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Legislation #: 130090 Introduction Date: 1/31/2013
Type: Ordinance Effective Date: 2/10/2013
Sponsor: COUNCILMEMBER MARCASON
Title: Authorizing the execution of a Correction Special Warranty Deed to Truman Medical Center, Inc., to correct the legal description of a Special Warranty Deed filed with the Jackson County, Missouri Recorder of Deeds on August 27, 2012 as Instrument No. 2012E0091721.

Legislation History
DateMinutesDescription
1/31/2013 Filed by the Clerk's office
1/31/2013 Councilmember Marcason Move to Advance
1/31/2013 Passed

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ORDINANCE NO. 130090

 

Authorizing the execution of a Correction Special Warranty Deed to Truman Medical Center, Inc., to correct the legal description of a Special Warranty Deed filed with the Jackson County, Missouri Recorder of Deeds on August 27, 2012 as Instrument No. 2012E0091721.


WHEREAS, in connection with the issuance of the Kansas City Municipal Assistance Corporation Leasehold Improvement Revenue Bonds, Series 1991A (Truman Medical Center Charitable Foundation Project) in the original principal amount of $9,250,000.00 (the “Series 1991A Bonds”), Truman Medical Center, Inc. (“TMC”) conveyed certain property to the City upon which the TMC Hospital Hill Center Building is located, specifically, the property described in that certain Corporation Warranty Deed dated May 21, 1991 from TMC to the City, recorded on May 23, 1991 at Book K2127, Page 340, and the property described in that certain Corporation Warranty Deed dated December 15, 1986 from TMC to the City, recorded on December 30, 1986 at Book K1624, Page 822 (the “Hospital Property”); ; and

 

WHEREAS, the bonds were issued to provide funds to finance the cost of constructing and equipping an office building and parking facility to be located on the Hospital Property; and

 

WHEREAS, the City Council in Resolution No. 900823 determined it was beneficial to use the Kansas City Municipal Assistance Corporation (KCMAC”) for the funding of the project through the issuance of tax-exempt revenue bonds on behalf of the Truman Medical Center Charitable Foundation; and

 

WHEREAS, KCMAC issued its Leasehold Improvement Revenue Refunding Bonds, Series 1998B, (“the “Series 1998B Bonds”) in the amount of $9,000,000.00, to provide funds to refund the outstanding principal amount of the Series 1991A Bonds; and

 

WHEREAS, the Series 1998B Bonds have been fully paid and retired by the payments from Truman Medical Center Charitable Foundation or TMC and no further amounts are due; and

 

WHEREAS, the City Council in Ordinance No. 120535 authorized the conveyance of the Hospital Property to TMC by Special Warranty Deed; and

 

WHEREAS, the Special Warranty Deed did not include all of the property that the City intended to convey to TMC; and

 

WHEREAS, the City desires to execute a Correction Special Warranty Deed to correct the legal description in Instrument No. 2012E0091721, NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City is hereby authorized to execute a Correction Special Warranty Deed to Truman Medical Center, Inc., to correct the legal description of the Special Warranty Deed filed with the Jackson County, Missouri Register of Deeds on August 27, 2012 as Instrument Number 2012E0091721, to read as follows:

 

Part of Lot 1, "Truman Medical Center, Block 1," a subdivision, and part of the East 1/2 of vacated Kenwood Avenue in the Northwest 1/4 of the Southeast 1/4 of Section 8, Township 49, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Northeast corner of said 1/4 1/4 section, a distance of 188.00 feet; thence South 2 degrees 26 minutes 57 seconds West, a distance of 44.92 feet to a point on the East line of said Lot 1 and the true point of beginning of the tract of land herein described; thence South 2 degrees 26 minutes 57 seconds West along said East line, a distance of 354.68 feet; thence in a Southerly, Southwesterly and Westerly direction, continuing along said lot line, and along a curve to the right, tangent to the last described course, having a radius of 15.00 feet, a central angle of 90 degrees 19 minutes 31 seconds, an ARC distance of 23.65 feet to a point on the South line of said Lot 1; thence North 87 degrees 13 minutes 22 seconds West, along said South line and along its Westerly prolongation, a distance of 134.42 feet to a point on the centerline of said vacated Kenwood Avenue; thence North 2 degrees 26 minutes 57 seconds East along said centerline, a distance of 111.84 feet; thence South 87 degrees 33 minutes 03 seconds East, a distance 56.50 feet; thence North 2 degrees 26 minutes 57 seconds East, a distance of 67.00 feet; thence North 87 degrees 33 minutes 03 seconds West, a distance of 56.50 feet to a point on the aforesaid centerline of said vacated Kenwood Avenue; thence North 2 degrees 26 minutes 57 seconds East, along said centerline, a distance of 205.81 feet to a point on the Westerly prolongation of the North line of said Lot 1; thence South 87 degrees 14 minutes 01 seconds East, along last said prolongation and said North line of Lot 1, a distance of 134.59 feet; thence in an Easterly, Southeasterly and Southerly direction, continuing along last said lot line, along a curve to the right, tangent to the last described course, having a radius of 15.00 feet, a central angle of 89 degrees 41 minutes 03 seconds, an ARC distance of 23.48 feet to the true point of beginning, containing 53,627 square feet or 1.231 acre, more or less.

 

AND

 

All that part of Lot 1, "Truman Medical Center, Block One" a subdivision lying in the Northwest Quarter of the Southeast Quarter of Section 8, Township 49, Range 33, in Kansas City, Jackson County, Missouri, and all that part of vacated Kenwood Avenue lying west of said Lot 1 described as follows: Beginning at a point on the West line of said Lot 1, a distance of 112 feet north of the South line of said Lot 1; thence Wwest perpendicular to the West line of said Lot 1 across vacated Kenwood Avenue a distance of 27.5 feet; thence North parallel to the West line of vacated Kenwood Avenue a distance of 67 feet; thence East perpendicular to the last described line a distance of 56.5 feet; thence South along a line drawn parallel to the West line of the aforementioned Lot 1 a distance of 67 feet; thence West 29 feet to the point of beginning.

 

___________________________________________

 

Approved as to form and legality:

 

____________________________

Sarah Baxter

Assistant City Attorney