ORDINANCE NO. 110520

Declaring certain real property surplus to the City’s needs; authorizing the Director of Capital Projects Department to offer for sale the property located at 5000 NE Vivion Road, all in Kansas City, Clay County, Missouri; dedicating a portion of said property for public right of way as part of N. Brighton Avenue; and directing the City Clerk to record this ordinance in the recorder's office of Clay County, Missouri.

WHEREAS, all City Departments have been notified and this property is not needed by the City and no interest has been expressed in retaining the land for future public use; and

WHEREAS, City-owned real estate located in part of the Northeast Quarter of Section 32, Township 51, Range 32 West is needed for public right of way. This includes the construction and maintenance of streets, utilities, and storm drainage improvements; and

WHEREAS, the council finds that said dedication is necessary and for the public good; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Director of Capital Projects Department is hereby authorized to offer for sale, the property located at 5500 NE Vivian Road, said property being more particularly described as follows:

The west 10.00 feet of the south 175.00 feet of lot 13, and the south 175.00 feet of Lots 14 through 17, Block 16 Kansas City Suburban Acreage Estates, a subdivision in Kansas City, Clay County, Missouri, except for part hereby dedicated for N. Brighton Avenue.

Section 2. That the City hereby dedicates real estate hereinafter described for public right of way (street), and storm drainage easement:

Public right of way (N. Brighton Avenue)

A tract of land situated in a portion of the south 175.0 feet of Lots 16 and 17, Kansas City Suburban Acreage Estates, a subdivision in Kansas City, Clay County, Missouri; said tract being more particularly described as follows:

Beginning at the original southwest corner of Lot 17,of said Kansas City Suburban Acreage Estates; thence N 00 degrees 42 minutes 23 seconds E, along the west line of said Lot, a distance of 10.00 feet to the true point of beginning; thence continuing north along said west line, a distance of 165.00 feet; thence N 88 degrees 31 minutes 48 seconds E, a distance of 25.00 feet; thence S 00 degrees 42 minutes 23 seconds W, a distance of 113.45 feet to a point of curvature; thence southerly on a curve to the left, radius being 40.00 feet, initial tangent bearing S 00 degrees 42 minutes 23 seconds W, arc length 113.47 feet; thence S 88 degrees 31 minutes 49 seconds W, a distance of 66.57 feet to the true point of beginning.

Storm Drainage Easement

A tract of land situated in a portion of the south 175.0 feet of Lot 17, Kansas City Suburban Acreage Estates, a subdivision in Kansas City, Clay County, Missouri; said tract being more particularly described as follows:

Commencing at the Northwest Corner of said Lot 17; thence South 00 degrees 42 minutes 23 seconds West along the West Line of said Lot 17 a distance of 125.00 feet; thence North 88 degrees 31 minutes 48 seconds East a distance of 25.00 feet; thence South 00 degrees 42 minutes 23 seconds West and parallel to the West Line of said Lot 17 a distance of 123.44 feet; thence on a curve to the left with a Radius of 40.00 feet, an Arc Length of 2.34 feet and a Delta Angle of 03 degrees 21 minutes 21 seconds for a Point of Beginning; thence continuing on a curve to the left with a Radius of 40.00 feet, an Arc Length of 62.01 feet and a Delta Angle of 88 degrees 49 minutes 14 seconds to the right-of-way line for Vivion Road; thence North 88 degrees 31 minutes 48 seconds East along the right-of-way line for Vivion Road a distance of 3.43 feet; thence North 49 degrees 24 minutes 49 seconds West a distance of 58.49 feet to the Point of Beginning, containing 507.6 square feet, more or less, all in the City of Kansas City, Clay County, Missouri.

Section 3. The public right of way (N. Brighton) shall be used by Kansas City for street improvements and any necessary appurtenances. Kansas City shall have the right to enter upon said land for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto, and once completed will be used as public right of way.

Section 4. The storm drainage easements shall be used by Kansas City as the permanent location of drainage improvements to be constructed therein including any necessary appurtenances to it; and Kansas City shall have the right to enter in or authorize the entry in and upon such permanent easements for the purpose of constructing, reconstructing, maintaining, operating and repairing said improvements or making connections thereto.

Section 5. That upon the effective date of this ordinance, the City Clerk is hereby directed to cause this ordinance to be recorded in the office of the Recorder of Deeds for Clay County, Missouri.

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Approved as to form and legality:

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Theodore T. Anderson

Assistant City Attorney