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Legislation #: 050560 Introduction Date: 5/19/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting certain Parcel Redevelopment Agreements as assignments of certain development rights with respect to the River Market Development Plan by Old Town Redevelopment Corporation; and releasing Old Town Redevelopment Corporation as it relates to those certain development rights. (Case 324-S)

Legislation History
DateMinutesDescription
5/17/2005 Filed by the Clerk's office
5/19/2005 Referred to Planning, Zoning & Economic Development Committee
5/25/2005 Advance and Do Pass, Consent
5/26/2005 Passed

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050560.pdf Authenticated 324K Authenticated
C000324_FactSheet_Assignment_05_02_05.doc Fact Sheet 69K fact sheet

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ORDINANCE NO. 050560

 

Accepting certain Parcel Redevelopment Agreements as assignments of certain development rights with respect to the River Market Development Plan by Old Town Redevelopment Corporation; and releasing Old Town Redevelopment Corporation as it relates to those certain development rights. (Case 324-S)

 

WHEREAS, the Old Town Redevelopment Corporation, an urban redevelopment corporation of Missouri, organized under and pursuant to the Urban Redevelopment Corporation Act of 1945, as amended, did file with the City Clerk an application for approval of the River Market Development Plan which was approved by the City Council by Ordinance No. 56936, as amended, passed September 13, 1984, and said ordinance also authorized a contract between the City and Old Town Redevelopment Corporation (Redevelopment Contract); and

 

WHEREAS, the Redevelopment Contract, dated October 8, 1984, was executed between the City of Kansas City, Missouri, and the Old Town Redevelopment Corporation (Old Town) and was recorded in the Jackson County Department of Records as Document No. K632577, in Book K1357, beginning at Page 650; and

 

WHEREAS, the First Amended Development Plan of Old Town was approved by the City Council on May 18, 1989, through Ordinance No. 64067 and the First Supplementary Contract was executed on June 13, 1989, and recorded as Document No. K0883133, Book 1925, Pages 2036-2050; and

 

WHEREAS, the Second Amended Development Plan of Old Town was approved on November 14, 1996, through Ordinance No. 961242 and the Second Supplementary Contract was executed on December 19, 1996 and recorded as Document No. K0059228 at Book 2942, Pages 2194-2203

 

WHEREAS, the River Market Development Plan provides for the redevelopment and rehabilitation of the River Market area;

 

WHEREAS, the Redevelopment Contract provides that no assignment of the rights and obligations contained therein can be made releasing Old Town Redevelopment Corporation without the approval of the City; and

 

WHEREAS, certain Parcel Redevelopment Agreements have been executed by Old Town Redevelopment Corporation and certain property owners allowing those property owners to rehabilitate their properties as provided under the Development Plan and Old Town now desires that the City accept these Parcel Development Agreements as assignments and transfers of the rights, obligations and interests in the Development Plan in accordance with the Redevelopment Contract as it applies to each individual property that is the subject of the Parcel Development Agreements; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City hereby accepts the Parcel Redevelopment Agreement executed by Old Town Redevelopment Corporation and Melvin Mallin as an assignment of all of its rights, title, obligations and interest in and to the River Market Development Plan and in accordance with the Redevelopment Contract as it affects all of the property legally described as:

 

208 Delaware:

 

Blocks 10-14 and 18 and 19 and 23 through 25, North 5 feet of Lot 98 and all of Lot 99, Block 10, OLD TOWN; and

 

210 Delaware:

 

Blocks 10-14 and 18 and 19 and 23 through 25, South 40 feet of Lot 100, OLD TOWN.

 

and the assignment is hereby approved. A copy of said Parcel Redevelopment Agreement, dated October 23, 1991, and recorded as Document No. K1002703 on December 26, 1991, is attached hereto and incorporated herein by reference.

 

Section 2. That the City hereby accepts the Parcel Redevelopment Agreement executed by Old Town Redevelopment Corporation and James L. and Dorothy S. Stotts and Michael W. and Barbara L. Barker as an assignment of all of its rights, title, obligations and interest in and to the River Market Development Plan and in accordance with the Redevelopment Contract as it affects all of the property legally described as:

 

116 W. 3rd Street:

 

Lots 1 and 2 and the West 47.5 feet of the South 22 feet of Lot 7, Block 10, King & Boutons Resurvey, a subdivision in Kansas City, Jackson County, Missouri according to the recorded plot thereof.

 

and the assignment is hereby approved. A copy of said Parcel Redevelopment Agreement, dated June 2, 1992, and recorded as Document No. K1026360, Book 2252, Pages 22-33 on June 2, 1992, is attached hereto and incorporated herein by reference.

 

Section 3. That the City hereby accepts the Parcel Development Agreement executed between Old Town Redevelopment Corporation and M-Squared Properties, Inc. as an assignment of all of its rights, title, obligations and interest in and to the River Market Development Plan and in accordance with the Redevelopment Contract as it affects all of the property legally described as:

 

112 E. Missouri Avenue:

 

All of the West 88 feet, measured on front and rear lines, of Lot 251, Block 26, OLD TOWN, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

and the assignment is hereby approved. A copy of said Parcel Development Agreement, dated December 10, 1996, and recorded as Document No. K0057356 on December 16, 1996, is attached hereto and incorporated herein by reference.

 

Section 4. That the City hereby accepts the Parcel Development Agreement executed by Old Town Redevelopment Corporation and Riverbend Lofts, L.L.C. as an assignment of all of its rights, title, obligations and interest in and to the River Market Development Plan and in accordance with the Redevelopment Contract as it affects all of the property legally described as:

 

200 Main:

 

All of Lots 89, 90 and 91, Block 9, all in THE TOWN OF KANSAS, commonly called OLD TOWN, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof; EXCEPT all of Lot 89 lying South of the following described line: Beginning at a point on the East line of said Lot 89, 41.69 feet North of the Southeast corner thereof; thence West to a point on the West line of said lot, 41.23 feet North of the Southwest corner thereof, Block 9, TOWN OF KANSAS, commonly called OLD TOWN; and

 

The South 40 feet of Lot 83 and all of Lots 84, 85 and 86, Block 8, TOWN OF KANSAS AKA OLD TOWN, together with the vacated alleys lying East and adjacent said lots, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

and the assignment is hereby approved. A copy of said Parcel Development Agreement, dated October 10, 1997, and recorded as Document No. 1997K0049283 on October 17, 1997, is attached hereto and incorporated herein by reference.

 

Section 5. That the City hereby accepts the Parcel Development Agreement executed by Old Town Redevelopment Corporation and 523 Grand Properties, L.P. as an assignment of all of its rights, title, obligations and interest in and to the River Market Development Plan and in accordance with the Redevelopment Contract as it affects all of the property legally described as:

 

523 Grand:

 

TRACT I:

 

All of that part of Lots numbered Two Hundred and fifty-nine (259) and Two Hundred and Sixty (260) in Block Twenty-seven (27) in OLD TOWN, now a part of Kansas City, Missouri, described as follows, to wit: Beginning at the intersection of the north line of Missouri Avenue, with the East line of Grand Avenue, as said Avenues are now established in said Kansas City, Missouri, said point of beginning being the Southwest corner of said lot numbered Two Hundred and Sixty (260), running thence in an Easterly direction along the northerly line of said Missouri Avenue, Eighty-eight and one-half (88 1/2) feet, more or less to the Westerly line of an alley running North and South through said block, as established under Ordinance No. 29344 of said City; thence Northerly along the said Westerly line of said alley; One Hundred (100) feet to a point Forty (40) feet, North of the Southerly line of said lot numbered Two Hundred and Fifty-nine (259); thence in a Westerly direction, parallel with the Northerly line of Missouri Avenue, Eighty-eight and one-half (88 1/2) feet, more or less, to the Easterly line of Grand Avenue; thence Southerly along said Easterly line of Grand Avenue, One Hundred (100) feet to place of beginning; and

 

TRACT II:

 

