson County, Missouri, lying West of Broadway Street, East of Pennsylvania Avenue, South of 47th Street and North of Nichols Road, EXCEPT that part thereof described as follows:
Beginning at the intersection of the West line of Broadway with the South line of 47th Street, as said streets are now established; thence South along said West line, 296.36 feet (296 feet, deed) to its intersection with the North line of Nichols Road, as now established; thence West along said North line, 462.21 feet (462 feet, deed) to its intersection with the West line of the East 6 feet of Pennsylvania Avenue, vacated by Ordinance No. 21101, passed January 14, 1957; thence North along said West line, 140.27 feet; thence East, deflecting 89 degrees 53 minutes 16 seconds to the right from the last described course, a distance of 207.88 feet; thence North, deflecting 89 degrees 54 minutes 30 seconds to the left from the last described course, 9.25 feet; thence East at right angles from the last described course, 90.16 feet; thence North at right angles from the last described course 1.90 feet; thence East at right angles from the last described course, 78.26 feet to a point on a line drawn 85.97 feet West of and parallel with said West line of Broadway; thence North along said parallel line, 144.55 feet to a point on the South line of said 47th Street; thence East along said South line, 85.97 feet to the Point of Beginning of said exception.
PARCEL B:
All that part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows:
Beginning at the intersection of the West line of Broadway with the South line of 47th Street as said streets are now established; thence South along said West line, 296.36 feet (296 feet, deed) to its intersection with the North line of Nichols Road, as now established; thence West along said North line, 462.21 feet (462 feet, deed) to its intersection with the West line of the East 6 feet of Pennsylvania Avenue, vacated by Ordinance No. 21101, passed January 14, 1957; thence North along said West line, 140.27 feet; thence East, deflecting 89 degrees 53 minutes 16 seconds to the right from the last described course, a distance of 207.88 feet; thence North, deflecting 89 degrees 54 minutes 30 seconds to the left from the last described course, 9.25 feet; thence East at right angles from the last described course, 90.16 feet; thence North at right angles from the last described course, 1.90 feet; thence East at right angles from the last described course, 78.26 feet to a point on a line drawn 85.97 feet normally distant West of and parallel with said West line of Broadway; thence North along said parallel line 144.55 feet to a point on the South line of said 47th Street; thence East along said South line, 85.97 feet to the point of beginning.
TRACT 5: (Macy's Block formerly Barnes & Noble - Block 18)
Lot 114, LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926, as Document No. 272274, in Plat Book 23 at Page 10.
TRACT 6: (Maintenance Shop)
The East 175 feet of the South 300 feet of Lot 2, MACKEY'S SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded December 12, 1912, as Document No. 902282, in Plat Book 17 at Page 95.
TRACT 7: (Millcreek - Block 1)
Lots 65, 66, 69, 70, 71, 72 and 73, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, filed August 21, 1923, as Document No. 134590, in Plat Book 21 at Page 54, together with the vacated North 9.25 feet of Public Court lying South of and adjoining Lots 66 and 73.
TRACT 8: (Nichols - Block 10)
All or parts of Lot 28 and 45 thru 56, COUNTRY CLUB PLAZA, a subdivision of land recorded October 23, 1911, as Document No. 838840, in Plat Book 17 at Page 42 and recorded May 4, 1912, as Document No. 867946, in Plat Book 17 at Page 77, and parts of vacated streets adjoining, being all that part of the Northwest Quarter of the Southwest Quarter of Section 29, Township 49, Range 33, Kansas City, Jackson County, Missouri, bounded by the South right-of-way line of Nichols Road, as now established, on the North by the West right-of-way line of Central Street, as now established, on the East; by the North right-of-way line of Ward Parkway, as now established, on the South; and by the East right-of-way line of Wornall Road as now established, on the West.
TRACT 9: (Plaza 211 formerly Halls - Block 9)
Lot 79, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded October 22, 1928, as Document No. 395117, in Plat Book 23 at Page 85.
TRACT 10: (Plaza Central Shops - Block 11)
All or parts of Lots 38 thru 44 and 57 thru 64, COUNTRY CLUB PLAZA, a subdivision of land recorded September 26, 1911 as Document No. 838840, in Plat Book 17 at Page 42 and recorded May 4, 1912, as Document No. 867946, in Plat Book 17 at Page 77, and parts of vacated streets adjoining, being all that part of the Northwest Quarter of the Southwest Quarter of Section 29, Township 49, Range 33, Kansas City, Jackson County, Missouri, bounded by the West right-of-way line of Central Street, as now established, on the East by the North right-of-way line of Nichols Road, as now established, on the South; by the East right-of-way line of Wornall Road, as now established, on the West; and by the South right-of-way line of 47th Street, as now established, on the North.
