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Legislation #: 130394 Introduction Date: 5/9/2013
Type: Ordinance Effective Date: 5/26/2013
Sponsor: COUNCILMEMBER REED
Title: Granting a temporary construction easement and an appurtenant easement over City-owned property related to the Beacon Hill Student Housing Project for the public purposes of elimination of blight and economic development.

Legislation History
DateMinutesDescription
5/9/2013 Filed by the Clerk's office
5/9/2013 Referred to Planning, Zoning & Economic Development Committee
5/15/2013 Advance and Do Pass as a Committee Substitute, Debate
5/16/2013 Councilmember Ford Move to Amend
5/16/2013 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
Easement Agree exec not recorded 6 14 13.pdf Other 834K Easement Agree exec not recorded
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130394 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130394
130394.pdf Authenticated 276K Authenticated
130394 Fact Sheet.pdf Fact Sheet 166K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130394, AS AMENDED

 

Granting a temporary construction easement and an appurtenant easement over City-owned property related to the Beacon Hill Student Housing Project for the public purposes of elimination of blight and economic development.

 

WHEREAS, in the furtherance of economic development and of the elimination of blight, the City has an interest in supporting the major housing development known as the Beacon Hill Redevelopment Project (the Redevelopment Project), located within the City generally bounded by the north and the south by 22nd and 27th Streets, Troost Avenue and Vine Street on the west and east; and

 

WHEREAS, Beacon Hill Student Housing Developers, L.C. (“BHSHD”), an affiliate of Beacon Hill Redevelopment Corporation, a Missouri redevelopment corporation and Beacon Hill Developers, LLC, a Missouri limited liability company (together, BHD) and the City’s designated master developer of the Redevelopment Project desire to construct or facilitate the construction of student housing and parking facilities (“Student Housing Project”) on the east side of Troost Avenue within the Redevelopment Project; and

 

WHEREAS, the Student Housing Project consists of (a) a housing facility that will accommodate approximately 250 occupants and (b) a structured parking garage that includes approximately 200 parking spaces; and

 

WHEREAS, at the request of BHSHD, in order to support the construction of the Student Housing Project, the City Council adopted Resolution No. 120329 on April 12, 2012, which expressed the Council’s priority support of the Student Housing Project and authorized the City Manager to take all steps necessary to move the Student Housing Project forward, including making application to the Missouri Development Finance Board (MDFB) for contribution tax credits (Tax Credits); and

 

WHEREAS, to further assist the Student Housing Project’s advancement, the City Council passed Committee Substitute for Ordinance No. 120405 on May 10, 2012, which recognized BHSHD as the developer of the Student Housing Project, recognized the Student Housing Project as a significant project of the City in cooperation with the University of Missouri - Kansas City (“UMKC”), and authorized the City Manager (a) to execute an agreement with BHSHD for the development of the Student Housing Project as well as to assemble the necessary land for the Student Housing Project, which land was owned by both the Housing and Economic Development Financial Corporation and the City and (b) to enter into a ground leasing agreement with BHSHD for the land; and

 

WHEREAS, the City Council also passed Ordinance No. 120435 on May 10, 2012, which authorized an application in the amount of $5,000,000.00 be submitted to MDFB to support the Student Housing Project and authorized the City Manager to execute a tax credit agreement with the MDFB and BHSHD in connection with the Tax Credits; and

WHEREAS, on or about May 24, 2012, the City and BHSHD entered into a Development Agreement, which established that BHSHD would, among other obligations, perform the design, engineering and construction of the Student Housing Projects and use its best efforts to attain the University of Missouri System (UMS) as lessee or sub-lessee of the Student Housing Project under a long term ground lease; and

 

WHEREAS, on December 18, 2012, with the significant assistance of BHSHD, MDFB approved the City’s application for Tax Credits in the sum of $4,492,830.00 for the construction of the parking facilities; and

 

WHEREAS, subject to final approval by the UMS Board of Curators, UMKC has indicated its desire to (a) support the Student Housing Project for use by UMKC students, including those who participate in the schools and programs affiliated with medical facilities located in the nearby Hospital Hill area of Kansas City, and (b) complement the long-standing efforts of the City to cause the removal of blight from the Redevelopment Project area; and

 

WHEREAS, the City and BHSHD entered in a Second Development Agreement, which restated their prior respective commitments to perform the obligations set forth in the previous agreements and added certain other requirements for complete implementation of the Student Housing Project; among which was that “BHSHD or its designee shall have the primary right to acquire from the City an easement over, across, under and through City owned property generally described as the north 100 feet of the vacant tract of land located at the Northwest corner of East 25th Street and Troost Avenue said vacant tract lying immediately south of the City Health Department, as may be beneficial to the Project, including but not limited to, right to construct and use of a pedestrian promenade which connects the Project to the UMKC Hospital Hill Campus, and to construct and use storm water and other infrastructure improvements”; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City hereby grants a temporary construction easement to Beacon Hill Student Housing Developers, L.C., as more fully described in the attached Temporary Construction and Appurtenant Easement Agreement, over, across and beneath the City-owned land lying within the following legal description: The south 25.00 feet of Lot 8, all of Lots 9 – 16, W.H. Collins Investment Company’s First Addition, a subdivision in Jackson County, Kansas City, Missouri, together with all of Lots 14 through 24 and the south 27.00 feet of Lot 25 of Block 4 of Beacon Hill and the West Half of Block 4 of Porter Place, a subdivision in Jackson County, Kansas City, Missouri.

 

Section 2. That the City hereby grants an appurtenant easement to Beacon Hill Student Housing Developers, L.C., as more fully described in the attached Temporary Construction and Appurtenant Easement Agreement, over, across and beneath an area not to exceed the northern 100 feet of the parcel described above in Section 1.

 

Section 3. That the Director of the General Services Department is hereby authorized to execute a Temporary Construction and Appurtenant Easement Agreement, in substantially the same form as that attached hereto, conveying the above-described easements and said Director is further authorized to execute any other documents needed to effectuate the conveyances described herein.

 

____________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Galen P. Beaufort

Senior Associate City Attorney