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Legislation #: 140230 Introduction Date: 3/27/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing execution of a Release and Termination of a Deferral Agreement of Grading and Construction of N.W. 88th Street Prairie Hills North for certain sidewalk improvements on the north side of N.W. 88th Street between N. Chatham and N. Camden Avenues between P.I.A. Kansas City, Inc. and the City of Kansas City, Missouri.

Legislation History
DateMinutesDescription
3/19/2014 Filed by the Clerk's office
3/27/2014 Referred to Transportation & Infrastructure Committee
4/3/2014 Advance and Do Pass, Consent
4/3/2014 Passed

View Attachments
FileTypeSizeDescription
140230.pdf Authenticated 171K Authenticated
140230 Fact Sheet.pdf Fact Sheet 202K Fact Sheet
89008223-NW88thStreet-Map.pdf Maps 2180K map
89008223-Ordinance 61401.pdf Other 390K ordinance
89008223-Def agree for Prairie Hills North SELF62.pdf Agreement 1270K agreement

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ORDINANCE NO. 140230

 

Authorizing execution of a Release and Termination of a Deferral Agreement of Grading and Construction of N.W. 88th Street Prairie Hills North for certain sidewalk improvements on the north side of N.W. 88th Street between N. Chatham and N. Camden Avenues between P.I.A. Kansas City, Inc. and the City of Kansas City, Missouri.

 

WHEREAS, Ordinance Nos. 60615 and 60616 amended the KCIA plan to rezone property generally south of N.W. 88th Street, west of N. Green Hills Road, and north of Route 152; and

 

WHEREAS, Ordinance No. 61401, passed August 11, 1987, authorized the final plat of Prairie Hills North and certain agreements; and

 

WHEREAS, the City entered into a Deferral Agreement dated September 24, 1987 ("Deferral Agreement"), with P.I.A. Kansas City, Inc. (“Developer”) in connection with the platting of Prairie Hills North legally described as:

 

A subdivision of land in the Southwest Quarter of Section 5, Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Commencing at the southeast corner of said Southwest Quarter; thence North 0 degrees 24 minutes 57 seconds East along the east line of said Southwest Quarter, 803.40 feet; thence North 88 degrees 07 minutes 48 seconds West, 90.03 feet to a point on the west right-of-way line of Green hills Road, as now established, said point being the True Point of Beginning of the tract to be herein described; thence South 0 degrees 24 minutes 57 seconds West along said right of-way line, 63.58 feet; thence South 17 degrees 00 minutes 01 seconds West along said right-of-way line, 156.44 feet to a point on the north right-of-way line of Missouri State Highway Route 152, as now established; thence South 75 degrees 46 minutes 40 seconds West along said right-of-way line, 420.31 feet; thence South 80 degrees 18 minutes 06 seconds West along said right of-way line, 711.97 feet; thence North 89 degrees 10 minutes 39 seconds West along said right-of-way line, 698.26 feet; thence North 0 degrees 24 minutes 57 seconds East, 466.78 feet; thence South 88 degrees 07 minutes 48 seconds East, 900.29 feet; thence North 0 degrees 24 minutes 57 seconds East, 320.00 feet; thence South 88 degrees 07 minutes 48 seconds East, 580.80 feet; thence South 0 degrees 24 minutes 57 seconds West, 300 feet; thence South 88 degrees 07 minutes 48 seconds East, 369.97 feet to the True Point of Beginning.

 

WHEREAS, pursuant to the Deferral Agreement, Developers was required to secure all necessary permits and post the appropriate performance and maintenance bond for construction of the public street of N.W. 88th Street prior to the recording of the plat of “Prairie Hills” and to secure the additional permits for the grading and construction of sidewalks thirty (30) days after the necessary easements are secured, or prior to platting Phase II, whichever first occurs; and

 

WHEREAS, ownership interests changed over time and the second phase of Prairie Hills North never developed yet the construction of N.W. 88th Street was necessary for proper traffic flow for the adjacent Autumn Ridge subdivision; and

 

WHEREAS; Committee Substitute for Ordinance No. 100692, As Amended, established the 2011 GO Bond Fund and appropriated funding to construct N.W. 88th Street between N. Chatham and N. Camden Avenues; and

 

WHEREAS, Ordinance No. 110199 authorizing the Director of Public Works to execute a Cooperative Agreement with the Tax Increment Financing Commission for the construction of N.W. 88th Street between N. Chatham and N. Camden Avenues and those improvements were completed in 2013; and

 

WHEREAS, with the completion of the improvements the Deferral Agreement is no longer necessary; and

 

WHEREAS, the City has agreed to release the Deferral Agreement; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of the Department of Public Works is hereby authorized and directed to execute the Release and Termination of the Deferral Agreement. A copy of the release is on file in the Public Works’ Office.

 

___________________________________________________

 

Approved as to form and legality:

 

 

______________________________

Theodore T. Anderson

Associate City Attorney