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Legislation #: 180087 Introduction Date: 2/8/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Declaring certain real property surplus to the City's needs and authorizing the Director of General Services to offer the sale of the property generally located at 5825 Troost Avenue Kansas City, Missouri and execute related documents to complete the transfer of the real property reserving easements as necessary to continue the City’s ownership in the communications tower on the property and to provide access and utilities to such tower and limiting the height of future structures by deed restriction; and directing the City Clerk to record this Ordinance with the Office of the Recorder of Deeds of Jackson County, Missouri.

Legislation History
DateMinutesDescription
2/7/2018 Filed by the Clerk's office
2/8/2018 Referred to Finance and Governance Committee
2/14/2018 Advance and Do Pass, Debate
2/15/2018 Passed

View Attachments
FileTypeSizeDescription
180087 Ordinance.pdf Other 90K Ordinance
180087 Fiscal Note.pdf Fiscal Note 15K Fiscal Note
180087 Fact Sheet.pdf Fact Sheet 21K Fact Sheet

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ORDINANCE NO. 180087

 

Declaring certain real property surplus to the City's needs and authorizing the Director of General Services to offer the sale of the property generally located at 5825 Troost Avenue Kansas City, Missouri and execute related documents to complete the transfer of the real property reserving easements as necessary to continue the City’s ownership in the communications tower on the property and to provide access and utilities to such tower and limiting the height of future structures by deed restriction; and directing the City Clerk to record this Ordinance with the Office of the Recorder of Deeds of Jackson County, Missouri.

 

WHEREAS, all City departments have been notified of the City’s intent to sell the property commonly known as 5825 Troost Avenue;

 

WHEREAS, a communications tower and equipment is situated on the property, and such tower is strategically important to the public safety and welfare of the residents of the City and surrounding area and the City intends to limit the height of future structures by deed restriction, reserve an easement to continue to use, maintain and replace, if needed, such communications tower, reserve an easement necessary for access to such tower and to reserve such other easements collaboratively determined to be necessary by the Department of General Services and the Police Department operational staff with responsibility for such tower;

 

WHEREAS, this real property will not be needed by the City and no interest has been expressed by City Departments in retaining the real property for future public use except the preservation of the communications tower situated on such property and supporting easements for the tower’s operation, and no objections have been received, provided, however certain easements benefitting the City will be expressly reserved in the Special Warranty Deed, and further already recorded easements affecting the real property, also benefitting the City, shall remain in effect and any conveyance out of the City shall be specifically subject to existing recorded easements and encumbrances, and dedicated right of way for public streets, which shall be deemed retained by the City or the State of Missouri, as more fully set forth is the Special Warranty Deed executed as a part of the subsequent transfer; NOW, THEREFORE,

 

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the parcels described below, are hereby declared surplus to the City’s needs.

 

Section 2. That the Director of General Services Department is hereby authorized to offer and sell in accord with City regulations, and subject to existing leases, the properties located at:

 

TRACT 1: All that part of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 49, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at the point of intersection of the north right of way line of 59th Street with the east right of way of Troost Avenue, as both streets are now established; thence north along said east right of way line 134 feet 8 inches more or less to the southwest corner of Block 13, Troost Plateau, a subdivision; thence east along the south line of said Block 13, a distance of 265.44 feet to the southeast corner thereof; thence south along the west right of way line of Forest Avenue, as now established, 134 feet 8 inches, more or less, to the north right of way line of said 59th Street, thence west along said north right of way line of 265.39 feet to the point of beginning.

 

TRACT 2: All of Lot 10, and the West 1/2 of the vacated alley east of and adjoining said Lot 10, Block 13, Troost Plateau, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

TRACT 3: Lot 11, and the West 1/2 of vacated alley east of and adjoining in Block 13, Troost Plateau, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

TRACT 4: Lot 12, and the South 1/2 of Lot 13, and the West 1/2 of vacated alley east of and adjacent thereto, Block 13, Troost Plateau, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Subject to building lines, easements, reservation, restrictions, covenants and conditions of record.

 

Further subject to a reservation of easement in the Special Warranty Deed to be executed by the City for the communications tower strategically important to the public safety and welfare of the residents of the City and surrounding area and to enable the continued use, maintenance and replacement, if needed, of such communications tower situated on the property described as follows:

 

A Proposed Communication Tower Easement located in the Southwest Quarter of Section 33, Township 49 North, Range 33 West in Kansas City, Jackson County, Missouri. Being more particularly described as follows:

 

Commencing at the Southwest Corner of Lot 11, Troost Plateau, Block 13 as recorded in book 1887, page 155; Thence South 87 Degrees 21 Minutes 31 Seconds along the South Line of said Lot 11, a distance of 44.36 feet to the point of beginning; Thence 2 Degrees 07 Minutes 14 Seconds East, a distance of 13.50 feet; Thence 87 Degrees 21 Minutes 31 Seconds East, a distance of 36.50 feet to the Westerly face of the building located at 1116 East 59th Street; Thence South 2 Degrees 41 Minutes 51 Seconds West along the Westerly face of said Building, a distance of 13.50 feet to the South Line of said Lot 11; Thence North 87 Degrees 21 Minutes 31 Seconds West along the south line of lot 11, a distance of 36.36 feet to the point OF BEGINNING. Containing 491.78 square feet or 0.011 acres. The above bearings are referenced to the Missouri State Plane Coordinate System, West Zone, NAD 83.

 

Together with the right of ingress and egress across the existing parking lot, to provide access to the easement from the public street and use of one parking space while entering said easement area.

 

Further subject to such other easements deemed appropriate by the Director of General Services in collaboration with the Police Department operational personnel charged with the responsibility of the communication tower as to be provided for in the Special Warranty Deed to be executed by the City, the inclusion of which in the Deed will be conclusive evidence of such determination.

 

Section 3. That certain easements or other encumbrances of record are being retained on behalf of the City and will be expressly listed as retained on the Special Warranty Deed to be executed by the City so as to subject such conveyance to such easements and encumbrances.

 

Section 4. That the Director of General Services may impose by deed restriction in the conveyance of the property a limit on the height of future structures so as to not cause interference or impairment with the transmission to or from the communications tower, or the operation of the communications tower.

 

Section 5. That the City Clerk is directed to record with the Jackson County, Missouri Recorder of Deeds a certified copy of this ordinance, and that the Director of General Services is hereby authorized to execute any real estate or other documents needed to effectuate the transaction described herein.

 

___________________________________

 

Approved as to form and legality:

 

 

_____________________________

Amelia McIntyre

Assistant City Attorney