TRACT 11: (Plaza Savings - Block 16)
Lot 11, together with that portion of vacated Pennsylvania Avenue lying Easterly thereof and adjoining, PHILLIPS PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded March 26, 1929, as Document No. 407685, in Plat Book 23 at Page 95.
TRACT 12: (Seville Square - Blocks 13 & 14)
PARCEL A:
All that part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, including part of Lots 1 and 16, PENN PARK, a subdivision recorded September 5, 1905, as Document No. 539873, in Plat Book 13 at Page 42; including part of the vacated alley lying between said Lots 1 and 16 and including part of vacated Pennsylvania Avenue, all in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, and all being more particularly described as follows; Commencing at the intersection of the South right-of-way line of 47th Street (as established by Ordinance No, 47976, approved August 8, 1924) with the West right-of-way line of Pennsylvania Avenue as established by deed recorded under Document No. A-449481 in Book B-2979 at Page 410 and accepted by Kansas City by Ordinance recorded under Document No. A-449482 in Book B-2979 at Page 411; run thence South along the West right-of-way of said Pennsylvania Avenue 150 feet, run thence West at right angles to said West right-of-way line, 14 feet, more or less, to the existing West right-of-way line of said Pennsylvania Avenue, as widened by deed recorded under Document No. A-644303, in Book B-3413 at Page 361 and accepted by Kansas City by Ordinance recorded under Document No. A-638263 in Book B-3406 at Page 386 being the true Point of Beginning of the tract herein described; thence continuing West and along the South line of a tract conveyed to Skelly Oil Company by Document No. A-708238 recorded in Book B-3549 at Page 313, a distance of 248.36 feet, more or less, to the East right-of-way line of Jefferson Street, as now established; thence South along said East right-of-way line, 146.39 feet to the North right-of-way line of Nichols Road (formerly Alameda Road) as widened by deed recorded under Document No. A-644303, in Book B-3413 at Page 361 and accepted by Kansas City ordinance recorded as Document No, A-638263 in Book B-3406 at Page 386; thence East along said North right-of-way line, 247.80 feet to the existing West right-of-way line of said Pennsylvania Avenue; thence North along said existing West right-of-way line 146.02 feet to the Point of Beginning.
PARCEL B: (as an appurtenant easement to Parcel A)
A non-exclusive easement for ingress and egress as established as an appurtenant easement to Parcel A by Document No. A-708238 in Book B-3549 at Page 313, over the South 8 feet of the following described tract of Land: All that part of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Thirty (30), Township Forty-Nine (49), Range Thirty-three (33), in Kansas City, Jackson County, Missouri, described as follows:
Beginning at the point of intersection of the West line of Pennsylvania Avenue with the South line of 47th Street, as said Avenue and said Street were established in Kansas City, Missouri, on December 17, 1937; running thence South along the West line of said Pennsylvania Avenue a distance of one hundred fifty (150) feet to a point; running thence West at right angles to the last described course to the point intersection with the East line of Jefferson Street, as said Jefferson Street is now established in Kansas City, Missouri, running thence North along the East line of said Jefferson Street to the point of intersection with the South line of said 47th Street; running thence East along the South line of said 47th Street to the Point of Beginning.
PARCEL C:
All that part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, including part of Lots 13, 14, 15, 16 and 20 and all of Lots 21 through 28, both inclusive, PENN PARK, a subdivision recorded September 5, 1905, as Document No. 539873, in Plat Book 13 at Page 42 and including part of vacated Jefferson Street all in Kansas City, Jackson County, Missouri, according to the recorded plat thereof and all being more particularly described as follows: Beginning at a point in the West line of said Lot 20, being a point in the East line of an alley in said PENN PARK and 120 feet South of the South line of 47th Street as now established; thence Easterly and parallel with the South line of 47th Street, 221.64 feet to a point in the West line of Jefferson Street, as now established; thence South along the West line of Jefferson Street 336.69 feet to a point in the Easterly prolongation of the North line of Lot 29, PENN PARK; thence West along the North line of said Lot 29 and its Easterly prolongation, 167.53 feet to the Northwest corner of said Lot 29, said point being in the East line of the aforesaid alley; thence North along the East line of said alley, 320.71 feet to the Point of Beginning, together with the East half of the vacated alley West of and adjacent to Lots 21 through 28, both inclusive, PENN PARK; and all of Lots 35 through 44, both inclusive, and Lot 45, EXCEPT that part of said Lot 45 now in 47th Street, in PENN PARK, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, together with the West half of the vacated alley lying East of and adjacent to Lots 35 through 42, both inclusive, PENN PARK.
Together with that portion of vacated Jefferson Street adjoining said Parcel C, vacated pursuant to Ordinance No. 190127, recorded March 5, 2019 as Document No. 2019E0015334, amended by instrument recorded April 26, 2019 as Document No. 2019E0030289.
