COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 041288
Approving
the plat of Brooke Meadows Second Plat, an addition in Kansas City, Clay
County, Missouri; accepting and releasing various easements; establishing
grades on public ways; accepting certain lands for park purposes forever, in
accordance with Section 58 of Article III of the Charter of Kansas City;
authorizing the Director of Public Works to execute certain agreements; and
authorizing the City Clerk to file this ordinance and attached agreement.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the plat of Brooke Meadows Second Plat, a
subdivision in Kansas City, Clay 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 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 curbs between such adjacent grade points, the
elevations of which are therein given, in feet above the City Directrix.
Section
4. That all right, title and interest in a sewer easement accepted by Kansas
City, under Ordinance No. 021123, passed September 26, 2002, be and the same is
hereby released to the respective owner, their successors or assigns, over that
part of aforesaid easement described as follows: All that part of the West
Half of Section 26, Township 52N, Range 32W in Kansas City, Clay County,
Missouri, more particularly described as follows:
Commencing at the Southwest corner of Lot
30 in the recorded Plat of BROOKE MEADOWS FIRST PLAT; thence North 61 degrees,
33 minutes, 55 seconds East, along the South line of Lot 30, 24.35 feet; thence
South 48 degrees, 23 minutes, 22 seconds East, 151.98 feet, to the Southeast
corner of Lot 78 in BROOKE MEADOWS 2nd Plat, and the POINT OF
BEGINNING; thence along a curve to the left radial to the last coarse having a
Radius of 175.00 feet and an arc length of 7.58 feet; thence South 48 degrees
26 minutes 04 seconds East, 42.66 feet; thence South 41 degrees 33 minutes 56 seconds
West, 15.00 feet; thence North 48 degrees 26 minutes 04 seconds West, 42.67
feet; thence along a curve to the left with an initial tangent bearing of North
44 degrees 02 minutes 27 seconds East having a Radius of 175.00 feet and an arc
length of 7.42 feet; to the POINT OF BEGINNING, containing 638.35 square feet
or 0.1 acres, more or less.
Section 5. That the lands heretofore designated and
selected by the Board of Park and Recreation Commissioners as evidenced by
their Resolution No. 27175 duly adopted on November 16, 2004, for public use
for park purposes, to‑wit:
All
that part of the West Half of Section 26, Township 52N, Range 32W in Kansas
City, Clay County, Missouri, more particularly described as follows:
Commencing at the Northeast corner of the Southwest Quarter of Section 26;
thence South 00 degrees, 32 minutes, 30 seconds West, along the East line of
the Southwest Quarter, 444.67 feet; thence North 89 degrees, 27 minutes, 30
seconds West, 303.15 feet, to a point on the Southerly line of recorded plat
"SOMERBROOK THIRD PLAT", a subdivision in Kansas City, Clay County,
Missouri, and the POINT OF BEGINNING; thence North 57 degrees, 35 minutes, 46
seconds West, along Southerly line, 307.13 feet; thence North 45 degrees, 10
minutes, 51 seconds West, continuing along Southerly line, 237.94 feet, to the
Southerly angle point of Lot 176 of "SOMERBROOK THIRD PLAT"; thence
North 67 degrees, 04 minutes, 40 seconds West, along the Southerly line of Lots
176 and 175, 111.81 feet, to the most Easterly corner of Lot 36 of recorded
plat "BROOKE MEADOWS FIRST PLAT", a subdivision in Kansas City, Clay
County, Missouri; thence along the Southeasterly line of "BROOKE MEADOWS
FIRST PLAT" the following two courses and distances: South 43 degrees, 38
minutes, 02 seconds West, 62.26 feet; South 44 degrees, 50 minutes, 27 seconds
East, 72.32 feet; thence South 44 degrees, 50 minutes, 27 seconds East, 280.71
feet; thence South 59 degrees, 21 minutes, 38 seconds East, 102.80 feet; thence
South 11 degrees, 53 minutes, 07 seconds East, 117.14 feet; thence South 20
degrees, 04 minutes, 56 seconds West, 69.61 feet; thence South 43 degrees, 42
minutes, 42 seconds West, 69.61 feet; thence South 67 degrees, 20 minutes, 28
seconds West, 69.61 feet; thence North 89 degrees, 01 minutes, 46 seconds West,
69.61 feet; thence North 12 degrees, 47 minutes, 07 seconds East, 120.00 feet;
thence Northwesterly on a curve to the right, radial to last course, having a
radius of 50.00 feet, and an arc length of 23.15 feet; thence South 39 degrees,
18 minutes, 34 seconds West, 120.00 feet; thence North 20 degrees, 12 minutes,
14 seconds West, 49.25 feet; thence South 29 degrees, 32 minutes, 35 seconds
West, 81.67 feet; thence South 37 degrees, 57 minutes, 42 seconds East, 175.87
feet; thence South 52 degrees, 02 minutes, 18 seconds West, 343.75 feet; thence
South 66 degrees, 59 minutes, 33 seconds West, 62.38 feet; thence North 60
degrees, 27 minutes, 25 seconds West, 164.53 feet; thence South 66 degrees, 16
minutes, 24 seconds West, 281.08 feet; to a point on the Northeasterly Right Of
Way of Missouri Route 291; thence on a curve to the right, having an Initial
Tangent Bearing of South 24 degrees, 33 minutes, 44 seconds East, a radius of
5789.58 feet, and an arc length of 157.11 feet; thence, leaving Northeasterly
Right-Of-Way, North 66 degrees, 59 minutes, 33 seconds East, 445.30 feet;
thence North 52 degrees, 02 minutes, 18 seconds East, 615.02 feet; thence
North 43 degrees, 55 minutes, 00 seconds East, 300.34 feet, to the POINT OF
BEGINNING, containing 4.34 acres, more or less.
Containing 4.34 acres, more or less be and the same is hereby
accepted for public use for park purposes and shall remain such forever in
accordance with Section 58 of Article III of the Charter of Kansas City.
Section 6. That the Director of Public Works is
hereby authorized to execute a Covenant to Maintain a Storm Water Detention
Facility, to be in a form substantially as that attached hereto as Exhibit
"A" and incorporated herein by reference.
Section 7. That the Director of Public Works is
hereby authorized to accept Off-site Sanitary Sewer Easement and Off-site
Surface Drainage Easement, to be in a form substantially as that attached
hereto as Exhibit "B" and C, and incorporated herein by reference.
Section 8. That the City Clerk is hereby directed to
file copies of this ordinance, together with the Covenant to Maintain a Storm
Water Detention Facility , in the Office of the Secretary of State of Missouri
and in the Office of the Recorder of Deeds of Clay County, Missouri together
with all other relevant documents.
Section 9. That the Council finds that the City Plan
Commission has duly endorsed its approval of this Ordinance hereon.
_____________________________________________
Approved
as to form and legality:
____________________________________
Mark
P. Jones, P.E.
Assistant City Attorney