ORDINANCE NO. 970327

Approving the assignment of certain development rights with respect to Phase 2 by Brush Creek Redevelopment Corporation to Jefferson At The Plaza Redevelopment Corporation; releasing Brush Creek Redevelopment Corporation as it relates to those certain development rights; approving the third amendment to the development plan submitted by Jefferson At The Plaza Redevelopment Corporation; authorizing the Director of Finance to enter into a Third Supplemental Contract with Jefferson At The Plaza Redevelopment Corporation; and recognizing the eminent domain rights previously granted.

WHEREAS, the Brush Creek 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. 59071, as amended, passed March 7, 1986, and confirmed by the voters at a general election on August 5, 1986, and said ordinance also authorized a contract between the City and Brusk Creek Redevelopment Corporation; and

WHEREAS, Brush Creek Redevelopment Corporation did file a First Amendment to the Development Plan and said First Amendment was approved by the City Council by Ordinance No. 61183; and

WHEREAS, Brush Creek Redevelopment Corporation did file a Second Amendment to the Development Plan and said Second Amendment was approved by the City Council by Ordinance No. 65014; and

WHEREAS, the Director of Finance was authorized to execute a Second Supplemental Contract pursuant to the second amendment to development plan approval, hereinafter referred to as "Second Supplemental Contract"; and

WHEREAS, said Second Supplemental Contract provides that no assignment of the rights and obligations contained therein could be made releasing Brush Creek without the approval of the City; and

WHEREAS, Brush Creek now desires to assign and transfer certain development rights to Jefferson At The Plaza Redevelopment Corporation; and

WHEREAS, Jefferson At The Plaza Redevelopment Corporation has filed a third amendment to the development plan with the City Clerk; and

WHEREAS, legal notice for a public hearing on the proposed third amendment to the development plan was published on November 18, 1996; and

WHEREAS, pursuant to said legal notice, a public hearing was held by the City Plan Commission on January 7, 1997; and

WHEREAS, the City Plan Commission has made an independent study and investigation of the proposed third amendment to the development plan and did recommend approval of the proposed third amendment to the development plan and did recommend approval of tax abatement for Phase II and said City Plan Commission has filed with the City Clerk a report recommending approval of same, said report being attached hereto as Exhibit "A"; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the assignment by Brush Creek Redevelopment Corporation to Jefferson At The Plaza Redevelopment Corporation of all its rights, title, obligations and interest with respect to Phase 2 and affects certain property legally described as:

