ORDINANCE NO. 010012

Declaring property surplus to the Citys needs and approving the exchange of real estate located at 24th Terrace to 25th Street, west of Harrison to the Curators of the University of Missouri, located east of Troost and south of49th Street and the northeast corner of 51st Street and Troost; authorizing the Director of Finance to enter into a Commercial Real Estate Contract; and authorizing the Director of Finance to execute a Special Warranty Deed.

WHEREAS, the property owned by the City is surplus to the needs of the project for which it was originally intended; and

WHEREAS, the City and the Curators of the University of Missouri wish to exchange certain real estate described in the Commercial Real Estate Sales Contract; and

WHEREAS, the City needs the property owned by the Curators of the University of Missouri for support of the Troostwood Redevelopment efforts; and

WHEREAS, both the City and the Curators of the University of Missouri have the power to condemn properties which they require in order to carry out their respective governmental purposes; and

WHEREAS, the properties to be exchanged are approximately equal in value; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Council hereby approves the exchange of City owned real estate for real estate owned by the Curators of the University of Missouri, to be described as follows:

CITY REAL ESTATE:

The east 44 feet of Lots 6 and 7, all of Lots 8, 9, 10, 11, 12, 13 and 14, Block 5 of Plat of East 1/2 of Block 4 & 5 & 6 of Porter Place, Kansas City, Jackson County, Missouri. Also referenced to herein as extending from 24th Street to 25th Street, west of Harrison, Kansas City, Jackson County, Missouri.

CURATORS OF THE UNIVERSITY OF MISSOURI:

The south 5 feet of Lot 29 and all of Lots 30, 31 and 32, Troostwood, a subdivision in Kansas City, Jackson County, Missouri, known as 5037-41 Troost Avenue.

The west 15 feet of Lot 77 and the east 35 feet of Lot 78, Troostwood, a subdivision in Kansas City, Jackson County, Missouri, known as 1119 East 49th Street.

Part of Lots 75 and 76, Troostwood, described as follows: Beginning at a point on the south line of 49th Street in Kansas City, Jackson County, Missouri, at a point twelve and five-tenths (12.5) feet southwesterly measured along said south line of 49th Street from the northeast corner of said Lot 75; thence southwesterly measured along the south line of 49th Street forty-two and five-tenths (42.5); thence southeasterly to a point on the south line of Lot 76, fifteen and six-hundredths (15.06) feet southwesterly from the southeast corner thereof; thence northeasterly along the south line of said Lot 76 fifteen and six-hundredths (15.06) feet to the southeast corner thereof; thence easterly along the south line of said Lot 76, twenty-five and sixty-seven-hundredths (25.67) feet; thence northwesterly to the place of beginning. All in Kansas City, Jackson County, Missouri, known as 1129 East 49th Street.

Part of Lots 73 and 74, Troostwood, described as follows: Beginning at a point on the south line of 49th Street in Kansas City, Jackson County, Missouri, at a point seven and five-tens (7.5) feet westerly measured along said south line of 49th Street from the northeast corner of said Lot 73; thence westerly measured along the south line of 49th Street forty-two and five-tenths (42.5) feet; thence southeasterly to a point on the south line of said Lot 74, seven (7) feet west of the southeast corner thereof; thence easterly along the south lines of said Lots 74 and 73, thirty-six and forty-three-hundredths (36.43) feet; thence northwesterly to the place of beginning, all in Kansas City, Jackson County, Missouri, known as 1135 East 49th Street.

Part of Lots 72 and 73, Troostwood, described as follows: Beginning at a point on the south line of 49th Street in Kansas City, Jackson County, Missouri, at a point five (5) feet westerly measured along the south line of said 49th Street from the northeast corner of said Lot 72; thence in a westerly direction along the south line of 49th Street, a distance of forty-two and five-tenths (42.5) feet, measured along said south line of 49th Street; thence in a southeasterly direction to a point on the south line of said Lot 73, five (5) feet west of the southeast corner thereof; thence easterly along the south lines of Lots 72 and 73, thirty-six and eighty-one-hundredths (36.81) feet; thence northwesterly to the place of beginning, all in Kansas City, Jackson County, Missouri, known as 1139 East 49th Street.

Part of Lots 70 and 71, Troostwood, described as follows: Beginning at a point on the south line of 49th Street in Kansas City, Jackson County, Missouri, where the same is intersected by the east line of said Lot 70; thence in a westerly direction along the south line of 49th Street, a distance of forty-two and five-tenths (42.5) feet, measured along said south line of 49th Street; thence in a southeasterly direction to a point on the south line of said Lot 71, five (5) feet west of the southeast corner thereof; thence east along the south lines of said Lots 71 and 70, thirty-three and thirty-five-hundredths (33.35) feet to the southeast corner of said Lot 70; thence north along the east line of said Lot 70 to the place of beginning, all in Kansas City, Jackson County, Missouri, known as 1145 East 49th Street.

Section 2. That the Director of Finance is hereby authorized to execute a Commercial Real Estate Contract, on behalf of the City, with the Curators of the University of Missouri, a copy of which contract, in substantial form, is attached hereto and is hereby approved.

Section 3. That the Director of Finance is hereby authorized to execute a Special Warranty Deed, a copy of which is attached hereto, conveying the property described in the Commercial Real Estate Sale Contract to the Curators of the University of Missouri, upon satisfaction of the terms and conditions of the real estate contract.

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Approved as to form and legality:

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Assistant City Attorney