COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 061283
Accepting the General Warranty
Deed by and between Zions Securities Corporation conveying to the City of
Kansas City, Missouri, certain property for streets and other public purposes;
accepting various easements; establishing grades on public ways; authorizing the
Director of City Development to execute certain agreements and accept certain
agreements; and authorizing the City Clerk to file this ordinance and attached
documents.
WHEREAS said
property shall be used for street and other public purposes as a part of N.E.
82nd Terrace and N. Farley Avenue together with easements in remaining lands on
the abutting property along and adjacent to said streets, where required for
the location, construction, and maintenance of an embankment or for sloping the
sides of cuts back to construct and maintain said street at the established
grade; also, said parties of the first part are hereby waiving damages, if any,
by reason of the grading of said street; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the deed conveying property to the City
of Kansas City, Missouri, for streets and other public purposes now known as N.E.
82nd Terrace and N. Farley Avenue, a true copy attached hereto, was recorded on
October 16, 2006, at 12:58:14 PM, Instrument No. 2006045695 in Book 5524 on
page 180, is hereby accepted. The property is
legally described as follows:
All that part of the
Southwest Quarter of Section 10, the Southeast Quarter of Section 10, and the
Southwest Quarter of Section 11, all in Township 51 North, Range 32 West, in
the City of Kansas City, Clay County, Missouri, being more particularly
described as follows: commencing at the northwest corner of the Southwest
Quarter of said Section 11, thence South 00 degrees 19 minutes 03 seconds West,
with the west line of the Southwest Quarter of said Section 11, a distance of
659.30 feet to the point of beginning; thence South 90 degrees 00 minutes 00
seconds East, a distance of 456.24 feet to a point of curvature; thence on a
curve to the right having a radius of 755.00 feet, a central angle of 27
degrees 52 minutes 38 seconds, an arc distance of 367.34 feet; thence South 62
degrees 07 minutes 22 seconds East, a distance of 125.93 feet to a point of
curvature; thence on a curve to the left having a radius of 645.00 feet, a
central angle of 02 degrees 17 minutes 15 seconds, an arc distance of 25.75
feet to a point on the existing north right-of-way of NE 82nd
Terrace, as established by The Plaza @ Shoal Creek, a subdivision; thence
South 25 degrees 35 minutes 23 seconds West, a distance of 110.00 feet to a
point on the existing south right-of-way of said NE 82nd Terrace, as
established by The Plaza @ Shoal Creek; thence on a curve to the right having
a radius of 755.00 feet, a central angle of 02 degrees 17 minutes 15 seconds,
with an initial tangent bearing of North 64 degrees 24 minutes 37 seconds West,
an arc distance of 30.14 feet; thence North 62 degrees 07 minutes 22 seconds
West, a distance of 125.93 feet to a point of curvature; thence on a curve to
the left having a radius of 645.00 feet, a central angle of 27 degrees 52
minutes 38 seconds, an arc distance of 313.82 feet; thence North 90 degrees 00
minutes 00 seconds West, a distance of 252.65 feet to a point of curvature;
thence on a curve to the left having a radius of 20.00 feet, a central angle of
90 degrees 00 minutes 00 seconds, an arc distance of 31.42 feet; thence South
00 degrees 00 minutes 00 seconds West, a distance of 44.50 feet to a point of
curvature; thence on a curve to the right having a radius of 512.00 feet, a
central angle of 09 degrees 35 minutes 55 seconds, an arc distance of 85.77
feet to a point of reverse curvature; thence on a curve to the left having a
radius of 488.00 feet, a central angle of 09 degrees 35 minutes 55 seconds, an
arc distance of 81.75 feet; thence South 00 degrees 00 minutes 00 seconds West,
