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Legislation #: 031365 Introduction Date: 12/18/2003
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving the plat of Kellybrook Second Plat, an addition in Kansas City, Clay County, Missouri; accepting 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 authorizing the City Clerk to file this ordinance and attached agreement.

Legislation History
DateMinutesDescription
12/18/2003

Prepare to Introduce

12/18/2003

Referred Planning, Zoning & Economic Development Committee

1/7/2004

Advance and Do Pass

1/8/2004

Passed


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ORDINANCE NO. 031365

 

Approving the plat of Kellybrook Second Plat, an addition in Kansas City, Clay County, Missouri; accepting 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 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 Kellybrook Second 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 the lands heretofore designated and selected by the Board of Park and Recreation Commissioners as evidenced by their Resolution No. 25967 duly adopted on 25th of October, 2003, for public use for park purposes, to-wit:

 

A tract of land located in part of the South Half of Section 27, Township 52, Range 32, in Kansas City, Clay County, Missouri, described as follows: Commencing at the center of Section 27, Township 52, Range 32; thence South 00E2901 West, a


distance of 50.00 feet to a point on the south right-of-way line of N.E. 108th Street; thence South 89E3045 East, a distance of 88.55 feet, along said south right-of-way line, to the point of beginning; thence South 49E4533 East, a distance of 163.43 feet; thence South 33E4634 East, a distance of 207.22 feet; thence South 56E1326 West, a distance of 165.00 feet; thence South 33E4634 East, a distance of 50.00 feet; thence North 56E1326 East, a distance of 120.00 feet; thence South 33E4634 East, a distance of 223.57 feet; thence South 17E1044 East, a distance of 85.44 feet; thence South 13E4558 East, a distance of 207.92 feet; thence South 27E4439 East, a distance of 74.29 feet; thence South 20E3318 East, a distance of 85.37 feet; thence South 12E4843 East, a distance of 85.68 feet; thence South 00E2837 West, a distance of 300.23 feet; thence South 89E3123 East, a distance of 50.18 feet; thence North 00E2807 East, a distance of 895.35 feet, to the northeasterly line of a 100 foot wide Missouri Public Service Transmission Line Easement, filed as Document C-29840, in Book 1007, at page 301 in the Office of the Clay County Recorder; thence along said northeasterly line, North 43E5519 West, a distance of 270.72 feet; thence departing said northeasterly line along a curve to the right, having an initial tangent bearing of North 66E3726 West, a radius of 50.00 feet, an arc distance of 39.62 feet, to a point on said northeasterly line; thence along said northeasterly line, North 43E5519 West, a distance of 169.19 feet; thence North 00E2923 East, a distance of 101.69 feet to a point on the south right-of-way line of N.E. 108th Street; thence North 89E3045 West, a distance of 236.86 feet, along said south right-of-way line to the point of beginning.

 

Containing 4.40 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 5. That the Director of Public Works is hereby authorized to execute a Cooperative Agreement for Public Improvements on N.E. 108th Street and a Covenant to Maintain Storm Water Detention Facility, to be in a form substantially as that attached hereto as Exhibits A and B incorporated herein by reference.

Section 6. That the City Clerk is hereby directed to file copies of this ordinance, together with the Cooperative Agreement for Public Improvements on N.E. 108th Street and a Covenant to Maintain Storm Water Detention Facility, 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 7. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

James M. Brady

Assistant City Attorney