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Legislation #: 080221 Introduction Date: 2/28/2008
Type: Ordinance Effective Date: 3/16/2008
Sponsor: None
Title: Repealing Ordinance No. 071147 that approved the plat of Market Station and enacting a new ordinance that approves the plat of Market Station because the developer requested authorization to construct sanitary sewer and storm sewer improvements instead of street improvements required by the development plan; approving the plat of Market Station; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1363)

Legislation History
DateMinutesDescription
2/26/2008 Filed by the Clerk's office
2/28/2008 Referred to Planning and Zoning Committee
3/5/2008 Advance and Do Pass as a Committee Substitute, Debate
3/6/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080221 Recorded Documents.pdf Recorded Info 1626K Recorded Documents
080221.pdf Authenticated 147K Authenticated
2nd St.- Deferral Agmt-Est-Rev.pdf Other 70K 2nd St. Deferral Agmt-Rev Est.
Market Station Fact sheet.doc Advertise Notice 53K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080221

 

Repealing Ordinance No. 071147 that approved the plat of Market Station and enacting a new ordinance that approves the plat of Market Station because the developer requested authorization to construct sanitary sewer and storm sewer improvements instead of street improvements required by the development plan; approving the plat of Market Station; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1363)

 

WHEREAS, on September 6, 2007, the City Council passed Ordinance No. 070884 that approved a development plan for an area approximately 5.3 acres generally located north of 3rd Street between Broadway Boulevard and Delaware Street, to allow for the construction of a 326 unit apartment complex; and

 

WHEREAS, the development plan required the developer to construct an easterly extension of Second Street from Wyandotte Street to the eastern property line of the Property; and

 

WHEREAS, the developer caused the property to be platted and on November 8, 2007, the City Council passed Ordinance No. 071147 that approved the plat of Market Station; and

 

WHEREAS, the developer now wishes to construct sanitary sewer and storm sewer improvements instead of the Second Street improvement required by the development plan; and

 


WHEREAS, the developer wishes to enter into a Secured Deferral Agreement for Public Street Improvements allowing the developer to defer the improvement to Second Street so that it may seek a change to the development plan relieving it of the obligation to construct the improvement to Second Street following approval and recording of the final plat; and

 

WHEREAS, the City Council now desires to repeal Ordinance No. 071147 and pass a new ordinance that allows the Director of City Development to execute a Secured Deferral Agreement for Public Street Improvements in Second Street, NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance No. 071147 is hereby repealed.

Section 2. That the plat of Market Station, a subdivision in Jackson County, Missouri, a true and correct copy of which is attached hereto and incorporated herein by reference, is hereby approved.

Section 3. That the plat granting and reserving unto Kansas City an easement and license or right to locate, construct, operate and maintain facilities including, but not limited to, water, gas, sewerage, telephone, cable TV, surface drainage, underground conduits, pad mounted transformers, service pedestals, any and all of them upon, over, under and along the strips of land outlined and designated on the plat by the words utility easement or U/E be and the same are hereby accepted and where other easements are outlined and designated on the plat for a particular purpose, be and the same are hereby accepted for the purpose as therein set out.

Section 4. That the Aviation and Noise Easement executed by Milepost Square Holdings, for the purposes as therein set out, in, through, over and across the air‑space above lands, of which lands the plat herein accepted is included, be and the same is hereby accepted and the original of said Aviation Easement is attached hereto and made a part hereof.

Section 5. That the grades of the streets and other public ways set out on the plat, herein accepted are hereby established at the top of curb, locating and defining the grade points which shall be connected by true planes or vertical curves between such adjacent grade points, the elevations of which are therein given, in feet above the City Directrix.

Section 6. That the Director of City Development is hereby authorized to execute a Deferral Agreement for the Installation of a Traffic Signal at the Intersection of Third Street and Grand Avenue, to be in a form substantially as that attached hereto as Exhibit A and incorporated herein by reference.


Section 7. That the Director of City Development is hereby authorized to execute a Secured Deferral Agreement for Public Street Improvements in Second Street to be in a form substantially as that attached hereto as Exhibit B and incorporated herein by reference, allowing the developer to seek an amendment to the development plan that would relieve the developer of the obligation to construct the improvements to Second Street and construct sanitary sewer and storm sewer improvements instead; but providing that if the City Council does not approve the amendment to the development plan the developer must construct the street improvements when construction of Second Street across the parcel to the east of and adjacent to the plat is undertaken to make a connection to the current terminus of Second Street at its intersection with Delaware Street.

Section 8. That the Director of City Development is hereby authorized to execute and/or accept any and all agreements necessary to clear the title of any right of way, utility easements or other public property dedicated on the plat.

Section 9. That the City Clerk is hereby directed to record copies of this ordinance, together with the documents described herein and all other relevant documents, when the plat has been released for recording, together with the Deferral Agreement for the Installation of a Traffic Signal at the Intersection of Third Street and Grand Avenue, in the Office of the Recorder of Deeds of Jackson County, Missouri. 

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Approved as to form and legality:

 

 

_________________________________

Sarah Baxter

Assistant City Attorney