ORDINANCE NO. 250972
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Sponsor: Councilmember Crispin Rea
Authorizing the City Manager to execute a Public Access Easement with West Bottoms - Propco Master, LLC and West Bottoms - Propco Master II, LLC for an area generally located at the northwest corner of West 11th Street and Santa Fe Street.
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WHEREAS, on December 15, 2022, Council approved Ordinance No. 221064 which authorized the City Manager to enter into a Predevelopment Agreement with West Bottoms Propco Master, LLC (the “Developer”) for the development of approximately 21.85 acres in the West Bottoms Area; and
WHEREAS, the Predevelopment Agreement defines and designates a Public Gather Open Space to be located at the northwest corner of West 11th Street and Santa Fe Street; and
WHEREAS, the Predevelopment Agreement requires the Developer to convey and record a permanent public access easement for the Public Gathering Open Space that is to be used for, and accessible to, the public consistent with other public parks within the city;
WHEREAS, the Developer owns the majority of the land underlying the Public Gathering Open Space in fee, legally described as follows: “Lots 17, 18, 19, 20, 21, 22, and 23, Block 43, Turner & Co's Addition to the City of Kansas, now Kansas City, a subdivision in Kansas City, Jackson County, Missouri, except the north 2.00 feet thereof. also, less and except, that 0.13 acre triangular tract of land beginning at the Southeast corner of the property described as Lots 17, 18, 19, 20, 21, 22, and 23, Block 43, Turner & Co's Addition to the City of Kansas, now Kansas City, a subdivision in Kansas City, Jackson County, Missouri, except the north 2.00 feet thereof; thence Westerly along the North right of way line of 11th Street a distance of 192.11 feet; thence Northeasterly a distance of 201.19 feet to a point on the easy line of the above described property; thence southerly along said east line a distance of 60.00 feet to the point of beginning” (“Tract 1”); and
WHEREAS, the remaining portion of the Public Gather Open Space, generally described as “that 0.13 acre triangular tract of land beginning at the Southeast corner of the property described as Lots 17, 18, 19, 20, 21, 22, and 23, Block 43, Turner & Co's Addition to the City of Kansas, now Kansas City, a subdivision in Kansas City, Jackson County, Missouri, except the north 2.00 feet thereof; thence Westerly along the North right of way line of 11th Street a distance of 192.11 feet; thence Northeasterly a distance of 201.19 feet to a point on the easy line of the above described property; thence southerly along said east line a distance of 60.00 feet to the point of beginning,” (“Tract 2”) is leased by the Developer from the Kansas City Terminal Railway Company; and
WHEREAS, the Developer intends to convey a perpetual public access easement for said Tract 1 and include Tract 2 with the same for the duration of its leasehold interest, including future renewals, for the construction, maintenance, and use of improvements within the Public Gathering Open Space and Kansas City Terminal Railway Company consents to the same; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Manager is authorized to execute the Public Access Easement and Maintenance Agreement, attached hereto in substantial form.
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Approved as to form:
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Abigail Judah
Assistant City Attorney