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Journal-World classified (published 03/20/2013)

(First published in the
Shawnee Dispatch, March
13, 2013)

ORDINANCE NO. 3063

AN ORDINANCE APPROVING AND ADOPTING A REDEVELOPMENT PROJECT
PLAN FOR A PROJECT AREA
IN A REDEVELOPMENT DISTRICT IN THE CITY OF
SHAWNEE, KANSAS AND
APPROVING THE EXECUTION OF A REDEVELOPMENT AGREEMENT
(SHAWNEE PLAZA PROJECT).

WHEREAS
, pursuant to the
provisions of K.S.A. 12 1770
et seq., as amended (the
"Act") and Ordinance No.
3055 of the City of Shawnee,
Kansas (the "City"), passed
on January 14, 2013, and in
order to promote, stimulate
and develop the general
and economic welfare of
the City, the Governing
Body of the City has established a redevelopment district located generally on
the southern side of Shawnee Mission Parkway, east
of Pflumm within the City
(the "Redevelopment District"); and

WHEREAS , pursuant to the
Act and Resolution No. 1692
(the "Resolution") of the
City, adopted on January
28, 2013, the City has declared its intention to consider a redevelopment project plan for the project
area shown on Exhibit A attached hereto (the "Project
Area No. 1") within the Redevelopment District and
has provided for a public
hearing to consider adoption of the redevelopment
project plan; and

WHEREAS , pursuant to the
Act and the Resolution and
after providing notice of a
public hearing as required
by the Act, a public hearing
was held on March 11, 2013,
to consider adoption of the
redevelopment project
plan, a representative of
the City presented the proposed redevelopment project plan and all interested
parties were given an opportunity to be heard; and

WHEREAS , the Governing
Body of the City finds it is
necessary and desirable in
connection with the construction and financing of
the improvements within
Project Area No. 1 within
the Redevelopment District
that the City enter into a
Redevelopment Agreement
with Shawnee Plaza Redevelopment, LLC, a Kansas
limited liability company
(the "Developer");

NOW, THEREFORE, BE IT
ORDAINED BY THE GOVERNING BODY OF THE CITY
OF SHAWNEE, KANSAS, AS
FOLLOWS:

Section 1
. Pursuant to the
Act, the redevelopment
project plan on file in the
office of the City Clerk for
Project Area No. 1 within
the Redevelopment District
established by Ordinance
No. 3055 is hereby adopted
and approved.

Section 2 . In accordance
with the Act, following publication of this Ordinance,
the City Clerk is authorized
and directed to send a copy
of the description of the
land within Project Area No.
1 within the Redevelopment
District, a copy of this Ordinance and a map indicating
the boundaries of the Project Area No. 1 within the
Redevelopment District to
the County Clerk, County
Assessor, County Treasurer
and Board of County Commissioners of Johnson
County, Kansas, and the
Board of Education of Unified School District No. 512
of Shawnee Mission, Kansas.

Section 3 . The City is
hereby authorized to enter
into the Redevelopment
Agreement by and between
the Developer and the City
in substantially the form
presented to and reviewed
by the City Council on
March 11, 2013 (copies of
this document shall be on
file in the records of the
City), with such changes
therein as shall be approved by Bond Counsel,
the City Manager, the Finance Director and the officials of the City executing
such documents, such officials' signatures thereon
being conclusive evidence
of their approval thereof
and the same are hereby
approved in all respects.

Section 4 . The City is
hereby authorized to enter
into and the Mayor and City
Clerk are hereby authorized
and directed to execute,
seal, attest and deliver the
Redevelopment Agreement
and such other documents,
certificates and instruments as may be necessary
and desirable to carry out
and comply with the intent
of this Ordinance, for and
on behalf of and as the act
and deed of the City.

Section 5 . This Ordinance
shall take effect and be in
force from and after its
passage by the Governing
Body of the City and its
publication in an official
City newspaper.

