ORDINANCE NO. 000800, AS AMENDED

Approving the plat of Midtown Market Place, an addition in Kansas City, Jackson County, Missouri; accepting various easements; accepting certain lands for parkway and boulevard 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 Midtown Market Place, 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 lands heretofore designated and selected by the Board of Park and Recreation Commissioners as evidenced by their Resolution No. 25182 duly adopted on August 1, 2000, for public use for parkway and boulevard purposes, to_wit:

A tract of land in the Southwest 1/4 of Section 17, Township 49 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Jackson County, Missouri described as follows: Commencing at the intersection of the east right of way line of Main Street as established by Ordinance No. 1289, dated March, 1890 and the south right of way line of Linwood Boulevard as established by Ordinance No. 36036, dated November, 1919; thence North 7405'03" East (all bearings herein are referenced to the Missouri State Plane Coordinate System of 1983, West Zone) on said south right of way line, 165.96 feet measured (168.67 feet ordinance); thence South 8713'24" East on said south right of way line , 619.84 feet to the point of beginning: Thence South 8713'24" East on said south line, 317.34 feet; thence South 8131'03" East on said south line, 50.29 feet; thence South 8713'24" East on said south line, 135.00 feet; thence South 8639'15" East on said south line, 14.00 feet; thence South 8706'12" East on said south line, 129.94 feet; thence North 8009'45" East on the south right of way line of said Linwood Boulevard, (said line also being the north line of a tract of land described in Committee Substitute for Ordinance No. 941202, dated September 1994, vacating part of Linwood Boulevard right of way) 185.80 feet; thence South 6900'00" West, 76.24 feet to a point of curvature; thence westerly on a curve to the right, being tangent to the last described course with a radius of 170.00 feet, delta of 2346'36", chord bearing of South 8053'18" West,

chord distance of 70.04 feet and an arc distance of 70.55 feet to a point of tangency; thence North 8713'24" West, 689.24 feet; thence North 219'00" East, 10.00 feet to the point of beginning.

Containing 0.161 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 4. That the Director of Public Works is hereby authorized to execute a Covenant to Maintain Storm Water Detention, to be in a form substantially as that attached hereto as Exhibit "A".

Section 5. That the City Clerk is hereby directed to file copies of this ordinance, together with the Covenant to Maintain Storm water Detention, 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 6. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

Recommended for approval this ____ day of _____________, 2000.

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Approved as to form and legality:

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Assistant City Attorney