TRACT 13: (Swanson - Block 5)
PARCEL A:
Lots 1, 2 and 3, and all those parts of Lots 4, 5, 6, 7 and 8, Block 3, and Lot or Block B, ELMDALE, a subdivision of land in Kansas City, Jackson County, Missouri, recorded June 9, 1903, as Document No. 450349, in Plat Book 12 at Page 15, described as follows: Beginning at the point of intersection of the Northerly line of Ward Parkway, as established by Ordinance No. 7160 approved January 24, 1911, with the Easterly line of Wyandotte Street, as dedicated by the Plat of Lots 78 and 79 of COUNTRY CLUB PLAZA, a subdivision of land, in Plat Book B-23, at Page 85, Document No. A-395117, run Northwesterly along said Easterly line of Wyandotte Street 60 feet, thence Northeasterly at right angles to said Easterly line of Wyandotte Street 65 feet; thence Northwesterly parallel with said Easterly line of Wyandotte Street 88 feet; thence Southwesterly at right angles to said Easterly line of Wyandotte Street 65 feet to a point, in said street line; thence Northwesterly along said Easterly line of Wyandotte Street 77.66 feet to a point therein that is 225.66 feet from the Point of Beginning as measured along said Easterly street line; continuing thence Northwesterly along the prolongation of the last described course and the Easterly line of Wyandotte Street as granted and established by the instrument dated December 20, 1954, in Book B-4979 at Page 201, Document No. B-155497, a distance of 113.79 feet; thence continuing Northwesterly, North and Northeasterly along a curve to the right having a radius of 20 feet with the last described course as a tangent, a distance of 36.67 feet to a point in the South line of 47th Street and 40 feet South of the North line of the Southwest Quarter of Section 29, Township 49, Range 33; thence Easterly, Southerly along the North lines of Lot or Block B and of Lot 1, Block 3, ELMDALE, and the East lines of Lots 1, 2, 3, 4 and 5, Block 3, ELMDALE, to the point of intersection of the East line of said Lot 5 with the Northerly line of said Ward Parkway, as established by Ordinance No. 7160, at a point 280.27 feet South of the North line of the Southwest Quarter of Section 29, Township 49, Range 33; thence Southwesterly with said Parkway line along a curve to the right, having a radius of 100 feet with the last described course as a tangent and a central angle of 75 degrees 05 minutes 30 seconds, a distance of 131.06 feet; and thence Southwesterly along said Parkway line, tangent to the last described curve, to the Point of Beginning, together with that part of vacated 47th Street lying North and East and adjoining Lot 1 of the land.
PARCEL B:
All that part of the Northwest 1/4 of the Southwest 1/4 of Section 29, Township 49, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning in the Easterly line of Wyandotte Street, 60 feet Northerly from its intersection with the Northerly line of Ward Parkway as said Wyandotte Street and Ward Parkway are now established; thence Easterly at right angles with the Easterly line of said Wyandotte Street, 65 feet; thence Northerly parallel with said Wyandotte Street 88 feet; thence Westerly at right angles with the Easterly line of said Wyandotte Street, 65 feet to a point in the Easterly line of said Wyandotte Street; thence Southerly along the Easterly line of said Wyandotte Street 88 feet to beginning; being part of Lots 4, 5 and 6, Block 3, and a part of Lot or Block "B", ELMDALE, a subdivision in Kansas City, Jackson County, Missouri, recorded June 9, 1903, as Document No. 450349, in Plat Book 12 at Page 15.
TRACT 14: (Theater - Block 4)
Lot 78, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, filed October 22, 1928, as Document No. 395117 in Plat Book 23, at Page 85.
TRACT 15: (Time - Block 16)
All that part of the Southeast 1/4 of Section 30, Township 49, Range 33, in Kansas City, Jackson County, Missouri, that lies West of Broadway Street, now known as Wornall Road, East of Pennsylvania Avenue, South of Nichols Road and North of Ward Parkway.
TRACT 16: (Triangle - Block 7)
Lots 74, 75, 76 and 77, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded August 21, 1923, as Document No. 134590, in Plat Book 21 at Page 54.
TRACT 17: (Valencia - Block 19) (REVISED 3/29/2024)
LOT 1A:
All that part of Lots 93 through 99 and Lots 102 through 113 of LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926, as Document No. 272274, in Plat Book 23 at Page 10, and that part of 46th Street Terrace right of way vacated by Ordinance Number 971461, approved October 16, 1997, lying below an elevation of 158.00 feet, Kansas City, Missouri Datum, described as follows: Beginning at the Southeast corner of Lot 113 of said LA SOLANA, being also a point on the North right-of-way line of 47th Street, as now established; thence North 87 degrees 29 minutes 14 seconds West along the South line of Lots 113 through 109, inclusive, of said LA SOLANA, and along said North right-of-way line, a distance of 338.59 feet, more or less, to a point of intersection with the East right-of-way line of Pennsylvania Avenue, as established by Ordinance Number 7286 recorded June 1, 1942; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 339.89 feet to a point on the North right-of-way line of said vacated 46th Street Terrace, being also a point on the South line of Lot 93 of said LA SOLANA; thence North 86 degrees 15 minutes 46 seconds West along said North right-of-way line and along said South right-of-way line, a distance of 10.00 feet to the Southwest corner of said Lot 93; thence North 2 degrees 22 minutes 00 seconds East along the West line of said Lot 93 and along the East right-of-way line of said Pennsylvania Avenue, a distance of 10.15 feet; thence South 87 degrees 29 minutes 10 seconds East, a distance of 348.18 feet to a point of intersection with the Northerly prolongation of the West line of TOWNSEND PLACE CONDOMINIUM, a condominium subdivision, according to the recorded plat thereof, recorded September 25, 1989 as Document No. K-896030, in Book K-37 at Page 95; thence South 2 degrees 19 minutes 52 seconds West, along said West line and its Northerly prolongation, a distance of 187.63 feet to the Southwest corner of said TOWNSEND PLACE CONDOMINIUM; thence South 2 degrees 15 minutes 56 seconds West along the East line of Lot 113 of said LA SOLANA, a distance of 162.21 feet, more or less, to the Southeast corner of said Lot 113 and the point of beginning.
AND:
All that part of Lots 93 through 99, Lots 102 through 106, and Lots 109 through 113 of LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926 as Document No. 272274, in Plat Book 23 at Page 10, and that part of 46th Street Terrace right of way vacated by Ordinance Number 971461, approved October 16, 1997, lying above an elevation of 158.00 feet, Kansas City, Missouri Datum, and below an elevation of 177.16 feet, Kansas City, Missouri Datum, described as follows: Beginning at the Southeast corner of Lot 113 of said LA SOLANA, being also a point on the North right-of-way line of 47th Street, as now established; thence North 87 degrees 29 minutes 14 seconds West along the South line of Lots 113 through 109, inclusive, of said LA SOLANA, and along said North right-of-way line, a distance of 338.59 feet, more or less, to a point of intersection with the East right-of-way line of Pennsylvania Avenue, as established by Ordinance Number 7286 recorded June 1, 1942; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 61.52 feet; thence South 87 degrees 34 minutes 08 seconds East, a distance of 82.03 feet; thence North 2 degrees 28 minutes 46 seconds East, a distance of 32.79 feet; thence South 87 degrees 32 minutes 38 seconds East, a distance of 45.08 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 69.71 feet; thence South 87 degrees 34 minutes 22 seconds East, a distance of 26.35 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 24.86 feet; thence North 87 degrees 22 minutes 20 seconds West, a distance of 82.69 feet to a point on said East right-of-way line of Pennsylvania Avenue; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 42.83 feet to a point on the North right-of-way line of said vacated 46th Street Terrace, being also a point on the South line of Lot 93 of said LA SOLANA; thence North 86 degrees 15 minutes 46 seconds West along said North right-of-way line and along said South lot line, a distance of 10.00 feet to the Southwest corner of said Lot 93; thence North 2 degrees 22 minutes 00 seconds East along the West line of said Lot 93 and along the East right-of-way line of said Pennsylvania Avenue, a distance of 10.15 feet; thence South 87 degrees 29 minutes 10 seconds East, a distance of 348.18 feet, to a point of intersection with the Northerly prolongation of the West line of TOWNSEND PLACE CONDOMINIUM, a condominium subdivision, according to the recorded plat thereof, recorded September 25, 1989 as Document No. K-896030, in Book K-37 at Page 95; thence South 2 degrees 19 minutes 52 seconds West, along said West line and its Northerly prolongation, a distance of 187.63 feet to the Southwest corner of said TOWNSEND PLACE CONDOMINIUM; thence South 2 degrees 15 minutes 56 seconds West along the East line of Lot 113 of said LA SOLANA, a distance of 162.21 feet, more or less, to the Southeast corner of said Lot 113 and the point of beginning.
AND
All that part of Lots 93 through 99, Lots 102 through 106, and Lots 109 through 113 of LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926, as Document No. 272274, in Plat Book 23 at Page 10, and that part of 46th Street Terrace right of way vacated by Ordinance Number 971461, approved October 16, 1997, lying above an elevation of 179.50 feet, Kansas City, Missouri Datum, and below an elevation of 335.00 feet, Kansas City, Missouri Datum, described as follows: Beginning at the Southeast corner of Lot 113 of said LA SOLANA, being also a point on the North right-of-way line of 47th Street, as now established; thence North 87 degrees 29 minutes 14 seconds West along the South line of Lots 113 through 109, and along said North right-of-way line, a distance of 338.59 feet, more or less, to a point of intersection with the East right-of-way line of Pennsylvania Avenue, as established by Ordinance Number 7286 recorded June 1, 1942; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 53.67 feet; thence South 87 degrees 26 minutes 10 seconds East, a distance of 82.01 feet; thence North 2 degrees 28 minutes 46 seconds East, a distance of 40.83 feet; thence South 87 degrees 32 minutes 38 seconds East, a distance of 45.08 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 177.59 feet; thence North 87 degrees 31 minutes 24 seconds West, a distance of 44.91 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 24.86 feet; thence North 87 degrees 22 minutes 20 seconds West, a distance of 82.69 feet to a point on said East right-of-way of Pennsylvania Avenue; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 42.83 feet to a point on the North right-of-way line of said vacated 46th Street Terrace, being also a point on the South line of Lot 93 of said LA SOLANA; thence North 86 degrees 15 minutes 46 seconds West along said North right-of-way line and along said South lot line, a distance of 10.00 South 87 degrees 34 minutes 22 seconds East, a distance of 26.35 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 38.08 feet; thence North 87 degrees 34 minutes 22 seconds West, a distance of 26.35 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 69.80 feet; thence North 87 degrees 31 minutes 24 seconds West, a distance of 44.91 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 24.86 feet; thence North 87 degrees 22 minutes 20 seconds West, a distance of 82.69 feet to a point on said East right-of-way line of Pennsylvania Avenue; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 42.83 feet to a point on the North right-of-way line of said vacated 46th Street Terrace, being also a point on the South line of Lot 93 of said LA SOLANA; thence North 86 degrees 15 minutes 46 seconds West along said North right-of-way line and along said South lot line, a distance of 10.00 feet to the Southwest corner of said Lot 93; thence North 2 degrees 22 minutes 00 seconds East along the West line of said Lot 93 and along the East right-of-way line of said Pennsylvania Avenue, a distance of 10.15 feet; thence South 87 degrees 29 minutes 10 seconds East, a distance of 348.18 feet, to a point of intersection with the Northerly prolongation of the West line of TOWNSEND PLACE CONDOMINIUM, a condominium subdivision, according to the recorded plat thereof, recorded September 25, 1989 as Document No. K-896030, in Book K-37 at Page 95; thence South 2 degrees 19 minutes 52 seconds West, along said West line and its Northerly prolongation, a distance of 187.63 feet to the Southwest corner of said TOWNSEND PLACE CONDOMINIUM; thence South 2 degrees 15 minutes 56 seconds West along the East line of Lot 113 of said LA SOLANA, a distance of 162.21 feet, more or less, to the Southeast corner of said Lot 113 and the point of beginning.
AND
All that part of Lots 93 through 99, Lots 102 through 106, and Lots 109 through 113 of LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926 as Document No. 272274, in Plat Book 23 at Page 10, and that part of 46th Street Terrace right of way vacated by Ordinance Number 971461, approved October 16, 1997, lying above an elevation of 177.16 feet, Kansas City, Missouri Datum, and below an elevation of 179.50 feet, Kansas City, Missouri Datum, described as follows: Beginning at the Southeast corner of Lot 113 of said LA SOLANA, being also a point on the North right-of-way line of 47th Street, as now established; thence North 87 degrees 29 minutes 14 seconds West along the South line of Lots 113 through 109, and along said North right-of-way line, a distance of 338.59 feet, more or less, to a point of intersection with the East right-of-way line of Pennsylvania Avenue, as established by Ordinance Number 7286 recorded June 1, 1942; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 53.67 feet; thence South 87 degrees 26 minutes 10 seconds East, a distance of 82.01 feet; thence North 2 degrees 28 minutes 46 seconds East, a distance of 40.83 feet; thence South 87 degrees 32 minutes 38 seconds East, a distance of 45.08 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 69.71 feet; thence South 87 degrees 34 minutes 22 seconds East, a distance of 26.35 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 38.08 feet; thence North 87 degrees 34 minutes 22 seconds West, a distance of 26.35 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 69.80 feet; thence North 87 degrees 31 minutes 24 seconds West, a distance of 44.91 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 24.86 feet; thence North 87 degrees 22 minutes 20 seconds West, a distance of 82.69 feet to a point on said East right-of-way line of Pennsylvania Avenue; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 42.83 feet to a point on the North right-of-way line of said vacated 46th Street Terrace, being also a point on the South line of Lot 93 of said LA SOLANA; thence North 86 degrees 15 minutes 46 seconds West along said North right-of-way line and along said South lot line, a distance of 10.00 feet to the Southwest corner of said Lot 93; thence North 2 degrees 22 minutes 00 seconds East along the West line of said Lot 93 and along the East right-of-way line of said Pennsylvania Avenue, a distance of 10.15 feet; thence South 87 degrees 29 minutes 10 seconds East, a distance of 348.18 feet, to a point of intersection with the Northerly prolongation of the West line of TOWNSEND PLACE CONDOMINIUM, a condominium subdivision, according to the recorded plat thereof, recorded September 25, 1989 as Document No. K-896030, in Book K-37 at Page 95; thence South 2 degrees 19 minutes 52 seconds West, along said West line and its Northerly prolongation, a distance of 187.63 feet to the Southwest corner of said TOWNSEND PLACE CONDOMINIUM; thence South 2 degrees 15 minutes 56 seconds West along the East line of Lot 113 of said LA SOLANA, a distance of 162.21 feet, more or less, to the Southeast corner of said Lot 113 and the point of beginning.
AND
All that part of Lots 93 through 99, Lots 102 through 106, and Lots 109 through 113 of LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926 as Document No. 272274, in Plat Book 23 at Page 10, and that part of 46th Street Terrace right of way vacated by Ordinance Number 971461, approved October 16, 1997, lying above an elevation of 179.50 feet, Kansas City, Missouri Datum, and below an elevation of 335.00 feet, Kansas City, Missouri Datum, described as follows: Beginning at the Southeast corner of Lot 113 of said LA SOLANA, being also a point on the North right-of-way line of 47th Street, as now established; thence North 87 degrees 29 minutes 14 seconds West along the South line of Lots 113 through 109, and along said North right-of-way line, a distance of 338.59 feet, more or less, to a point of intersection with the East right-of-way line of Pennsylvania Avenue, as established by Ordinance Number 7286 recorded June 1, 1942; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 53.67 feet; thence South 87 degrees 26 minutes 10 seconds East, a distance of 82.01 feet; thence North 2 degrees 28 minutes 46 seconds East, a distance of 40.83 feet; thence South 87 degrees 32 minutes 38 seconds East, a distance of 45.08 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 177.59 feet; thence North 87 degrees 31 minutes 24 seconds West, a distance of 44.91 feet; thence North 2 degrees 29 minutes 13 seconds East, a distance of 24.86 feet; thence North 87 degrees 22 minutes 20 seconds West, a distance of 82.69 feet to a point on said East right-of-way line of Pennsylvania Avenue; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 42.83 feet to a point on the North right-of-way line of said vacated 46th Street Terrace, being also a point on the South line of Lot 93 of said LA SOLANA; thence North 86 degrees 15 minutes 46 seconds West along said North right-of-way line and along said South lot line, a distance of 10.00 feet to the Southwest corner of said Lot 93; thence North 2 degrees 22 minutes 00 seconds East along the West line of said Lot 93 and along the East right-of-way line of said Pennsylvania Avenue, a distance of 10.15 feet; thence South 87 degrees 29 minutes 10 seconds East, a distance of 348.18 feet, to a point of intersection with the Northerly prolongation of the West line of TOWNSEND PLACE CONDOMINIUM, a condominium subdivision, according to the recorded plat thereof, recorded September 25, 1989 as Document No. K-896030, in Book K-37 at Page 95; thence South 2 degrees 19 minutes 52 seconds West, along said West line and its Northerly prolongation, a distance of 187.63 feet to the Southwest corner of said TOWNSEND PLACE CONDOMINIUM; thence South 2 degrees 15 minutes 56 seconds West along the East line of Lot 113 of said LA SOLANA, a distance of 162.21 feet, more or less, to the Southeast corner of said Lot 113 and the point of beginning.
AND
All that part of Lots 93 through 99 and Lots 102 through 113 of LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926 as Document No. 272274, in Plat Book 23 at Page 10, and that part of 46th Street Terrace right of way vacated by Ordinance Number 971461, approved October 16, 1997, lying above an elevation of 335.00 feet, Kansas City, Missouri Datum, described as follows: Beginning at the Southeast corner of Lot 113 of said LA SOLANA, being also a point on the North right-of-way line of 47th Street, as now established; thence North 87 degrees 29 minutes 14 seconds West along the South line of Lots 113 through 109, inclusive, of said LA SOLANA, and along said North right-of-way line, a distance of 338.59 feet, more or less, to a point of intersection with the East right-of-way line of Pennsylvania Avenue, as established by Ordinance Number 7286 recorded June 1, 1942; thence North 2 degrees 22 minutes 00 seconds East, along said East right-of-way line, a distance of 339.89 feet to a point on the North right-of-way line of said vacated 46th Street Terrace, being also a point on the South line of Lot 93 of said LA SOLANA; thence North 86 degrees 15 minutes 46 seconds West along said North right-of-way line and along said South right-of-way line, a distance of 10.00 feet to the Southwest corner of said Lot 93; thence North 2 degrees 22 minutes 00 seconds East along the West line of said Lot 93 and along the East right-of-way line of said Pennsylvania Avenue, a distance of 10.15 feet; thence South 87 degrees 29 minutes 10 seconds East, a distance of 348.18 feet to a point of intersection with the Northerly prolongation of the West line of TOWNSEND PLACE CONDOMINIUM, a condominium subdivision, according to the recorded plat thereof, recorded September 25, 1989 as Document No. K-896030, in Book K-37 at Page 95; thence South 2 degrees 19 minutes 52 seconds West, along said West line and its Northerly prolongation, a distance of 187.63 feet to the Southwest corner of said TOWNSEND PLACE CONDOMINIUM; thence South 2 degrees 15 minutes 56 seconds West along the East line of Lot 113 of said LA SOLANA, a distance of 162.21 feet, more or less, to the Southeast corner of said Lot 113 and the point of beginning.
The above tracts being described as LOT 1A, MINOR PLAT OF PART OF LOTS 93 THROUGH 99 AND LOT 102 THROUGH 113 AND VACATED 46TH STREET TERRACE, ALL IN THE PLAT OF LA SOLANA, in the City of Kansas City, Jackson County, Missouri, a part of the Southeast 1/4 of the Northeast 1/4 of Section 30, Township 49 North, Range 33 West, recorded August 26, 2016, as Document No. 2016E0078971, in Plat Book 43, Page 49, as amended by Affidavit recorded on November 23, 2016 in Instrument No. 2016E0111012.
TRACT 18: (Commerce Bank):
Parcel A:
ALL of LOT 67, except the South 9 feet thereof, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
Parcel B:
Lot 68, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof
TRACT 19: (Cocina Property)
All of the west one hundred and twenty (120) feet of the east one hundred and forty-six (146) feet of Lot Twenty-Six (26) HOME PLACE, a sub-division in the City of Kansas City, Jackson County, Missouri, lying north of the north line of the 47th Street, as said street is now established in Kansas City, Missouri.
TRAT 20: (Park Hotel)
TRACT A:
Lots 1, 2, 3, 4, 5, 6, 7, and 8, REES TURPIN'S ADDITION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, and all of vacated 46th Street way lying north of and adjacent to Lots 1 thru 8, REES TURPIN'S ADDITION.
TRACT B:
All that part of the Northwest Quarter of Section 29, Township 49, Range 33, Kansas City, Jackson County, Missouri, described as follows: beginning at a point in the west line of J.C. Nichols Parkway (formerly Mill Creek Parkway) 535.00 feet due south of the south line of South Moreland which point is also the intersection of the west line of J.C. Nichols Parkway (formerly Mill Creek Parkway) with the north line of 46th Street; thence northerly along the west line of J.C. Nichols Parkway (formerly Mill Creek Parkway) 111.02 feet; thence west 73.11 feet; thence due south 107.00 feet to the north line of 46th Street; thence east along the north line of 46th Street 103.35 feet to the point of beginning, in Kansas City, Jackson County, Missouri.
Being more particularly described on Plat of Survey prepared by Donald W. Kozel, R.L.S., dated May 15, 2003, last revised December 13, 2004, Drawing No. PPBASOO1.DWG: Commencing at the southeast corner of Lot 4, REES TURPIN'S ADDITION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, said point being the point of beginning of the herein described tract; thence N 86°01'53" W, along the south line of Lots 4 & 5 said REES TURPIN'S ADDITION, a distance of 275.78' (plat 275.35') to the southwest corner of said Lot 5, said point being the beginning of a non-tangent curve concave to the southwest having a radius of 363.37 feet and an initial tangent bearing of N 09°29'52" W; thence northwesterly, along the west line of said Lot 5, 12.08' (plat 12.13') along said curve through a central angle of 1°54'16"; thence N 11°24'07" W, along the west line of Lots 5-8, said REES TURPIN'S ADDITION, a distance of 188.73' (plat 189.01') to the northwest corner of Lot 8, said REES TURPIN'S ADDITION; thence continuing N 11°24'07" W, a distance of 20.74' to a point on the north right-of-way line of vacated 46th Street way, said point also being on the south line of PARKWAY TOWERS CONDOMINIUM SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri; thence S 86°01'53" E, along said north right-of -way line and south line of PARKWAY TOWERS CONDOMINIUM, a distance of 172.37' (record 172.00'); thence N 04°26'34" E, a distance of 107.00'; thence S 86°05'18" E, a distance of 73.11', to a point on the westerly right-of-way line of J.C. Nichols Parkway; thence S 11°21'47" E, along said westerly right-of-way line, a distance of 111.02' to a point on the north right-of-way line of vacated 46th Street way; thence continuing S 11°21'47" E, a distance of 20.74', to a point on the south right-of-way line of vacated 46th Street way, said point also being the northeast corner of REES TURPIN'S ADDITION; thence continuing S 11°21'47" E, along the east line of Lots 1-4, REES TURPIN'S ADDITION and the northerly prolongation thereof, a distance of 200.82' (plat 201.22') to the point of beginning. Including all adjoining vacated right-of-way and adjoining right-of-way to each of the above-described Tracts of property.