a distance of 82.19 feet to a point on the existing east right-of-way of N. Farley
Avenue, as established by The Village Third Plat, a subdivision; thence North
90 degrees 00 minutes 00 seconds West, a distance of 80.00 feet to a point on
the existing north right-of-way of NE 82nd Street, as established by
The Village Third Plat; thence on a curve to the left having a radius of
20.00 feet, a central angle of 90 degrees 00 minutes 00 seconds, with an
initial tangent bearing of South 90 degrees 00 minutes 00 seconds East, an arc distance
of 31.42 feet; thence North 00 degrees 00 minutes 00 seconds West, a distance
of 62.19 feet to a point of curvature; thence on a curve to the left having a
radius of 488.00 feet, a central angle of 09 degrees 35 minutes 55 seconds, an
arc distance of 81.75 feet to a point of reverse curvature; thence on a curve
to the right having a radius of 512.00 feet, a central angle of 09 degrees 35
minutes 55 seconds, an arc distance of 85.77 feet; thence North 00 degrees 00
minutes 00 seconds West, a distance of 44.50 feet to a point of curvature;
thence on a curve to the left having a radius of 20.00 feet, a central angle of
90 degrees 00 minutes 00 seconds, an arc distance of 31.42 feet; thence South
90 degrees 00 minutes 00 seconds West, a distance of 76.20 feet to a point on
the east line of the Southeast Quarter of said Section 10; thence continuing
South 90 degrees 00 minutes 00 seconds West, a distance of 110.06 feet to a
point of curvature; thence on a curve to the left having a radius of 695.00
feet, a central angle of 24 degrees 46 minutes 05 seconds, an arc distance of
300.44 feet; thence South 65 degrees 13 minutes 55 seconds West, a distance of
143.11 feet to a point of curvature; thence on a curve to the left having a
radius of 2779.00 feet, a central angle of 01 degrees 29 minutes 55 seconds, an
arc distance of 72.69 feet to a point of reverse curvature; thence on a curve
to the right having a radius of 651.00 feet, a central angle of 13 degrees 48
minutes 24 seconds, an arc distance of 156.87 feet to a point of reverse
curvature; thence on a curve to the left having a radius of 79.00 feet, a
central angle of 33 degrees 06 minutes 07 seconds, an arc distance of 45.64
feet; thence South 44 degrees 26 minutes 17 seconds West, a distance of 24.89
feet to a point of curvature; thence on a curve to the left having a radius of
55.00 feet, a central angle of 48 degrees 15 minutes 02 seconds, an arc
distance of 46.32 feet to a point of reverse curvature; thence on a curve to
the right having a radius of 521.00 feet, a central angle of 01 degrees 39
minutes 27 seconds, an arc distance of 15.07 feet; thence South 90 degrees 00
minutes 00 seconds West, a distance of 110.78 feet; thence North 02 degrees 53
minutes 08 seconds West, a distance of 14.42 feet; thence on a curve to the
left having a radius of 79.00 feet, a central angle of 40 degrees 08 minutes 47
seconds, with an initial tangent bearing of North 04 degrees 20 minutes 06
seconds West, an arc distance of 55.35 feet; thence North 44 degrees 28 minutes
53 seconds West, a distance of 7.54 feet to a point of curvature; thence on a
curve to the left having a radius of 55.00 feet, a central angle of 54 degrees
06 minutes 06 seconds, an arc distance of 51.93 feet to a point of reverse
curvature; thence on a curve to the right having a radius of 221.00 feet, a
central angle of 08 degrees 34 minutes 59 seconds, an arc distance of 33.11
feet; thence South 90 degrees 00 minutes 00 seconds West, a distance of 44.53
feet to a point of curvature; thence on a curve to the left having a radius of
1145.00 feet, a central angle of 46 degrees 16 minutes 55 seconds, an arc
distance of 924.90 feet; thence South 43 degrees 43 minutes 05 seconds West, a
distance of 869.08 feet to a point of curvature; thence on a curve to the right
having a radius of 455.00 feet, a central angle of 17 degrees 32 minutes 03
