ORDINANCE NO. 091047
Approving the plat of Performing
Arts District, an addition in Jackson County, Missouri; accepting and releasing
various easements; establishing grades on public ways; vacating a portion of a
street; authorizing the Director of City Development to execute and/or accept
certain agreements; and authorizing the City Clerk to record this ordinance and
attached documents. (SD1326A)
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That the plat of Performing Arts District, a
subdivision in Jackson County, Missouri, a true and correct copy of which is
attached hereto and incorporated herein by reference, is hereby approved.
Section 2. That the plat granting and reserving unto
Kansas City an easement and license or right to locate, construct, operate and
maintain facilities including, but not limited to, water, gas, sewerage,
telephone, cable TV, surface drainage, underground conduits, pad mounted
transformers, service pedestals, any and all of them upon, over, under and
along the strips of land outlined and designated on the plat by the words
utility easement or U/E be and the same are hereby accepted and where other
easements are outlined and designated on the plat for a particular purpose, be
and the same are hereby accepted for the purpose as therein set out.
Section 3. That the Aviation and Noise Easement in,
through, over and across the air‑space above lands, of which lands the
plat herein accepted is included, be and the same is hereby accepted and the
original of said Aviation Easement is attached hereto and made a part hereof.
Section 4. That all right, title and interest in the
following recorded easements be and the same are hereby released to the
respective owners, their successors or assigns, over that part of aforesaid
easement under the following:
1.
Utility rights in the alley first east of Broadway, between 16th Street
and 17th Street, vacated by Ordinance No. 61429, passed August 27, 1987.
2.
Utility rights in vacated Central Street between 16th Street and 17th
Street, vacated by Ordinance No. 61145, passed July 23, 1987.
3.
Utility rights in the alley first east of Central Street, between 16th
Street and 17th Street, vacated by Ordinance No. 61143, passed July 23, 1987.
4.
Utility rights in the portion of existing 16th Street being vacated by
this plat.
Section 5. That the grades of the streets and other
public ways set out on the plat, herein accepted are hereby established at the
top of curb, locating and defining the grade points which shall be connected by
true planes or vertical curves between such adjacent grade points, the
elevations of which are therein given, in feet above the City Directrix.
Section 6. That the portion of 16th Street which is
identified on the plat as right of way “to be vacated by this plat,” is hereby
vacated because the Council finds that no private rights will be unreasonably
injured or endangered by this vacation and that the public will suffer no
unreasonable loss or inconvenience thereby.
Section 7. That the Director of City Development is
hereby authorized to execute a Wyandotte Street Cooperative Agreement, to be in
a form substantially as that attached hereto as Exhibit A and incorporated
herein by reference.
Section 8. That the Director of City Development is
hereby authorized to execute and/or accept any and all agreements necessary to
clear the title of any right-of-way, utility easements or other public property
dedicated on the plat.
Section 9. That the City Clerk is hereby directed to record
copies of this ordinance, together with the documents described herein and all
other relevant documents, when the plat has been released for recording, in the
Office of the Recorder of Deeds of Jackson County, Missouri.
Section 10. That the Council finds that the City Plan
Commission has duly endorsed its approval of this Ordinance hereon.
_____________________________________________
Approved
as to form and legality:
____________________________________
Sarah
Baxter
Assistant
City Attorney