ORDINANCE NO. 040420

 

Approving the plat of University Academy School, an addition in Kansas City, Jackson County, Missouri; accepting and releasing various easements; establishing grades on public ways; authorizing the Director of Public Works to execute certain agreements; and authorizing the City Clerk to file this ordinance and attached agreements.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the plat of University Academy School, a subdivision in Kansas City, 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 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. a. That all right, title and interest in a public utility easement, if any, for public utilities installed in, under or upon vacated East 69th Street and vacated Campbell Street by Ordinance No. 23344, recorded December 30, 1958, as Document No. B-291931 and by the Consent of the Property Owners recorded December 30, 1958, as Document No. B-291932, prior to the vacation thereof, and for which no notice appears in the Office of the Recorder of Deeds.

 

Release of the easements in vacated Campbell Street, being a portion of the vacated streets as described in said Ordinance No. 23344, more particularly described

as follows: All that part of vacated Campbell Street by Ordinance No. 23344, recorded December 30, 1958, as Document No. B-291931 and by the Consent of the Property Owners recorded December 30, 1958, as Document No. B-291932, except any part of said vacated Campbell Street which lies Southerly of a line drawn 25 feet North of and parallel with the Southerly line of the Northeast Quarter of the Northeast Quarter of Section 8, Township 48 North, Range 33 West.

 

B. Easements, if any, for public utilities installed in, under or upon vacated East 68th Street and vacated Campbell Street by Ordinance No. 26277, recorded June 28, 1961, as Document No. B-382336 and the Consent of Property Owners recorded June 28, 1961, as Document No. B-382337, prior to the vacation thereof, and for which no notice appears in the Office of the Recorder of Deeds.

 

EASEMENTS TO BE RELEASED IN ENTIRETY.

 

C. Utility easements as established by the recorded plats of Holmes Hill, recorded as Document No. A-780947 and Document No. A-838125 and as shown on the recorded plat of Baptist Medical Center-Third Plat, filed March 21, 1997, as Document No. 97-K-12359, in Plat Book B-39 at Page 65.

 

PORTION OF UTILITY EASEMENTS TO BE RELEASED:

 

All that part of the utility easements as shown on the plat of Holmes Hill, recorded as Document No. A-780947, in Plat Book B-25 at Page 48 and as recorded in Document No. A-838125, in Plat Book B-25 at Page 64 which now lies within the boundary of Lots 1 and 2, University Academy School, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

D. Driveway Easements as established by the recorded plat of Holmes Hill, recorded as Document No. A-838125, in Plat Book B-25 at Page 64 and the terms and provisions of the Agreement dated April 30, 1948 and recorded as Document No. A-920117, in Book B-4244 at Page 108, regarding the use and maintenance of said driveways.

 

PORTION OF DRIVEWAY EASEMENTS TO BE RELEASED:

 

All that part of the driveway easements as shown on the plat of Holmes Hill, recorded as Document No. A-838125, in Plat Book B-25 at Page 64 which now lies within the boundary of Lots 1 and 2, University Academy School, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

E. Driveway easements as established by the recorded plat of HOLMES HILL, recorded as Document No. A-780947, in Plat Book B-25 at Page 48 and the terms and provisions of the Declaration filed as Document No. A-783897, in Book B-3751 at Page 502, regarding the use and maintenance of said driveways.

 

PORTION OF DRIVEWAY EASEMENTS TO BE RELEASED:

 

All that part of the driveway easements as shown on the plat of Holmes Hill, recorded as Document No. A-780947, in Plat Book B-25 at Page 48 which now lies within the boundary of Lots 1 and 2, University Academy School, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

F. Terms and provisions of the Declaration dated May 1, 1948 and recorded as Document No. A-920116, in Book B-4244 at Page 133 establishing party walls and sidewalks. Surveyors Note: This Declaration sets forth agreements for party walls, sidewalks and driveways to serve duplex residence buildings which no longer exist over the surveyed premises of this plat. The location of said party walls, sidewalks and driveways are to ambiguous to plot at this time.

 

PORTION OF PARTY WALL AGREEMENTS, SIDEWALK AND DRIVEWAY EASEMENTS TO BE RELEASED:

 

All that part of any agreements as set forth in the Declaration Establishing Driveway Easements and Party Wall and Walks, recorded as Document No. A-920116, in Book B-4244 at Page 133 which now lie within the boundary of Lots 1 and 2, University Academy School, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

G. Easement granted to Kansas City Power & Light Company by the instrument recorded as Document No. K-03548, in Book K-8 at Page 1579 and as shown on the recorded plat of Baptist Medical Center-Third Plat.

 

PORTION OF EASEMENT TO BE RELEASED:

 

All that part of the Easement Conveyance granted to Kansas City Power & Light Company by the instrument recorded November 17, 1967 as Document No. K-03548, in Book K-8 at Page 1579 which now lies within the boundary of Lots 1 and 2, University Academy School, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

H. Easement granted to Kansas City Power & Light Company by the instrument recorded July 17, 1995 as Document No. K-1200997 in Book K-2713 at Page 893.

 

EASEMENT TO BE RELEASED IN ENTIRETY.

 

I. Easement granted to Kansas City Power & Light Company by the instrument recorded as Document No. A-761454, in Book B-3741 at Page 139 and as shown on the recorded plat of Baptist Medical Center-Third Plat.

 

PORTION OF EASEMENT TO BE RELEASED:

 

All that part of the Easement Conveyance granted to Kansas City Power & Light Company by the instrument recorded May 22, 1944 as Document No. A-761454, in Book B-3741 at Page 139 which now lies within the boundary of Lots 1 and 2, University Academy School, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

J. Easement granted to Kansas City Power & Light Company by the instrument recorded as Document No. A-875107, in Book B-4130 at Page 95 and as shown on the recorded plat of Baptist Medical Center-Third Plat.

 

PORTION OF EASEMENT TO BE RELEASED:

 

A portion of the Easement Conveyance granted to Kansas City Power & Light Company by the instrument recorded as Document No. A-875107, in Book B-4130 at Page 95, being described therein as "one (1) anchor to be installed on the north line of Lot Thirty-seven (37) at a point which is Fifty-seven (57) feet east of the Northwest corner of said lot. All in Holmes Hill, an addition in Kansas City, Missouri" and now located within the right-of-way of relocated East 68th Street as shown on the plat of University Academy School, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

K. Utility Easements in the vacated 67th Street and vacated Charlotte Street herein described, reserved in Ordinance No. 930350, dated June 15, 1992 vacating the same, a copy of which was recorded February 4, 2003 as Document No. 2003 K 0008378.

 

Release of the easements in vacated Charlotte Street, being a portion of the vacated streets as described in said Ordinance No. 930350, more particularly described as follows: A portion of vacated Charlotte Street, said Street being vacated by Ordinance No. 930350, dated June 15, 1992, a copy of which was recorded February 4, 2003 as Document No. 2003 K 0008378, all being in the Northeast Quarter of the Northeast Quarter of Section 8, Township 48 North, Range 33 West in Kansas City, Jackson County, Missouri, the centerline of said vacated Charlotte Street, being 50 feet wide, is more particularly described as follows: Beginning at the point of intersection of the centerline of said vacated Charlotte Street with the Northerly right-of-way line of former East 68th Street, as each are shown on the plat of Baptist Medical Center-Third Plat, a subdivision in said City, County and State, according to the recorded plat thereof; thence Northerly along the centerline of said vacated Charlotte Street, the following courses and distances; thence North 02 degrees 20 minutes 15 seconds East, Measured (North 02 degrees 18 minutes 03 seconds East, Plat), a distance of 69.95 feet; thence Northwesterly along a curve to the left, tangent to the last described course, having a radius of 876.19 feet and a central angle of 08 degrees 39 minutes 53 seconds, an arc length of 132.50 feet; thence Northwesterly along a reverse curve to the right, tangent to the last described curve, having a radius of 876.19 feet and a central angle of 01 degrees 22 minutes 50 seconds, a distance of 21.11 feet, more or less, to a point on the Northerly right-of-way line of relocated East 68th Street as shown on the plat of University Academy School, and the Point of Termination of said centerline. The outer limits of said 50 feet wide vacated Charlotte Street are to be lengthened or shortened as necessary to end at the Northerly right-of-way line of said former East 68th Street and the Northerly right-of-way line of said relocated East 68th Street

 

Section 5. That the Director of Public Works is hereby authorized to execute a Termination of Agreement for Deferral of Signalization Between University Academy Supporting Foundation and the City of Kansas City, Missouri, a Termination of Agreement for Deferral of Public Improvements for 68th Street Between University Academy Supporting Foundation and the City of Kansas City, Missouri, a Covenant to Maintain Storm Water Detention Facility Agreement, and a Cooperative Agreement for Public Improvements for 68th Street Sidewalk Improvement, to be in a form substantially as that attached hereto as Exhibits A, B, C, and D and incorporated herein by reference.

 

Section 6. That the City Clerk is hereby directed to file copies of this ordinance, together with the Termination of Agreement for Deferral of Signalization Between University Academy Supporting Foundation and the City of Kansas City, Missouri, Termination of Agreement for Deferral of Public Improvements for 68th Street Between University Academy Supporting Foundation and the City of Kansas City, Missouri, Covenant to Maintain Storm Water Detention Facility Agreement and a Cooperative Agreement for Public Improvements for 68th Street Sidewalk Improvement, in the Office of the Secretary of State of Missouri and in the Office of the Recorder of Deeds of Jackson County, Missouri together with all other relevant documents.

 

Section 7. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

 

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Approved as to form and legality:

 

 

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James M. Brady

Assistant City Attorney