ORDINANCE NO AN ORDINANCE MAKING CERTAIN FINDINGS AND ESTABLISHING THE MALL REDEVELOPMENT DISTRICT

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1 Introduced: January 20, 2015 Passed: January 20, 2015 Published: January 23, 2015 ORDINANCE NO AN ORDINANCE MAKING CERTAIN FINDINGS AND ESTABLISHING THE MALL REDEVELOPMENT DISTRICT WHEREAS, K.S.A et seq., as amended (the "Act"), provides for the creation of redevelopment districts and the approval of redevelopment plans; and WHEREAS, the Mall Redevelopment District (the Redevelopment District ) consists of an area located within the boundaries of the City of Hutchinson, Kansas (the City ), legally described on Exhibit A and depicted on Exhibit B, each attached hereto, and which is generally described as an area bounded by Kansas State Highway K-61/Ken Kennedy Freeway on the west and north, E. 11 th Avenue on the south, and railroad tracks on the east (excluding the land occupied by the Walmart and Home Depot stores immediately adjacent to such railroad tracks); and WHEREAS, the City Council of the City of Hutchinson, Kansas (the City Council ) desires to promote, stimulate, and develop the general and economic welfare of the City and to assist in the development and redevelopment of eligible areas within the City, thereby promoting the general welfare of the citizens of the City; and WHEREAS, pursuant to the provisions of the Act, the City Council is authorized to establish redevelopment districts within eligible areas of the City as said terms are defined in the Act, to approve redevelopment district plans for the completion of redevelopment projects within such redevelopment project areas, and to finance all or a portion of redevelopment project costs from tax increment revenues and various fees collected within such redevelopment district, revenues derived from redevelopment projects, and other revenues described in the Act, or a combination thereof; and WHEREAS, the City Council desires to create the Redevelopment District. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS: Section 1. It is hereby found that pursuant to the authority granted by the Act, the City Council adopted Resolution No. 2014R40, on December 16, 2014 (the Resolution ), giving notice of a public hearing to consider the establishment of a redevelopment district to be known as the Mall Redevelopment District, and all required notices under the Act were properly and timely given. Section 2. A public hearing was held on January 20, 2015, with presentation of the abovedescribed Redevelopment District s boundaries and an opportunity for all interested persons to be heard, and the City Council hereby finds that the real property described in Exhibit A and generally depicted on Exhibit B is the same real property designated in the notice of public hearing given as required by the Act and Resolution No. 2014R40. Section 3. The City Council hereby finds and determines that the Redevelopment District is in an eligible area as an enterprise zone, as the area with the Redevelopment District was previously designated as an enterprise zone pursuant to K.S.A ,107 through 12-17,113, and amendments thereto, prior to A-1

2 their repeal, as set forth in Resolution No of the governing body of the City of Hutchinson, Kansas, adopted on December 12, Section 4. The City Council hereby finds that the conservation, development, or redevelopment of the Redevelopment District is necessary to promote the general and economic welfare of the City. Section 5. The Governing Body, having considered and reviewed the proposed Redevelopment District, hereby approves and establishes the Mall Redevelopment District as provided in the Act, which shall include one (1) project area, as legally described on Exhibit C and depicted on Exhibit D, each attached hereto. The district plan is hereby approved, and consists of one (1) redevelopment project that is generally described as a commercial development including, but not limited to, some or all of the following uses: retail and surface parking, as well as all associated public and private infrastructure. Section 6. The Mayor, City Manager, City Clerk, other officials and employees of the City, including the City Attorney, and any outside counsel engaged by the City, are hereby further authorized and directed to take such other action as may be appropriate or desirable to accomplish the purpose of this Ordinance. Section 7. This ordinance shall be in full force and effect and take effect from and after its passage, approval, and publication in the Hutchinson News. PASSED BY THE GOVERNING BODY, this 20 th day of January, 2015, for the City of Hutchinson, Kansas. ATTEST: Karen Weltmer, City Clerk Cindy Proett, Mayor APPROVED AS TO FORM ONLY: Paul Brown, City Attorney A-2

3 EXHIBIT A Legal Description of Redevelopment District A TRACT OF LAND IN THE NORTH HALF OF SECTION 8, TOWNSHIP 23 SOUTH, RANGE 5 WEST OF THE 6TH PRINCIPAL MERIDIAN, RENO COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF SECTION 8, TOWNSHIP 23 SOUTH, RANGE 5 WEST OF THE 6TH PRINCIPAL MERIDIAN, RENO COUNTY, KANSAS; THENCE NORTH 89 37'00 EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO A POINT WHICH IS FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER FOR A PLACE OF BEGINNING; THENCE NORTH 00 03'35" EAST PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET; THENCE SOUTH 89 37'00" WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO A POINT ON A CURVE ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF K-61 HIGHWAY WITH A RADIUS OF FEET; THENCE NORTH 33 44'48" EAST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE AND SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE NORTH 51 34'00" EAST ALONG SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE NORTH 46 09'23" EAST ALONG SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE NORTH 51 34'00" EAST ALONG SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE SOUTH 38 26'00" EAST A DISTANCE OF FEET; THENCE NORTH 51 34'00" EAST A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER WHICH POINT IS FEET SOUTH OF THE NORTHEAST CORNER, OF SAID NORTHWEST QUARTER AND FEET NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE SOUTH 25 47'00" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE SOUTH 51 34'00" WEST A DISTANCE OF FEET, THENCE SOUTH 38 26'00" EAST A DISTANCE OF FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE SOUTH 19 13'00" EAST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE SOUTH A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER WHICH POINT IS FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 37'00" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET; THENCE NORTH A DISTANCE OF FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF FEET; THENCE NORTH 19 13'00" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE NORTH 38 26'00" WEST A DISTANCE OF FEET; THENCE SOUTH 51 34'00" WEST A DISTANCE OF FEET TO A POINT ON A CURVE HAVING A RADIUS OF FEET; THENCE SOUTH 19 13'00" EAST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE SOUTH A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 37'00" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET; THENCE WITH THE LINES OF THE FINAL PLAT OF ELEVENTH AVENUE ANNEX, AN ADDITION TO THE CITY OF HUTCHINSON, A-3

4 RENO COUNTY, KANSAS, ACCORDING TO THE RECORDED PLAT THEREOF, THE FOLLOWING SEVEN (7) COURSES: FIRST COURSE - NORTH 00 02'10" WEST A DISTANCE OF FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF FEET; SECOND COURSE - NORTH 65 31'12" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET TO A POINT ON A CURVE HAVING A RADIUS OF FEET; THIRD COURSE - SOUTH 86 46'05" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; FOURTH COURSE -NORTH 55 27'36" WEST A DISTANCE OF FEET TO THE POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF FEET; FIFTH COURSE - NORTH 48 40'11" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET TO A POINT ON A CURVE HAVING A RADIUS OF FEET; SIXTH COURSE - SOUTH 23 35'44" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; SEVENTH COURSE - SOUTH 00 23'00" EAST A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 37'00" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO THE PLACE OF BEGINNING. A-4

5 EXHIBIT B Depiction of Redevelopment District B-1

6 EXHIBIT C Legal Description of Redevelopment Project Area A TRACT OF LAND IN THE NORTH HALF OF SECTION 8, TOWNSHIP 23 SOUTH, RANGE 5 WEST OF THE 6TH PRINCIPAL MERIDIAN, RENO COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF SECTION 8, TOWNSHIP 23 SOUTH, RANGE 5 WEST OF THE 6TH PRINCIPAL MERIDIAN, RENO COUNTY, KANSAS; THENCE NORTH 89 37'00 EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO A POINT WHICH IS FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER FOR A PLACE OF BEGINNING; THENCE NORTH 00 03'35" EAST PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET; THENCE SOUTH 89 37'00" WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO A POINT ON A CURVE ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF K-61 HIGHWAY WITH A RADIUS OF FEET; THENCE NORTH 33 44'48" EAST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE AND SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE NORTH 51 34'00" EAST ALONG SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE NORTH 46 09'23" EAST ALONG SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE NORTH 51 34'00" EAST ALONG SAID HIGHWAY RIGHT-OF-WAY LINE A DISTANCE OF FEET; THENCE SOUTH 38 26'00" EAST A DISTANCE OF FEET; THENCE NORTH 51 34'00" EAST A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER WHICH POINT IS FEET SOUTH OF THE NORTHEAST CORNER, OF SAID NORTHWEST QUARTER AND FEET NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE SOUTH 25 47'00" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE SOUTH 51 34'00" WEST A DISTANCE OF FEET, THENCE SOUTH 38 26'00" EAST A DISTANCE OF FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE SOUTH 19 13'00" EAST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE SOUTH A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER WHICH POINT IS FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 37'00" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET; THENCE NORTH A DISTANCE OF FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF FEET; THENCE NORTH 19 13'00" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE NORTH 38 26'00" WEST A DISTANCE OF FEET; THENCE SOUTH 51 34'00" WEST A DISTANCE OF FEET TO A POINT ON A CURVE HAVING A RADIUS OF FEET; THENCE SOUTH 19 13'00" EAST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE SOUTH A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 37'00" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET; THENCE WITH THE LINES OF THE FINAL PLAT OF ELEVENTH AVENUE ANNEX, AN ADDITION TO THE CITY OF HUTCHINSON, C-1

7 RENO COUNTY, KANSAS, ACCORDING TO THE RECORDED PLAT THEREOF, THE FOLLOWING SEVEN (7) COURSES: FIRST COURSE - NORTH 00 02'10" WEST A DISTANCE OF FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF FEET; SECOND COURSE - NORTH 65 31'12" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET TO A POINT ON A CURVE HAVING A RADIUS OF FEET; THIRD COURSE - SOUTH 86 46'05" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; FOURTH COURSE -NORTH 55 27'36" WEST A DISTANCE OF FEET TO THE POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF FEET; FIFTH COURSE - NORTH 48 40'11" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET TO A POINT ON A CURVE HAVING A RADIUS OF FEET; SIXTH COURSE - SOUTH 23 35'44" WEST (CHORD BEARING, CHORD LENGTH FEET) ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; SEVENTH COURSE - SOUTH 00 23'00" EAST A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 37'00" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FEET TO THE PLACE OF BEGINNING. C-2

8 EXHIBIT D Depiction of Redevelopment Project Area D-1