All of Lot 5 and that part of Lot 4, Brush Creek Redevelopment, a subdivision according to the recorded plat thereof; together with all of Lots 14 through 18, inclusive, Block 1 and all of Lots 1 and 2 and that part of Lots 3, 4, 7, 8 and 9, Block 4, and all of Lots 1 through 4, inclusive and Lots 9 through 12, inclusive, together with that part of Lots 5 and 8, Block 5, with Blocks 1, 4 and 5, being part of New Southmoreland, a subdivision, according to the recorded plat thereof; together with that part of McGee Street from the north line of Lot 7, Block 1 to the northerly line of Brush Creek Parkway, as now established, and that part of 48th Street from the west line of Oak Street to the east line of Grand Avenue and the east half of Grand Avenue, all in Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the northwest corner of Lot 18, Block 1 of said New Southmoreland; thence South 2 29'20" West along the east line of said Lot 18 and along the east line of said Lots 17 and 16 and its southerly prolongation and along the east line of Lots 1 through 4, inclusive, Block 5 of said New Southmoreland and along the west right of way line of Oak Street, as now established, a distance of 411.40 feet to the southeast corner of Lot 4 of said Block 5, and a jog in said west right of way line; thence North 87 11'30" West along said jog and along the south line of said Lot 4, a distance of 5 feet; thence South 2 29'20" West along said west right of way line, a distance of 43.01 feet to a point on the northerly line of said Brush Creek Parkway as now established; thence the following courses and distances along said northerly line; thence North 87 11'30" West, 79.87 feet; thence North 82 29'02" West, 216.42 feet; thence North 57 02'50" West, 69.59 feet; thence North 87 14'17" West, 75 feet; thence North 54 13'26" West, 268.48 feet to a point on the west line of Lot 9, Block 4 of said New Southmoreland; thence North 2 28'33" along said northerly line and along the west line of said Lot 9, a distance of 43.52 feet to the northwest corner thereof, being also a point on the south right of way line of said 48th Street; thence North 42 25'41" West along the northerly line of said Brush Creek Parkway, a distance of 42.51 feet to a point of intersection with the west line of the east half of said Grand Avenue; thence North 2 27'42" East along said west line, a distance of 179.73 feet to a point on the south line of Lot 5 of said Brush Creek Redevelopment; thence North 87 23'40" West along said south line, a distance of 86.09 feet to an angle point in the southwesterly line of said Lot 5, being also a point on the northeasterly line of Mill Creek Parkway, as now established; thence North 22 08'04" West along said southwesterly line and along said northeasterly line, a distance of 38.54 feet to the northwest corner of said Lot 5; thence the following courses and distances along the northerly line of said Lot 5; thence South 87 23'40" East, 233.78 feet; thence North 2 36'20" East, 182.94 feet; thence South 87 23'44" East, 56.83 feet; thence easterly and northeasterly along curve to the left tangent to the last described course, having a radius of 60 feet and a central angle of 4 43'00", an arc distance of 4.94 feet; thence North 2 36'20" East, 7.12 feet; thence easterly and northeasterly along a curve to the left, having an initial tangent bearing of South 88 08'12" East, a radius of 37.50 feet and a central angle of 50 47'42", an arc distance of 33.35 feet to a point of reverse curvature; thence northeasterly and easterly along a curve to the right, having a common tangent with the last described curve, a radius of 37.50 feet and a central angle of 51 23'53", an arc distance of 33.64 feet; thence South 87 42'01" East, tangent to the last described curve, a distance of 77.85 feet to a point on the east line of said Lot 4, being also a point on the west right of way line of McGee Street, as now established; thence South 87 28'56" East, 60 feet to a point on the west line of Lot 7, Block 1 of said New Southmoreland, being also a point on the east right of way line of said McGee Street; thence South 2 31'04" West along said east right of way line, a distance of 304.50 feet to the northwest corner of Lot 14, Block 1 of said New Southmoreland; thence South 87 25'23" East along the north line of said Lot 14, a distance of 150.13 feet to the northeast corner thereof; thence North 2 30'12" East, 50.13 feet to the northwest corner of Lot 18 of said Block 1; thence South 87 23'50" East along the north line of Lot 18 of said Block 1, a distance of 150.12 feet to the point of beginning. Containing 7.607 acres, more or less.

is hereby approved. A copy of said assignment and release is attached hereto and incorporated herein by reference.

Section 2. That Brush Creek Redevelopment Corporation is hereby released and discharged of its rights and obligations with respect to Phase 2, for the property legally described above in Section 1, accruing after the effective date of this ordinance. Brush Creek Redevelopment Corporation is not released from any liability for actions accruing prior to the effective date of this ordinance.

Section 3. That the application of the Jefferson At The Plaza Redevelopment Corporation for approval of a third amendment to the Development Plan, including all exhibits incorporated therein and filed with the City Clerk on September 28, 1989, and as hereafter revised, is hereby incorporated herein by reference and approved as a Third Amendment to the Development Plan as originally approved by Ordinance No. 59071, as amended, passed March 7, 1986; as amended by Ordinance No. 61183, passed June 25, 1987; and as approved as the Second Amendment to the Development Plan by Ordinance No. 65014, passed December 28, 1989. A copy of said application and exhibits, as revised, are on file in the office of the City Clerk under Document No. 970327, which is attached hereto and made a part hereof.

Section 4. That the Council hereby finds and declares that good cause has been shown for the approval of said Third Amendment to the Development Plan of Jefferson At The Plaza Redevelopment Corporation and that the findings and declarations made by the Council in Section 2 of Ordinance No. 59071, as amended, with respect to the Development Plan of Brush Creek Redevelopment Corporation, have not been effected by the amendments thereto and equally apply to said Development Plan, as amended.

Section 5. That the Council hereby finds and determines that the public convenience and necessity will be served by the amended Development Plan.

Section 6. That the Director of Finance be, and she is hereby, authorized and directed on behalf of the City to enter into a Third Supplemental Contract with the Jefferson At The Plaza Redevelopment Corporation, a copy of which is attached hereto as Exhibit "B", and which is incorporated herein by reference.

Section 7. That the power of eminent domain previously granted under Ordinance No. 59071, as amended, remains in full force and effect as set forth in the Third Amendment to the Development Plan, paragraph Q, page 10.

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I hereby certify that all public notices and hearings required by Chapter 74, Code of Ordinances of the City of Kansas City, Missouri, have been given and had.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney