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 That Ordinance No. 071147 is hereby repealed.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.
__________________________________________
Approved
as to form and legality:
_________________________________
Sarah
Baxter
Assistant City Attorney