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.
__________________________________________________________
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.
__________________________________
Secretary, City Plan
Commission
Approved as to form and
legality:
__________________________________
Assistant City Attorney