All that part of Lot Two hundred Fifty-nine (259), in Block Twenty-seven (27) in OLD TOWN, now City of Kansas City, Missouri, described as follows: Beginning at a point on the East line of Grand Avenue, Forty (40) feet Northerly of the Southwest Corner of said Lot Two Hundred Fifty-nine (259), said point of beginning being the Northwest corner of that part of said lot heretofore conveyed by said parties of the first part to said party of the second party, and running thence in an Easterly direction, parallel with the South line of said lot, Eighty-eight and one-half (88 1/2) feet, more or less, to the Westerly line of an alley running North and South through said block, as said alley is established under Ordinance No. 29344, of said City; thence Northerly along the Westerly line of said alley, Five (5) feet, to a point Forty-five (45) feet North of the Southerly line of said lot; thence in a Westerly direction, parallel with the South line of said lot, Eighty-eight and one-half (88 1/2) feet, more or less, to the Easterly line of Grand Avenue; thence Southerly along said Easterly line of Grand Avenue, Five (5) feet to the place of beginning.

 

and the assignment is hereby approved. A copy of said Parcel Development Agreement, dated January 21, 2000, and recorded as Document No. 2000K5451 on February 2, 2000, is attached hereto and incorporated herein by reference.

 

Section 6. That the City hereby accepts the Parcel Development Agreement executed by Old Town Redevelopment Corporation and Townley Lofts, L.L.C. as an assignment of all of its rights, title, obligations and interest in and to the River Market Development Plan and in accordance with the Redevelopment Contract as it affects all of the property legally described as:

 

200 Walnut:

 

All of Lots 77 thru 81 inclusive and all of the 16.00 foot wide vacated alley (vacated by Ordinance No. 36979) lying West of and adjoining said Lots 77 thru 81 of Block 8 PLAT OF THE TOWN OF KANSAS, commonly called OLD TOWN, a subdivision in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the intersection of South right-of-way line of 2nd Street and the West right of-way line of Walnut; thence South 00 degrees 02 minutes 11 seconds East along the West right-of-way of Walnut a distance of 299.77 feet (plat=300) to the Intersection of the West right-of-way of Walnut and the North right-of-way 3rd Street; thence South 89 degrees 59 minutes 12 seconds West along the North right-of-way 3rd Street a distance of 158.71 feet; to the Intersection of the North right-of-way 3rd Street and the West line of said vacated alley; thence North 00 degrees 03 minutes 50 seconds East along the West line of said vacated alley a distance of 299.74 feet (plat=300) to the intersection of the South right-of-way of 2nd Street and the West right-of-way of said vacated alley; thence North 89 degrees 58 minutes 32 seconds East along the South right-of-way of 2nd Street a distance of 158.19 feet (plat=158) to the point of beginning.

 

and the assignment is hereby approved. A copy of said Parcel Development Agreement, dated August 15, 2001, and recorded as Document No. 2002K0000085 on January 2, 2002, is attached hereto and incorporated herein by reference.

 

Collectively, these property owners referred to in Sections 1 through Section 6 are referred to herein as the Parcel Development Agreement Property Owners.

 

Section 7. The City accepts and acknowledges the Parcel Development Agreement Property Owners as the assignees of Old Town Redevelopment Corporation's rights, title and interest in and to any and all governmental approvals and development rights, redevelopment rights, certificates of necessity, rights under any condemnation proceedings, tax abatements, development plans and any and all rights under the River Market Development Plan and the Redevelopment Contract as it relates solely to the individual properties described above which Old Town Redevelopment Corporation now owns or to which in the future Old Town Redevelopment Corporation may become entitled to with respect to the properties described above. The Parcel Development Agreement Property Owners shall have no obligation as to any property not assigned to them individually.

 

Section 8. That Old Town Redevelopment Corporation is hereby released and discharged of its rights and obligations with respect to the River Market Development Plan and under the Redevelopment Contract, for the properties legally described above in Sections 1 through Section 6, accruing after the effective date of this ordinance. Old Town Redevelopment Corporation is not released from any liability for actions prior to the effective date of this ordinance.

 

Section 9. All other rights, duties and obligations of Old Town Redevelopment Corporation, not affected by the Assignment and Assumption Agreement, shall remain in full force and effect.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Heather A. Brown

Assistant City Attorney