THIS ORDINANCE is hereby
passed by a two-thirds
vote of the Governing Body
of the City of Shawnee,
Kansas, on this 11th day of
March, 2013, and APPROVED AND SIGNED by
the Mayor on this 11th day
of March, 2013.

CITY OF SHAWNEE, KANSAS
By: /s/ Jeff Meyers
Jeff Meyers, Mayor
(SEAL)

ATTEST:
By: /s/ Keith D. Campbell
Keith D. Campbell, City
Clerk

APPROVED AS TO FORM
By: /s/ M. Ellis Rainey, II
M. Ellis Rainey, II, City Attorney

EXHIBIT A

Project Area No. 1 Legal
Description

A tract of land located in
the Northwest , Section
15, Township 12 South,
Range 24 East, all in the
City of Shawnee, Johnson
County, Kansas and being
more particularly described as follows:

Beginning at the Southeast
corner of the Southeast
of the Northwest of the
Northwest of the Northwest , said point being
marked by " rebar (no
cap) and of unknown orgin;
thence North 0220'49"
West along the East line of
said , , , Section line,
a distance of 265.48 feet;
thence South 8739'11"
West, a distance of 25.83
feet to the beginning of a
non-tangent curve to the
left and having a chord
bearing of North 1400'20"
West; thence along said
curve to the left having a
radius of 150.00 feet, an arc
distance of 60.52 feet to the
beginning of a compound
curve to the left; thence
along said curve to the left
having a radius of 20.00
feet, an arc distance of
32.66 feet to the beginning
of a compound curve to the
left; thence along said
curve to the left having a
radius of 1649.99 feet, an
arc distance of 179.03 feet
to the beginning of a
non-tangent compound
curve to the left having a
chord bearing of South
5039'57" West; thence
along said curve to the left
having a radius of 1810.00
feet, an arc distance of
138.21 feet to a point on the
West line of said , , ,
thence South 0220'37" East
along the West line of a
tract of land described in
Book 201010 at Page 11913,
a distance of 34.86 feet to
the beginning of a
non-tangent curve to the
left and having a chord
bearing of South 3858'36"
West; thence along said
curve to the left having a
radius of 67.68 feet, an arc
distance of 82.14 feet;
thence South 0412'26"
West, a distance of 50.49
feet to the beginning a
curve to the right and tangent to the last described
course; thence along said
curve to the right having a
radius of 202.50 feet, an arc
distance of 290.41 feet;
thence South 2628'14"
West, a distance of 15.40
feet; thence North 0220'25"
West along said Easterly
right of way line, a distance
of 148.14 feet to the beginning of a non-tangent curve
to the left and having a
chord bearing of South
6427'02" East; thence
along said curve to the left
having a radius of 49.00
feet, an arc distance of
106.24 feet to the beginning
of a compound curve to the
left; thence along said
curve having a radius of
131.00 feet, an arc distance
of 92.32 feet; thence North
1303'36" East, a distance
of 86.54 feet to the beginning of a curve to the right
and tangent to the last described course; thence
along said curve to the
right having a radius of
206.72 feet, an arc distance
of 138.28 feet; thence North
4348'55" West, a distance
of 78.74 feet to a point on
the Northerly right of way
of said Midland Drive,
thence North 4129'13"
West, a distance of 70.00
feet; thence North 2409'29"
West, a distance of 66.18
feet; thence North 2300'28"
West, a distance of 157.29
feet; thence North 6727'39"
East, a distance of 223.20
feet; thence North 7309'11"
East, a distance of 478.92
feet; thence North 8240'47"
East, a distance of 398.33
feet; thence North 8729'53"
East, a distance of 126.03
feet; thence South
0509'38" East, a distance
of 92.73 feet to the Northeast corner of the Northeast of the Northwest
of the Northwest ; thence
South 0221'12" East along
the East line of said , , ,
a distance of 664.42 feet ot
the Southeast corner of the
Northeast of the Northwest of the Northwest ;
thence South 8743'23"
West along the South line
of said , , , a distance
of 661.77 feet to the Point of
Beginning. The above described tract contains 15.96
Acres, more or less.
________