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Legislation #: 070207 Introduction Date: 2/15/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an amendment to a previously approved preliminary development plan in District CP-2 on a 39.2 acre tract of land generally located between 85th Terrace, 89th Street, Ward Parkway and State Line Road, to eliminate the required parking lot in Leawood, Kansas; and consenting to the release of two declarations and private covenants of restrictions regarding the parking lot.. (5186-CP-25)

Legislation History
DateMinutesDescription
2/15/2007 Filed by the Clerk's office
2/15/2007 Referred to Planning, Zoning & Economic Development Committee
3/7/2007 Hold On Agenda (3/14/2007)
3/14/2007 Advance and Do Pass as a Committee Substitute, Debate
3/15/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
070207 Mailing List.pdf Plan Mailing List 124K Mail List
070207 Docket Maps.pdf Maps 152K Document Maps
070203_204_205_206_207_208_Affidavit of Publication.pdf Other 69K Affidavit of Publication
Adv. 030707.pdf Advertise Notice 9K Advertise Notice
070207.pdf Authenticated 502K Authenticated
C005186CP25_FactSheet.doc Fact Sheet 53K Fact Sheet
C005186CP25_STAFFRPT_01_16_05.doc Staff Report 63K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070207

 

Approving an amendment to a previously approved preliminary development plan in District CP-2 on a 39.2 acre tract of land generally located between 85th Terrace, 89th Street, Ward Parkway and State Line Road, to eliminate the required parking lot in Leawood, Kansas; and consenting to the release of two declarations and private covenants of restrictions regarding the parking lot.. (5186-CP-25)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary development plan in District CP-2 (Local Planned Business Center) on approximately a 39.2 acre tract of land generally located between 85th Terrace, 89th Street, Ward Parkway and State Line Road, and more specifically described as follows:

 

Lot 1 and Lot 2, Ward Parkway Center, a subdivision in Kansas City, Missouri, according to the recorded plat filed as Document No. 2002K0032597, in Book K40, at page 55.

 

Together with the appurtenant easement rights, granted and established by and in accordance with the terms and provisions of air rights and easements agreement dated August 31, 1983, filed for record November 4, 1983, in the office of the Recorder of Deeds in Jackson County, Missouri, as Document No. K586164, in Book K1260, at page 544, as modified and amended by easement agreement dated September 14, 1988, filed for record September 15, 1988, as Document No. K846321, in Book K1847, at page 35 and in Office of Register of Deeds in and for Johnson County, Kansas, on October 12, 1988, as Document No. 1826903, in Volume 2880, at page 818, to and for the benefit of the property described in Schedule A, for support of improvements upon and within Tract A, said Tract A being more particularly described by metes and bounds on Exhibit B attached hereto and incorporated herein by reference, for ingress and egress to and from the parking facility upon and within said Tract A, and for designated common parking areas, access to the parking facility constructed upon and within said Tract A and truck tunnel access over, upon, across and under Tract B, said Tract B being more particularly described by metes and bounds on Exhibit B attached hereto and incorporated herein by reference.

 

Together with the appurtenant rights, non-exclusive perpetual easement, powers and privileges as granted, created and established by and provided in the instrument designated "Declaration Affecting Real Property Known As Ward Parkway Shopping Center in Kansas City, Missouri" filed December 23, 1959, as Document No. B330627, in Book B5271, at page 315, in Jackson County, Missouri, and filed for record December 24, 1959, as Document No. 591494, in Misc. Book 108, at page 217, in Johnson County, Kansas, for ingress and egress, pedestrian and vehicular traffic, parking, maintenance of public utility lines upon and within Tract A, said tract a being more particularly described by metes and bounds on Exhibit B attached hereto and incorporated herein by reference, and for access to and parking within the parking facility located upon and within said Tract A, and truck tunnel access over, upon, across and under Tract B, said Tract B being more particularly described by metes and bounds on Exhibit B attached hereto and incorporated by reference, and pedestrian and vehicular access over, in and through tunnel under State Line Road to Tract 2, said Tract 2 being more particularly described by metes and bounds on Exhibit B attached hereto and incorporated herein by reference, as modified, amended and affirmed by:

 

A. The Declaration dated August 31, 1961, filed for record December 4, 1961 in Jackson County, Missouri, as Document No, B-397700, in Book B-5459, page 555;

B. The Amended Declaration dated January 28, 1963 filed for record March 25, 1963, in Jackson County, Missouri, as Document No. B-441609, in Book B-5584, at page 582 and filed for record March 29, 1963 in Johnson County, Kansas, as Document No. 668915, in Misc. Book 134, page 77;

C. The Modification of Declaration dated August 27, 1971, filed for record December 20, 1971 in Jackson County, Missouri, as Document No. K-141610, in Book K-311, at page 79 and filed for record December 17, 1971, in Johnson County, Kansas, as Document No. 899114, in Misc. Book 227, page 591;

D. The Modification and Amendment of Declaration dated August 27, 1971, filed December 20, 1971 in Jackson County, Missouri, as Document No. K-141611, in Book K-311, page 91 and filed December 17, 1971, in Johnson County, Kansas, as Document No. 899125, in Misc. Book 227, page 602;

E. The Modification and Amendment of Declaration dated June 20, 1978, filed June 27, 1978, in Jackson County, Missouri, as Document No, K-371422, in Book K-856, at page 1066 and filed June 27, 1978, in Johnson County, Kansas, as Document No. 1174734, in Volume 1353, page 770.

