ORDINANCE NO. 970706
Accepting warranty deeds from Jerald M. and Nancy S. Lee,
Ralph Edgar Edges, Jr., Wanda J. Hedges and 103rd Street Investment Company,
conveying to the City of Kansas City, Missouri, certain property in Jackson
County, Missouri; also devoting certain real property from use by the Public
Works Department to the Parks and Recreation Department, except part for right
of way of Wornall Road and subject to utility and storm drainage easements in
Kansas City, Jackson County, Missouri; also accepting an easement from the City
of Leawood, conveying a permanent park easement in Leawood, Johnson County,
Kansas, all for public use as an addition to Indian Creek Greenway; and
directing the City Clerk to file same.
WHEREAS, the Council finds and determines that by
Resolution No. 23262 adopted by the Board of Parks and Recreation Commissioners
on January 9, 1996, certain lands were acquired through donation, transfer or
purchase for public use for park purposes as additions to Indian Creek Greenway
in Kansas City, Jackson County, Missouri and Leawood, Johnson County, Kansas,
and said Board has now recommended to the Council that the deeds and easement
hereinafter described be accepted for public use; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the following listed deeds,
recorded in the office of the Director of Records for Jackson County, Missouri,
at Kansas City and the following listed easement, recorded in the office of the
Director of Records for Johnson County, Kansas, under the instrument numbers
and in the books and pages indicated and in accordance with Article VI, Section
128.2 of the Charter, the Council hereby devotes the property transferred from
the Public Works Department all are hereby accepted for public use for park
purposes in accordance with Article III, Section 58 of the Charter:
Tract No. Instrument No. Book Page County
State
7 K1113922 K2487 1453
Jackson Missouri 18 K1178612 K2657 319
Jackson Missouri 20 K1149266 K2582 2317 Jackson
Missouri Easement 2469113 4528 559 Johnson Kansas
and said properties and easements are legally described
as follows:
TRACT 7: All that part of Lot 28, Holmes Wood
Extension, a subdivision in Kansas City, Jackson County, Missouri,
according to the recorded plat thereof, lying southeasterly of a line drawn
from a point on the northerly lot line a distance of 250 feet
southeasterly of the northernmost corner of said lot to a point in the
southwesterly line of said lot a distance of 255.70 feet southeasterly of the
northwest corner of said lot.
TRACT 17: All that part of Lot 5, Eden, a
subdivision in Kansas City, Jackson County, Missouri, according to the
recorded plat thereof, lying south of a line from a point in the east line
of said lot 691.55 feet south of the northeast corner thereof, to a point
in the west line of said lot, 692.8 feet south of the northwest corner
thereof, except that part in Wornall Road; and, except that part added to
the right of way of Wornall Road described as: All that part of Lot 5,
Eden, a subdivision in Kansas City, Jackson County, Missouri, according to
the recorded plat thereof, more particularly described as follows:
Commencing at the northeast corner of Lot 5, Eden; thence South 2
17'45" West along east line of Lot 5, a distance of 691.55 feet to
the southeast corner of that part of Lot 5 deeded to VTB Six; thence North
87 20'10" West a distance of 30.01 feet to a point on the westerly
right of way line of Wornall Road as now established; said point being the
point of beginning of the tract herein described; thence South 2
17'45" West along said westerly right of way line a distance of
118.72 feet; thence South 37 12'15" East, a distance of 2.45 feet; thence
South 2 17'45" West, along said westerly right of way line a distance
of 49.97 feet to a point on the south line of Lot 5, Eden; thence North 81
09'55" West along said south line, a distance of 5.08 feet; thence
North 2 19'13" East, a distance of 168.12 feet to the south line of
that part of Lot 5, Eden, deeded to VTB Six; thence North 87 20'10"
East along said south line, a distance of 2.51 feet to the point of beginning,
containing 550.47 square feet more or less; subject to the following
described aerial utility easement: All that part of Lot 5, Eden, a
subdivision in Kansas City, Jackson County, Missouri, according to the
recorded plat thereof, more particularly described as follows: Commencing
at the northeast corner of said Lot 5; thence South 2 17'45" West
along the east line thereof a distance of 691.55 feet to the southeast corner
of that part of Lot 5 deeded to VTB Six; thence North 87 20'10" West
