RESOLUTION NO. 05-28-20C

 

A RESOLUTION PROVIDING FOR NOTICE OF A PUBLIC HEARING TO CONSIDER ADOPTION OF REDEVELOPMENT PROJECT PLAN A1 FOR THE HOMESTEAD LANE RETAIL TIF DISTRICT

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WHEREAS, on August 22, 2019, pursuant to K.S.A. 12-1770 et seq., as amended (the “Act”), and Ordinance No. 2021 of the City of Edgerton, Kansas (the “City”), and in order to promote, stimulate and develop the general and economic welfare of City, the Governing Body established a redevelopment district generally located at the northeast and northwest corners of Interstate 35 and Homestead Lane referred to as the Homestead Lane Retail TIF District (the “District”); and

 

WHEREAS, the Governing Body desires to consider adoption of Redevelopment (TIF) Project Plan A1 (“Project Plan A1”) in accordance with the Act, which provides for the redevelopment of 12.162 acres located in the northeast corner of Interstate 35 and Homestead Lane (the “Project Plan A1 Area”) by constructing a truck stop, truck parking, truck maintenance facility, truck wash, restaurants, and associated infrastructure improvements (the “Private Project”); and

 

WHEREAS, a feasibility study was completed which indicates the benefits derived from Project Plan A1 are significant; and

 

WHEREAS, on April 14, 2020, the City Planning Commission reviewed Project Plan A1 and passed a resolution finding that Project Plan A1 is consistent with the intent of the comprehensive general plan for the development of the City; and

 

WHEREAS, on April 23, 2020 the City adopted Resolution No. 04-23-20A setting a public hearing on Project Plan A1; and

 

WHEREAS, the City desires to repeal Resolution No. 04-23-20A and establish a new date for a public hearing on Project Plan A1;

 

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS, AS FOLLOWS:

 

Section 1.  Resolution No. 04-23-20A is hereby repealed.  A public hearing to consider adoption of Project Plan A1 shall be held at the City Council meeting on July 9, 2020, at 7:00pm, or as soon thereafter as practical, at the Edgerton Community Building, 404 E. Nelson Street, Edgerton, Kansas.

 

Section 2.  The boundaries of the District are set forth in Exhibit A.

 

Section 3.  The boundaries of the Project Plan A1 Area that is the subject of Project Plan A1 is set forth in Exhibit B.  A sketch depicting the Project Plan A1 Area to be redeveloped as Project Plan A1 is attached as Exhibit C.

 

Section 4.  Project Plan A1, including the feasibility study and a description and map of the area to be redeveloped, are available for inspection during regular business hours in the office of the City Clerk. Because no relocation is required by the Project Plan, no relocation assistance plan is included, and there are no financial guarantees of prospective developers.

 

Section 5.  The City Clerk shall mail a copy of this Resolution and a copy of Project Plan A1 by certified mail, return receipt requested, to the Board of County Commissioners of Johnson County, Kansas, and the Board of Education of Unified School District No. 231, Johnson County, Kansas. The City Clerk shall also mail copies of the above by certified mail to each owner and occupant of land within the Project Plan A1 Area not more than 10 days following the date of adoption of this Resolution.

 

Section 6. This Resolution shall be published by the City Clerk once in the official City newspaper not less than one week or more than two weeks preceding the date fixed for the public hearing.

 

Section 7.  This Resolution shall be in full force and effect from and after its adoption.

 

ADOPTED this 28th day of May, 2020.

 

CITY OF EDGERTON, KANSAS

 

 

 

By: ________/s/___________________

[SEAL]            Mayor

 

ATTEST:

 

 

 

__________/s/______________

City Clerk

 

 

Approved as to form:

 

 

 

______/s/___________________

Scott W. Anderson

Economic Development Counsel

 

 

EXHIBIT A

 

LEGAL DESCRIPTION OF HOMESTEAD LANE RETAIL

REDEVELOPMENT DISTRICT

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

LEGAL DESCRIPTION OF PROJECT PLAN A1 AREA

 

 

All that part of the NW 1/4 of Section 10, Township 15, Range 22, in Johnson County, Kansas, more particularly described as follows: Commencing at the Northwest corner of the NW 1/4 of said Section 10; thence S 2° 03’ 46” E, along the West line of the NW 1/4 of said Section 10, a distance of 991.99 feet; thence N 87° 35’ 22” E, a distance of 280.86 feet, to a point on the North right-of-way line of Interstate Highway No. 35, as established in the Warranty Deed recorded in Book 201108 at Page 001191, in the Office of the Register of Deeds, Johnson County, Kansas, said point also being the true point of beginning; thence continuing N 87° 35’ 22” E, a distance of 185.94 feet; thence Easterly and Southeasterly, along a curve to the right having a radius of 390.00 feet, a central angle of 32° 01’ 48” and whose initial tangent bearing is S 69° 47’ 26” E, an arc distance of 218.02 feet, to the point of tangency; thence S 37° 45’ 38” E, a distance of 93.64 feet, to a point of curvature; thence Southeasterly and Easterly, along a curve to the left having a radius of 320.00 feet and a central angle of 21° 31’ 36”, an arc distance of 120.23 feet; thence S 30° 41’ 48” W, a distance of 59.41 feet, to a point on the North line of the South Half of the NW 1/4 of said Section 10; thence S 1° 47’ 20” E, a distance of 638.10 feet, to a point on the North right-of-way line of said Interstate Highway No. 35; thence S 85° 06’ 40” W, along the North right-of-way line of said Interstate Highway No. 35, a distance of 509.79 feet; thence N 10° 04’ 47” W, along the North right-of-way line of said Interstate Highway No. 35, a distance of 802.50 feet; thence N 15° 12’ 54” E, along the North right-of-way line of said Interstate Highway No. 35, a distance of 141.15 feet; thence N 88° 57’ 08” E, along the North right-of-way line of said Interstate Highway No. 35, a distance of 116.36 feet; thence N 0° 38’ 21” E, along the North right-of-way line of said Interstate Highway No. 35, a distance of 76.42 feet, to the true point of beginning, containing 12.162 acres, more or less.

 

 

 

EXHIBIT C

 

Map of Boundaries of Project Plan A1 Area

 

 

 

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