Title
An Ordinance approving a Memorandum of Understanding between the City of Lee's Summit, Missouri and Thomas Anthony Kraft and Mary Kathleen Craft, as trustee owners of the property operated as Lawn & Leisure, to facilitate the 291 North Interchange Project.
(Note: First read by Council on April 15, 2025. Passed by unanimous vote.)
Body
Issue/Request:
Approval of a Memorandum of Understanding between the City and Lawn & Leisure, through the property owners of this establishment, to arrange for land transactions to facilitate the 291 North Interchange Project.
Key Issues:
Approval of an agreement to facilitate land purchased for the 291 North Interchange Project.
Proposed City Council Motion:
I move for adoption of an Ordinance Approving a Memorandum of Understanding between the City of Lee's Summit and Thomas Anthony Kraft and Mary Kathleen Craft, as trustee owners of the property operated as Lawn & Leisure, to facilitate the 291 North Interchange Project.
Background:
The City has engaged in planning and preparation efforts to proceed with transportation improvements to the Highway 50 and Highway 291 North Interchange and the relocation of Blue Parkway on the north side of Highway 50 in coordination with the interchange project (collectively the “Project”). The City and the Missouri Highways and Transportation Commission (MHTC) executed a Cost Share Agreement dated January 10, 2022 (the “Cost Share Agreement”).
The property that contains the establishment that is operated as Lawn & Leisure is owned by a trust which has the full title: “THOMAS ANTHONY KRAFT AND MARY KATHLEEN KRAFT, as Trustees of the trust created by Trust Agreement of Thomas Anthony Kraft, dated April 11, 1990, as to an undivided 1/2 interest, and Thomas Anthony Kraft and Mary Kathleen Kraft as Trustees of the trust created by Trust agreement of Mary Kathleen Kraft, dated April 11, 1990, as to an undivided 1/2 interest.” (collectively referenced as “L&L” or “Lawn & Leisure”)
The City and MHTC executed a “Missouri Highways and Transportation Commission Road Relinquishment Agreement” dated April 1, 2024 (the “Road Relinquishment Agreement”). The Road Relinquishment Agreement provides for the transfer of certain portions of Blue Parkway from the State to the City in connection with the Project including that portion near the L&L property within the Project area. The portions of Blue Parkway that are not being relocated is expected to be released by MHTC, and subsequent transactions between the relevant parties to facilitate the Project. The remaining portions of Blue Parkway that will be relocated are expected to be released by MHTC when construction or the new improvements is ready to commence. When Blue Parkway is fully transferred to the City, the City will be in a position to vacate that portion of Blue Parkway that will be transferred to private property owners to facilitate the Project. The City is proceeding according to a schedule approved by MoDOT. The actual schedule for the Project is controlled largely by MoDOT and is subject to changes according to the Cost Share Agreement.
QuikTrip Corporation (“QuikTrip”) owns the property at 801 SE M-291 Highway and 702 SE Blue Parkway, which is adjacent to the L&L Parcel. The City is coordinating with QuikTrip to acquire land from QuikTrip for rights-of-way needed for the Project. The City has entered into a separate agreement with QuikTrip to facilitate the land transactions. When the City acquires the necessary land from QuikTrip that is west of the L&L Parcel, the City will be in a position to make the L&L Remnant Parcel available as defined herein and set forth in this MOU.
L&L operates a business on the parcel located at 706 SE Blue Parkway which is owned by Thomas Anthony Kraft as Trustee (the “L&L Parcel”). In order to allow for the relocation of Blue Parkway as part of the Project, a certain portion of that right-of-way will be transferred to the City according to the Road Relinquishment Agreement, which is shown in pink on Exhibit C to the Cost Share Agreement and designated for transfer according to the Road Relinquishment Agreement. In furtherance of the Project and the easements needed by the City for the Project, the Parties to the MOU seek to facilitate the transfer of the roughly triangular-shaped parcel depicted on Exhibit A to this MOU in pink and labeled as “TRACT of LAND (CITY TO LAWN & LEISURE)” (the “L&L Remnant Parcel”), which is excess remnant property which is generally located in the southeast corner of the new 7th Terrace and Blue Parkway intersection, which may be used by L&L for future parking expansion, and which is an otherwise a non-developable tract of land since it has no street access.
In exchange for the L&L Remnant Parcel, the City seeks to obtain from L&L:
(a) a temporary detour during construction on the east side of the L&L building, across the parcel located at 708 SE Blue Parkway, which will connect Blue Parkway and 7th Terrace, to facilitate construction of the Project; and
(b) right-of-way easements, along with temporary construction easements, at the northwest and southwest corner of L&L Property where depicted on Exhibit B to the MOU.
Impact/Analysis:
This agreement is necessary to acquire easements for the 291 North Interchange project. Successfully completing the land acquisitions for the project is a precondition for construction to commence.
Timeline:
Bids are expected to be obtained this calendar quarter. The acquisition set forth in this agreement will happen for construction work to begin.
Presenter
David Bushek, Chief Counsel of Economic Development & Planning
Recommendation
Recommendation: Staff recommends approval of the ordinance to complete the land acquisition from the Lawn & Leisure property