Section 4. That the City Council hereby finds that:
a) The Redevelopment Area as a whole is a conservation area, and has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the Redevelopment Plan;
b) The Redevelopment Plan sets forth in writing a general description of the program to be undertaken to accomplish the objectives of the Redevelopment Plan and includes the estimated redevelopment project costs, the anticipated sources of funds to pay the costs, evidence of the commitments of finance the project costs, the anticipated type and term of the sources of funds to pay costs, the anticipated type and terms of the obligations to be issued, the most recent equalized assessed valuation of the property within the Redevelopment Area which is to be subjected to payments in lieu of taxes and economic activity taxes, an estimate as to the equalized assessed valuation after implementation of the improvements contemplated by the Redevelopment Plan, and the general land uses to apply in the Redevelopment Area;
c) The Redevelopment Plan conforms to the comprehensive plan for the development of the City of Kansas City as a whole, the KC Spirit Playbook, as well as the Midtown/Plaza Area Plan;
d) The Redevelopment Project Area described by the Redevelopment Plan (the “Project Area”) includes only those parcels of real property and improvements thereon which will be substantially benefited by the Infrastructure Improvements and Project Improvements;
e) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs have been stated in the Redevelopment Plan, and are not more than twenty-three (23) years from the passage of any ordinance approving a Redevelopment Project authorized by the Redevelopment Plan and located within the Redevelopment Area;
f) A plan has been developed for relocation assistance for businesses and residences;
g) A cost-benefit analysis showing the impact of the implementation of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;
h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment.
Section 5. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Special Allocation Fund(s) established in connection with Redevelopment Project described by the Redevelopment Plan to finance Redevelopment Project Costs and, subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the Commission determines, to enter into such contracts and undertake all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended, pursuant to the power delegated to it in the Enabling Ordinances. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 through 99.865, RSMo, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Section 6. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all payments in lieu of taxes and economic activity taxes generated within the Project Area that are deposited into the Special Allocation Fund established in connection with the Redevelopment Project described by the Redevelopment Plan to the payment of Redevelopment Project Costs, and, pursuant to Section 74-58 of the Code of Ordinances, authorizes the Commission to pledge such funds on its behalf.
Section 7. That the City Council hereby agrees to provide additional funding for payment of certain certified redevelopment project costs identified by the TIF Plan, by committing, subject to annual appropriation and subject to actual collection, in addition to revenues available under the TIF Act, a defined portion of certain tax revenues realized by the City and generated in the Redevelopment Area that are not otherwise captured by the TIF Act as more particularly described in the Tax Contribution and Distribution Agreement (the “Additional City EATs”), in an amount not to exceed $ 136,156,439, payable over a period not to exceed 30 years.
Section 8. That the City Manager is authorized to execute a Tax Contribution and Disbursement Agreement with the Commission and a Redevelopment Agreement with the Commission and CC Plaza Owner LLC. Copies of the Tax Contribution and Disbursement Agreement and the Redevelopment Agreement are attached hereto in substantial form.
Section 9. That the Council recognizes that the Redevelopment Plan provides that only Infrastructure Improvements are reimbursable project costs. As such, City Prevailing Wage as provided in Code § 3-622 and § 3-623, Construction Workforce under Code § 3-501, et. seq., and any existing, modified, or new certified small business enterprise program adopted by the City or Council (“Specified Policies”) shall be applied only to those Infrastructure Improvements undertaken by the Redeveloper which are eligible Reimbursable Project Costs pursuant to the TIF Plan. Any other improvements constructed as part of the Redevelopment Area that are not eligible for reimbursement under the TIF Plan shall not be required to comply with the Specified Policies, provided that such improvement is not on publicly owned property or subject to any other City, state, or federal incentive.
Section 10. That the Council recognizes that the Redeveloper and Port KC intend to enter into an agreement (“Port KC Agreement”) that requires the Redeveloper to pay or cause to be paid to the City’s housing trust fund five thousand ($5,000) per unit for each market rate housing unit new construction within the Redevelopment Area (the “Housing Trust Fund Obligations”) so long property is subject to the Port KC Agreement upon the issuance of a Certificate of Occupancy by the City and provided that the Redeveloper makes such payment to the City’s housing trust fund. The Council hereby waives the requirements of the Affordable Housing Set-Aside provided in Code § 74-11, contingent on the execution the Port KC Agreement with the Housing Trust Fund Obligations.
Section 11. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Commission of Jackson County, Missouri.
end
______________________________________________________
Approved as to form:
______________________________
Emalea Kohler
Associate City Attorney