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Legislation #: 011743 Introduction Date: 12/13/2001
Type: Ordinance Effective Date: 12/30/2001
Sponsor: COUNCILMEMBER FORD
Title: Approving the plat of The Preserve First 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 directing the City Clerk to file this ordinance and attached agreement.

Legislation History
DateMinutesDescription
12/13/2001

Prepare to Introduce

12/13/2001

Referred Planning, Zoning & Economic Development Committee

12/19/2001

Advance and Do Pass as a Committee Substitute

12/20/2001

Passed as Substituted


View Attachments
FileTypeSizeDescription
011743, cs (part 1).pdf Authenticated 1794K passed ordinance/recordings
011743 and attachments.pdf Other 3702K original ordinance and attachments

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 011743

 

Approving the plat of The Preserve First 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 directing 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 The Preserve First 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 Document No. N 45669, under Book No. 2690 Page 677, be and the same is hereby released to the respective owner, their successors or assigns, over that part of aforesaid easement described as follows:

 

A strip of land 10 feet wide, lying 5 feet of each side of the following described centerline which lie in the following tract of land: Said tract of land being the North Half of Section 10, Township 51 North, Range 32 West, except that part in Missouri Highway 152 right of way and Park Department property, as both now established, said description of centerline commences at a point within the Northwest Quarter of Section 10, Township 51 North, Range 32 West, which lies 2110.41 feet south and 111.88 feet west of the northeast corner of said Northwest Quarter as measured along and perpendicular to the east line of said Northwest Quarter Section; thence North 77E47'25" West (this bearing and all subsequent bearings being referenced to the east line of said Quarter Section which has a bearing of North 00E31'42" East), a distance of 288.43 feet, which is the true point of beginning of said easement centerline; thence continuing North 77E47'25" West, a distance of 21.57 feet said point being the termination of said easement centerline.


Section 5. That the temporary cul-de-sac easement, attached hereto, for public street use terminating when public streets are extended through and beyond said easement, is hereby accepted for the purpose stated.

 

Section 6. Pursuant to the recommendation of the Board of Parks and Recreation Commissioners as evidenced by their Resolution No. 25591 duly adopted on December 18, 2001, the following described portion of land dedicated for use as public right of way is hereby accepted for parkway and boulevard purposes and shall remain such forever in accordance with Section 58 of Article III of the Charter of Kansas City.

 

A tract of land in the North Half of Section 10, Township 51 North, Range 32 West, in the City of Kansas City, Clay County, Missouri, more particularly described as follow: Commencing at the southeast corner of the Northwest Quarter of said Section 10; thence North 00E21'36" East, along the east line of the Northwest Quarter of said Section 10, a distance of 86.21 feet to a point on the northerly right of way of Missouri Highway 152; thence North 88E24'09" West, along the northerly right of way of Missouri Highway 152, a distance of 174.73 feet; thence continuing along the northerly right of way of Missouri Highway 152, along a curve to the right having a radius of 482.96 feet, a central angle of 29E36'45", with an initial tangent bearing of North 88E34'49" West, an arc distance of 249.61 feet; thence continuing along said right of way, North 54E45'47" West, a distance of 280.53 feet; thence continuing along said right of way along a curve to the left having a radius of 682.96 feet, a central angle of 30E30'49", with an initial tangent bearing of North 58E48'14" West an arc distance of 363.72 feet; thence continuing along said right of way North 39E52'53" West, a distance of 98.23 feet; thence continuing along said right of way, North 89E29'33" West, a distance of 52.13 feet to a point on the easterly right of way of Shoal Creek Parkway; thence North 00E34'36" East, along the easterly right of way of Shoal Creek Parkway, a distance of 161.81 feet to the point of beginning; thence continuing along the easterly right of way of Shoal Creek Parkway, North 00E34'36" East, a distance of 219.34 feet; thence South 89E25'24" East, a distance of 7.03 feet; thence South 28E08'37" East, a distance of 74.17 feet; thence South 01E41'16" West, a distance of 89.35 feet; thence South 28E08'37" West, a distance of 73.27 feet; thence North 89E25'24" West, a distance of 7.03 feet to the point of beginning. The above described tract contains 6909 square feet or 0.16 acres, more or less.

 

Section 7. That the Director of Public Works is hereby authorized to execute four (4) Agreements, to be in a form substantially as that attached hereto as Exhibit "A", B, C, and D.

 

Exhibit A - Deferral Agreement for Public Improvements for Right Turn Lane.

Exhibit B Deferral Agreement for Public Improvement for Bicycle Paths.

Exhibit C Agreement to Maintain Street Lights in the Public Right-of-Way.

Exhibit D Covenant for Maintenance of Storm Water Detention Facility.

Section 8. That the City Clerk is hereby directed to file copies of this ordinance, together with the Agreements, 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.

 

Recommended for approval this ____ day of _____________, 2001.

 

_____________________________________________

 

Approved as to form and legality:

 

 

____________________________________

Assistant City Attorney