 

F. The Affirmation and Modification of Declaration dated December 23, 1983, December 27, 1983 in Jackson County, Missouri, as Document No K-593185, in Book K-1307, page 1842 and filed April 27, 1984, in Johnson County, Kansas, as Document No. 1466129, in Volume 1998, at page 400.

 

G. The Easement Agreement dated September 14, 1988, filed for record September 15, 1988. in Jackson County, Missouri. as Document No. K846321, in Book K1847, at page 35 and filed October 12, 1988, in Johnson County, Kansas, as Document No. 1826903, in Volume 2880, at page 818,

 

to the benefit of insured and the subject property over, upon, across and under said Tract 2, said Tract A and said Tract B.

 

Together with appurtenant rights, powers and privileges to non-exclusive perpetual roadway easement and tunnel under state line road for pedestrian and vehicular traffic for ingress to and egress from the subject property as granted, created and established by and provided in the instrument designated "Declaration of Easement, Reservations and Covenants", filed December 29, 1971, in Jackson County, Missouri, as Document No. K142536, in Book K313, at page 38 and filed December 30, 1971, in Johnson County, Kansas, as Document No. 900020, in Misc. Book 228, at page 231, to and for the benefit of the insured and subject property over, upon, across and under Tract A, Tract B, and Tract 2, said tracts being more particularly described by metes and bounds on Exhibit B attached hereto and incorporated herein by referenced. together with the appurtenant rights, title, interests, non-exclusive perpetual easement and privileges for off-street parking as granted and established by and provided in instrument designated "Declaration and Private Covenant of Restrictions", filed June 15, 1994, in Jackson County, Missouri, as Document No. K1145396, in Book K2572, at page 2047, to and for the benefit of the insured and the subject property, and over, upon, across and under tract 2, said Tract 2 being more particularly described by metes and bounds on Exhibit B attached hereto and incorporated herein by reference.

 

Together with a non-exclusive easement for the passage and parking of vehicles over and across the parking and driveway areas, and for the accommodation of pedestrians over and across the parking, driveways and sidewalk areas, for the benefit of the subject property, as granted, created and established by and provided in the instrument designated "Declaration of Covenants, Easements and Restrictions and Operating Agreement" recorded January 22, 2002 as Document No. 2002K0003652 over and across the property therein described.

 

The above tract of land contains 34.763 acres more or less.

 


Legal Description for EHMD L.L.C.:

 

All that part of the Southwest Fractional 1/4 of Section 19, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the south line of the North 1/2 of said Southwest Fractional 1/4 that is North 87 degrees 10 minutes 57 seconds West, 165.44 feet from the southeast corner of said North 1/2, said point also being on the west line of Ward Parkway as now established, said point also being the true point of beginning of the tract of land to be herein described; thence South 7 degrees 47 minutes 07 seconds West along the west line of said Ward Parkway, a distance of 36.54 feet to a point on the northerly line of 89th Street, as established by Ordinance No. 40878; thence southwesterly along said northerly line on a curve to the right having an initial tangent bearing of South 68 degrees 44 minutes 58 seconds West and a radius of 703.98 feet, an arc distance of 165.31 feet; thence North 0 degrees 03 minutes 21 seconds West, a distance of 17.50 feet; thence South 89 degrees 56 minutes 39 seconds West, a distance of 4.00 feet; thence North 0 degrees 03 minutes 21 seconds West, a distance of 339.40 feet; thence South 89 degrees 57 minutes 56 seconds West, a distance of 29.27 feet; thence North 0 degrees 02 minutes 04 seconds West. a distance of 302.66 feet: thence North 89 degrees 57 minutes 56 seconds East, a distance of 6.26 feet; thence North 0 degrees 02 minutes 04 seconds West, a distance of 3.57 feet; thence North 89 degrees 57 minutes 56 seconds East, a distance of 236.34 feet to a point on the west line of the aforesaid Ward Parkway; thence in a southerly direction along said west line on a curve to the right having an initial tangent bearing of South 0 degrees 22 minutes 08 seconds East and a radius of 4250.00 feet, an arc distance of 550.14 feet; thence South 7 degrees 47 minutes 07 seconds West continuing along said west line, tangent to the curve last described, a distance of 37.68 feet to the point of beginning. Containing 3.088 acres, more or less.

