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Legislation #: 061012 Introduction Date: 9/14/2006
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. (324-S)

Legislation History
DateMinutesDescription
9/14/2006 Filed by the Clerk's office
9/14/2006 Referred to Planning, Zoning & Economic Development Committee
9/20/2006 Advance and Do Pass, Debate
9/21/2006 Passed

View Attachments
FileTypeSizeDescription
061012.pdf Authenticated 272K Authenticated
C000324_FactSheet_Assignment_08_31_06.doc Fact Sheet 54K fact sheet

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ORDINANCE NO. 061012

 

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. (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 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 (hereinafter referred to as 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) which Contract 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; and

 

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

 

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 Redevelopment Agreement executed between Old Town Redevelopment Corporation and Old Town Partners, 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:

 

213 Delaware (Askew Saddlery):

 

Lots 93 and 94, and the south 6 inches of Lot 92, Block 9, THE TOWN OF KANSAS, commonly called OLD TOWN, a subdivision in Kansas City, Jackson County, Missouri.

 

and the assignment is hereby approved. A copy of said Redevelopment Agreement, dated February 24, 1993, and recorded as Document No. K1068421, Book 2358 at Page 2057 on February 25, 1993, is attached hereto and incorporated herein by reference.

 

Section 2. That the City hereby accepts the Redevelopment Agreement executed between Old Town Redevelopment Corporation and Old Town Partners II, 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:

 

6 W. 3rd Street (Volker Place):

 

Lots 87 and 88, and 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, THE TOWN OF KANSAS, commonly called OLD TOWN, a subdivision in Kansas City, Jackson County, Missouri.

 

and the assignment is hereby approved. A copy of said Redevelopment Agreement, dated September 28, 1995, and recorded as Document No. K1215187, Book 2751, Pages 1240 on October 11, 1995, 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 Old Town Partners IV, 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:

 


200 Delaware (Chase Apartments):

 

All that part of Lots 100 and 101, Block 10, THE TOWN OF KANSAS, (Also known as OLD TOWN), a subdivision in Kansas City, Jackson County, Missouri, being described as follows: Beginning at the Northeast corner of said Lot 101; thence South 25 degrees 00 minutes 00 seconds East, along the East line of said Lots, 30.00 feet Westerly of and parallel with the centerline of Delaware Street, 79.99 feet (Deed = 80.00 feet); thence South 64 degrees 43 minutes 52 seconds West, 20.00 feet Southerly of and parallel with the North line of said Lot 100, 142.94 feet (Deed = 141.00 feet); thence Northerly along a curve to the right having a radius of 120.66 feet and an initial tangent bearing of North 17 degree 58 minutes 22 seconds West, an arc distance of 46.87 feet (Deed = 47.12 feet) thence North 47 degrees 56 minutes 26 seconds East, 14.25 feet; thence north 47 degrees 56 minutes 19 seconds East, 109.63 feet (Deed = 109.85+ feet) to the North line of said Lot 101; thence North 64 degrees 43 minutes 52 seconds East, along said line 30.00 feet Southerly of and parallel with the centerline of Second Street, 10.00 feet to the point of beginning.

 

and the assignment is hereby approved. A copy of said Parcel Development Agreement dated April 27, 2000 and recorded as Document No. 2000K0023705 on May 2, 2005 is attached hereto and incorporated herein by reference.

 

Collectively, these property owners referred to in Sections 1 through Section 3 are referred to herein as the Parcel Development Agreement Property Owners.

 

Section 4. 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 5. That Old Town Redevelopment Corporation is hereby released and discharged of its rights and obligations with respect to the Development Plan and under the Redevelopment Contract, for the properties legally described above in Sections 1 through Section 3, 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 6. 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