along said south line a distance of 32.52 feet to the point of beginning
of the tract herein described; thence South 2 19'13" West a distance
of 168.12 feet to a point on the south line of Lot 5; thence North 81
09'55" West along said south line a distance of 5.03 feet; thence
North 2 19'13" East a distance of 167.58 feet to a point on the south line
of that part of Lot 5 deeded to VTB Six; thence South 87 20'10" East
along said south line a distance of 5.00 feet to the point of beginning,
containing 839.27 square feet, more or less; and, subject to the following
described storm drainage easement: All that part of Lot 5, Eden, a
subdivision in Kansas City, Jackson County, Missouri, according to the
recorded plat thereof, more particularly described as follows: Commencing
at the northeast corner of said Lot 5; thence South 2 17'45" West
along the east line thereof, a distance of 691.55 feet to the southeast
corner of that part of Lot 5 deeded to VTB Six; thence North 87
20'10" West along said south line, a distance of 32.52 feet to the
point of beginning of the tract herein described; thence South 2
19'13" West, a distance of 168.12 feet to a point on the south line of Lot
5; thence North 81 09'55" West along said south line, a distance of
75.48 feet; thence North 2 19'13" East, a distance of 160.01 feet to
a point on the south line of that part of Lot 5 deeded to VTB Six; thence
South 87 20'10" East along said south line, a distance of 75.00 feet
to the point of beginning, containing 12,305.06 square feet, more or less;
subject to covenants, restrictions, reservations and easements of record.
TRACT 18: Lot 6, Baker Acres, a subdivision in
Kansas City, Jackson County, Missouri, according to the recorded plat
thereof.
TRACT 20: A tract of land in Kansas City, Jackson
County, Missouri, including part of Lot 2, Dallas, a subdivision described
as follows: Commencing at the northeast corner of the Northwest Quarter of
the Southeast Quarter of Section 31, Township 48, Range 33; thence due
west along the north line of said Quarter Quarter Section, 35.60 poles
(587.40 feet, deed; 573.30 feet measured); thence South 0 38'30" East
to the south right of way line of 103rd Street, as now established; thence due
west along said south right of way line 21.04 feet; thence westerly, being
a curve to the right, tangent to the last described course and having a
radius of 5759.83 feet, an arc distance of 212.78 feet; thence North 87
53'00" West along said right of way line 50.48 feet to the true point
of beginning of the tract of land described herein; thence continuing
North 87 38'00" West along said south right of way line 145.00 feet to
a point in the northerly prolongation of the west line of said Lot 2;
thence South 0 38'30" East along said northerly prolongation and
along said west line 400.00 feet to a point 43.16 feet north of the
southwest corner of said Lot 2; thence North 19 35'14" East to the
true point of beginning.
EASEMENT FROM LEAWOOD, KANSAS: A strip of land, 12
feet wide, in Fractional Section 11, Township 13 South, Range 25 East, in
the City of Leawood, Johnson County, Kansas, lying 6 feet on each side of
the following described centerline: Beginning at a point on the east line
of said Fractional Section, 1689.32 feet north of the East Quarter corner
of said Fractional Section, said east line having an assumed bearing of
North 02 25'43" West; thence North 32 37'59" West, 57.26 feet;
thence on a curve of 250.00 feet radius to the right, an arc distance of
116.93 feet with a chord which bears North 19 14'01" West, a distance
of 115.87 feet; thence North 05 50'03" West, 130.31 feet; thence on a
curve of 271.00 feet radius of the right, an arc distance of 216.13 feet
with a chord which bears North 17 00'47" East, a distance of 210.45
to a point on the east line of said Fractional Section 2178.25 feet north
of the East Quarter corner of said Fractional Section. The sidelines of said
12 foot easement to be lengthened or foreshortened to end on the east line
of said Fractional Section.
Section 2. That Resolution No. 23262 evidences the
intent of the Board of Parks and Recreation Commissioners to accept such real
property for park purposes.
Section 3. That the City Clerk is hereby directed
to record a copy of this ordinance in the office of the Director of Records for
Jackson County, Missouri, as evidence of the acceptance of the herein described
property by the City for public use purposes.
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Approved as to form and
legality:
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Acting City Attorney