 

Legal Description for Valley View State Bank:

 

All of that part of the South Half of the Northwest Quarter of Fractional Section 19, Township 48, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows: Commencing at the northwest corner of the South Half of the Northwest Quarter of Section 19; thence South 2 degrees 15 minutes 40 seconds East along the east line of said Half Quarter Section, a distance of 325.00 feet to a point on the south right-of-way line of said 85th Street Terrace, a distance of 278.72 feet to the point of beginning of the tract of land to be herein described; thence South 2 degrees 15 minutes 40 seconds East, parallel with the west line of said Half Quarter Section, a distance of 110.00 feet; thence South 12 degrees 40 minutes 46 seconds East, a distance of 105.07 feet; thence North 87 degrees 44 minutes 20 seconds East, a distance of 63.40 feet to the westerly right-of-way line of Ward Parkway as now established; thence northwesterly along the westerly right-of-way line of said Ward Parkway along a curve to the right having a radius of 2,545.0 feet, said curve having an initial tangent bearing of North 25 degrees 51 minutes 20 seconds West, a central angle of 4 degrees 24 minutes 49 seconds, an arc distance of 196.05 feet to the south right-of-way line of 85th Terrace; thence North 89 degrees 13 minutes 39 seconds West, along said south right-of-way line, a distance of 105.15 feet to the point of beginning.

 

Legal Description for 8821 Colony Corporation:

 

A tract of land lying in part of the North 1/2 of the Southwest Fractional 1/4 of Section 19, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the easterly line of the Missouri-Kansas state line road, as now established, and in the most northerly line of 89th Street, as now established; thence north along the east line of said State Line Road, which line has a bearing of North 2 degrees 57 minutes West, (deed) (South 0 degrees 41 minutes 58 seconds West) (measured), a distance of 175.00 feet to a point; thence east at right angles to the last described course, along a line having a bearing of North 87 degrees 03 minutes East, (deed) (South 89 degrees 18 minutes 02 seconds East) (measured), a distance of 150.00 feet to a point; thence south and parallel to the east line of said State Line Road, along a line having a bearing of South 2 degrees 57 minutes East, (deed) (South 0 degrees 41 minutes 58 seconds East) (measured), a distance of 15.55 feet; thence North 87 degrees 03 minutes East (deed) (North 89 degrees 18 minutes 02 seconds East) (measured), a distance of 12.58 feet; thence South 2 degrees 57 minutes East (deed) (South 0 degrees 41 minutes 58 seconds East) (measured), a distance of 48.00 feet; thence South 87 degrees 03 minutes West (deed) (South 89 degrees 18 minutes 02 seconds West) (measured), a distance of 12.58 feet thence South 2 degrees 57 minutes East (deed) (South 0 degrees 41 minutes 58 seconds East) (measured), a distance of 123.30 feet to a point on the northerly line of 89th Street, as now established; thence northwesterly and westerly along the northerly line of said 89th Street following a curve bearing to the left having a radius of 385.28 feet, whose initial tangent has a bearing of North 78 degrees 57 minutes 53 seconds West, (deed) (North 81 degrees 12 minutes 53 seconds West) (measured), a distance of 90.79 feet to a point of tangent; thence west along a line tangent to the last described curve, said tangent having a bearing of South 87 degrees 32 minutes West, (deed) (89 degrees 47 minutes 02 seconds West) (measured), a distance of 60.14 feet to the point of beginning.

 

is hereby approved. A copy of said amendment is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

Section C. That the City consents to the release of that certain Declaration and Private Covenant of Restrictions dated August 27, 1971 and recorded December 17, 1971 as Document No. 833126 in Book 227 and Page 626 in the Office of the Recorder of Deeds of Johnson County, Kansas, and dated August 27, 1971 and recorded December 20, 1971 as Document No. K141612 in Book 311 and Page 114 in the Office of the Recorder of Deeds of Jackson County, Missouri; and that certain Declaration and Private Covenant of Restrictions dated June 8, 1994 and recorded June 15, 1994 as Document No. K1145396 in Book 2572 and Page 2047 in the Office of the Recorder of Deeds of Jackson County, Missouri, each restricting the use of certain real estate in the City of Leawood, Johnson County, Kansas designated as Parcel 3 in such Declarations and more specifically described as follows:

 

All that part of the North of the North 12 of Fractional Section 35, Township 12, Range 25, in Leawood, Johnson County, Kansas, described as all of the North 550 feet of Fractional Section 35, Township 12, Range 25, measured parallel with the West section line except that part of the North 100 feet thereof, measured parallel with the West section line, that lies East of the southerly prolongation of the West line of Lot 285 of Leawood, a subdivision of land.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney