SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 070599
Approving the plat of Performing
Arts District, as amended, 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, as amended; and authorizing the City Clerk to
record this ordinance and attached documents. (SD1326)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the plat of Performing Arts District, as amended, a subdivision in Jackson
County, Missouri, a true and correct copy of which is attached hereto as
Exhibit A 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 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:
- Utility rights in the alley
first east of Broadway, between 16th Street and 17th Street, vacated by
Ordinance No. 61429, passed August 27, 1987.
- Utility rights in vacated Central Street between 16th Street and 17th Street, vacated by Ordinance No. 61145, passed
July 23, 1987.
- 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.
- 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, as amended, to
be in a form substantially as that attached hereto as Exhibit B 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,
together with the Wyandotte Street Cooperative Agreement, 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