ORDINANCE NO. 061028
Authorizing an Amended and
Restated Encroachment and Indemnification Agreement running with the land
between Kansas City and Pershing Road Development Company, LLC, in connection
with construction of the Internal Revenue Service facilities over five public
sewer lines located in easements in the area of W. 25th Street and Broadway
Street; authorizing a permanent easement agreement for sewer improvements with
Pershing Road Development Company, LLC in Jackson County; and directing the
City Clerk to record this ordinance and these agreements.
WHEREAS, the
City entered into an Encroachment and Indemnification
Agreement on November 15, 2004, with Pershing Road Development Company, LLC
(the Developer) for the benefit of the City in connection with Developer
constructing an Internal Revenue Service Facility ( IRS Facility) over five
public sewer lines; and
WHEREAS, Developer and the City desire to amend and restate
in their entirety the terms and conditions of the Original Agreement to reflect
construction and property ownership changes; and
WHEREAS, City desires to obtain,
and the Developer desires to grant, an easement for sewer improvements at the
IRS Facility; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the Director of Water Services is hereby authorized to execute, on behalf of
Kansas City, an Amended and Restated Encroachment and Indemnification Agreement
running with the land between Kansas City and Pershing Road Development
Company, LLC, in connection with construction of a structured parking facility
and processing center over sewer lines located in easements in the area of W.
25th Street and Broadway Street. A copy of the amended agreement is on file in
the office of the Director of Water Services.
Section 2. That
the Director of Water Services is hereby authorized to execute, on behalf of
Kansas City, a Permanent Easement for Sewer Mains and Appurtenances with
Pershing Road Development Company, LLC. for sewer improvements at the IRS
Facility.
Section 3. That
upon the effective date of this Ordinance, the City Clerk is hereby directed to
cause this Ordinance and these agreements to be recorded in the Office of the
Recorder of Deeds for Jackson County, Missouri, at Kansas City.
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Approved as to form and legality:
__________________________
Cecilia OConnor Abbott
Assistant City Attorney