IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Executive to execute an Agreement to Preserve and Protect the Blue River Glade with Scripps Howard Broadcasting Co., Specialty Restaurants Corp., and Ben D. Benjamin, Trustee, and certain related conveyance instruments, and accepting the conveyance of certain property, all located within and adjacent to the County's Blue River Parkway.
Intro
RESOLUTION # 14350, October 21, 2002
INTRODUCED BY Fred Arbanas, County Legislator
Enacted and Approved
WHEREAS, the County owns and operates the Blue River Parkway ("the Park") located wholly within the City of Kansas City, Missouri; and,
WHEREAS, within the Park, nature has created a unique assembly of river plants, animals, and geology, that, together, create a "grassy open area within a forest," an ecosystem known as the Blue River Glade (the "Glade"); and,
WHEREAS, preservation and enhancement of the Glade is of primary importance to the Parks and Recreation Department and to Lakeside Nature Center, Kansas City Harmony, the Nature Conservancy, Missouri Department of Conservation, the Kansas City Zoo, and Kansas City Wild Lands, all of which are dedicated to the preservation and enhancement of the Glade; and,
WHEREAS, one-half of the Glade lies within the Park and the remaining half is on private land owned by the Benjamin Enterprises 1985 Trust ("the Benjamin Trust"); and,
WHEREAS, the Legislature believes that possible future development of the private land could have a negative impact on the Glade; and,
WHEREAS, Specialty Restaurants Corp. has entered into an Agreement with the Benjamin Trust to purchase approximately 167 acres, which includes the remaining half of the Glade located on private land; and,
WHEREAS, the Port Authority of Kansas City, Missouri ("the Port Authority"), is a political subdivision of the State of Missouri pursuant to section 68.010, RSMo; and,
WHEREAS, the County owns two parcels within the Park totaling approximately 28.2 acres that is unnecessary to fulfill its mission to serve the recreational needs of the citizens of the County; and,
WHEREAS, the Director of Parks and Recreation recommends the conveyance of these parcels to the Port Authority to allow the Port Authority to, in turn, convey them to Specialty Restaurants; and,
WHEREAS, Specialty Restaurants currently owns approximately 135 acres of land adjacent to the Park and adjacent to the Benjamin Trust property and wishes to commercially develop the land, including the approximately 28.2 acres owned by County, as part of an overall development plan; and,
WHEREAS, Scripps Howard Broadcasting Co. ("Scripps Howard') has been mandated by the Federal Communications Commission ("FCC") as the broadcaster of KSHB-TV to broadcast digital television and to commence construction of a new digital television broadcast tower by November 14, 2002; and,
WHEREAS, Scripps Howard has been searching for a location to construct its tower to broadcast digital television since March 2000, which led it to the location immediately south of the Glade on land owned by the Benjamin Trust; and,
WHEREAS, the location next to the Glade meets both FCC and Federal Aviation Administration approval; and,
WHEREAS, Scripps Howard has entered into an Agreement with the Benjamin Trust, with the consent of Specialty Restaurants, to purchase approximately 19 acres of the 167 acres, which transaction will be completed simultaneously with Specialty Restaurants' purchase from the Benjamin Trust referred to above; and,
WHEREAS, Scripps Howard proposes to convey to the County for preservation of the Glade approximately 19 acres that it intends to purchase from the Benjamin Trust, contingent upon Port Authority conveyance of the 28.2 acres to Specialty Restaurants; and,
WHEREAS, the Director of Parks and Recreation recommends the conveyance to Scripps Howard of the right by easement over approximately 22 acres (including the 19 acres described above) to construct and maintain a 1,000' television antennae tower on a portion of the conveyed tower property and on a portion of the existing County Park property, for the useful life of the tower, estimated at twenty years, in exchange for which Specialty Restaurants intends to convey approximately 40 acres to the County for the preservation and protection of the Glade; and,
WHEREAS, the City Council of the City of Kansas City, MO ("the City") adopted Resolution No. 021146, as amended, on September 19, 2002, which declared that the preservation of the Glade is a public purpose in connection with the above-described transactions and determined that the Scripps Howard communication tower is a public use and outside the scope of the City's Zoning Ordinance; and,
WHEREAS, the Director of Parks and Recreation proposes to construct a new entrance to the Glade from 83rd Street to the east, as well as a maintenance road to the Glade, which new entrance will allow for an expansion of the Glade trail in addition to improving public access; and,
WHEREAS, the expanded Glade trail could be connected to the existing trail system to the south of the Glade, which could extend through the land owned by Specialty Restaurants that Specialty Restaurants desires to develop; and,
WHEREAS, the Director of Parks and Recreation is desirous of causing a pedestrian/bike trail to be developed on Specialty Restaurants' land and that such future trail system lead to a proposed "Blue River Glade Trailhead" to be located at the new entrance to the Glade at 83rd Street, as well as other amenities; and,
WHEREAS, Scripps Howard, Specialty Restaurants, and the Benjamin Trust have all agreed to make a financial contribution toward the Director of Parks and Recreation's proposed development of this trailhead; and,
WHEREAS, Specialty Restaurants intends to develop its property consistent with its master plan and further intends to make application to the City for approval of either a tax increment finance plan or an urban redevelopment plan in addition to an urban development plan that will include Specialty Restaurants' land as well as Scripps Howard's land; and,
WHEREAS, all of the above-mentioned parties have worked cooperatively on the actions as set forth above in order to accomplish the preservation, protection, and enhancement of the Glade; and,
WHEREAS, the attached "Agreement to Protect the Blue River Glade and for Transfer of Certain Property" adequately sets out the agreement and understanding of the parties with regard to this transaction and provides a suitable mechanism by which to bring it into effect; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Executive be and hereby is authorized to execute the "Agreement to Protect the Blue River Glade and for Transfer of Certain Property" with Scripps Howard Broadcasting Co., Specialty Restaurants Corp., and Ben D. Benjamin, Trustee, in a form substantially similar to that attached; and,
BE IT FURTHER RESOLVED that the County Executive be and hereby is authorized to execute the conveyance instruments in favor of Specialty Restaurants Corp. and Scripps Howard Broadcasting Co., described above, in a form to be approved by the County Counselor; and,
BE IT FURTHER RESOLVED that the conveyances in favor of the County, described above, be and hereby are accepted.
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
____________________________ ______________________________
County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution # 14350 of October 21, 2002 was duly passed on __________October 21____________, 2002 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ______7_________ Nays ______0________
Abstaining ____1_____ Absent _____1_______
________________________ ______________________________
Date Mary Jo Spino, Clerk of Legislature