Title
An Ordinance approving a deed restriction for Pleasant Lea Park regarding restrictions limiting the use of the Park property to outdoor recreational use and maintaining and operating the Park property consistent with 43 CFR Part 17, in perpetuity, and authorizing the Mayor to execute the same. (PWC 11/13/23)
Body
Issue/Request:
An Ordinance approving a deed restriction for Pleasant Lea Park regarding restrictions limiting the use of the Park property to outdoor recreational use and maintaining and operating the Park property consistent with 43 CFR Part 17, in perpetuity, and authorizing the Mayor to execute the same.
Proposed Committee Motion:
I move to recommend to City Council approval of an Ordinance approving a deed restriction for Pleasant Lea Park regarding restrictions limiting the use of the Park property to outdoor recreational use and maintaining and operating the Park property consistent with 43 CFR Part 17, in perpetuity, and authorizing the Mayor to execute the same.
Proposed City Council Motion:
FIRST MOTION: I move for a second reading of an Ordinance approving a deed restriction for Pleasant Lea Park regarding restrictions limiting the use of the Park property to outdoor recreational use and maintaining and operating the Park property consistent with 43 CFR Part 17, in perpetuity, and authorizing the Mayor to execute the same.
SECOND MOTION: I move for the adoption of an Ordinance approving a deed restriction for Pleasant Lea Park regarding restrictions limiting the use of the Park property to outdoor recreational use and maintaining and operating the Park property consistent with 43 CFR Part 17, in perpetuity, and authorizing the Mayor to execute the same.
Background:
Pleasant Lea Park, located at 1100 SW Walnut St, is a 16.4 acre neighborhood park located in the Mission Woods and Hinsdale subdivisions (Park). The Parks Department was awarded a $250,000.00 grant from the Land and Water Conservation Fund (LWCF) for Pleasant Lea Park (Grant). The Grant is administered by the Department of the Interior National Park Service and the Missouri Department of Natural Resources. Improvements to the Park under the Grant started in November 2021 and were completed in September 2023. Improvements to the Park under this Grant include playground renovation with nature theming, park shelter installation, sport court renovation, trail improvements, ball field upgrades, ADA improvements, and nature interpretive play areas.
A condition of the Grant is the City executing a deed restriction limiting the use of the Park property to outdoor recreational use, and maintaining and operating the Park property consistent with 43 CFR Part 17, in perpetuity. The deed restriction prepared by the Missouri Department of Natural Resources is attached as an exhibit to the Ordinance.
The City of Lee’s Summit, Missouri Charter, Section 8.2(b) provides the Parks and Recreation Board authority to acquire and hold an interest in real property and dispose of real property subject to applicable restrictions. It further requires that all properties held by the Lee’s Summit Parks and Recreation Board shall be titled in the name of the City of Lee’s Summit, Missouri.
Section 4.4(d) of the Charter requires the Mayor to execute all documents and instruments conveying any interest in real property.
The Park Board has reviewed this request and has recommended approval of this deed restriction pending adoption of this Ordinance by the City Council and the Mayor's approval.
Presenter
Scott Ison, Chief Counsel of Infrastructure & Recreation
Recommendation
Staff recommends approval of an Ordinance approving a deed restriction for Pleasant Lea Park regarding restrictions limiting the use of the Park property to outdoor recreational use and maintaining and operating the Park property consistent with 43 CFR Part 17, in perpetuity, and authorizing the Mayor to execute the same.
Committee Recommendation