seconds, an arc distance of 139.24 feet to a point on the east line of the
Southwest Quarter of said Section 10; thence continuing on a curve to the right
having a radius of 455.00 feet, a central angle of 68 degrees 30 minutes 44
seconds, an arc distance of 544.07 feet; thence North 50 degrees 14 minutes 08
seconds West, a distance of 460.93 feet to a point of curvature; thence on a
curve to the left having a radius of 745.00 feet, a central angle of 25 degrees
51 minutes 05 seconds, an arc distance of 336.14 feet; thence North 76 degrees
05 minutes 12 seconds West, a distance of 24.47 feet to a point on the east
right-of-way of Shoal Creek Parkway; thence with the east right-of-way of said
Shoal Creek Parkway, on a curve to the left having a radius of 3757.05 feet, a
central angle of 01 degrees 40 minutes 43 seconds, with an initial tangent
bearing of North 12 degrees 52 minutes 54 seconds East, an arc distance of
110.06 feet; thence South 76 degrees 05 minutes 12 seconds East, no longer with
the east right-of-way of said Shoal Creek Parkway, a distance of 28.07 feet to
a point of curvature; thence on a curve to the right having a radius of 855.00
feet, a central angle of 25 degrees 51 minutes 05 seconds, an arc distance of
385.77 feet; thence South 50 degrees 14 minutes 08 seconds East, a distance of
460.93 feet to a point of curvature; thence on a curve to the left having a
radius of 345.00 feet, a central angle of 79 degrees 18 minutes 49 seconds, an
arc distance of 477.58 feet to a point on the west line of the Southeast
Quarter of said Section 10; thence continuing on a curve to the left having a
radius of 345.00 feet, a central angle of 06 degrees 43 minutes 59 seconds, an
arc distance of 40.54 feet; thence North 43 degrees 43 minutes 05 seconds East,
a distance of 869.08 feet to a point of curvature; thence on a curve to the
right having a radius of 1255.00 feet, a central angle of 41 degrees 22 minutes
05 seconds, an arc distance of 906.12 feet to a point of reverse curvature;
thence on a curve to the left having a radius of 2104.00 feet, a central angle
of 01 degrees 51 minutes 50 seconds, an arc distance of 68.45 feet to a point
of reverse curvature; thence on a curve to the right having a radius of 521.00
feet, a central angle of 06 degrees 46 minutes 40 seconds, an arc distance of
61.63 feet; thence South 90 degrees 00 minutes 00 seconds East, a distance of
58.70 feet to a point of curvature; thence on a curve to the left having a
radius of 79.00 feet, a central angle of 43 degrees 17 minutes 03 seconds, an
arc distance of 59.68 feet; thence North 46 degrees 42 minutes 57 seconds East,
a distance of 1.07 feet to a point of curvature; thence on a curve to the left
having a radius of 55.00 feet, a central angle of 55 degrees 37 minutes 22
seconds, an arc distance of 53.39 feet to a point of reverse curvature; thence
on a curve to the right having a radius of 321.00 feet, a central angle of 04
degrees 47 minutes 01 seconds, an arc distance of 26.80 feet; thence North 89
degrees 49 minutes 48 seconds East, a distance of 111.60 feet; thence on a
curve to the left having a radius of 379.00 feet, a central angle of 01 degrees
10 minutes 14 seconds, with an initial tangent bearing of South 02 degrees 03
minutes 44 seconds East, an arc distance of 7.74 feet; thence South 03 degrees
13 minutes 58 seconds East, a distance of 29.29 feet to a point of curvature;
thence on a curve to the left having a radius of 59.00 feet, a central angle of
41 degrees 13 minutes 57 seconds, an arc distance of 42.46 feet; thence South
44 degrees 27 minutes 55 seconds East, a distance of 2.84 feet to a point of
curvature; thence on a curve to the left having a radius of 46.00 feet, a
central angle of 68 degrees 23 minutes 56 seconds, an arc distance of 54.91
feet to a point of reverse curvature; thence on a curve to the right having a
radius of 1517.00 feet, a central angle of 02 degrees 54 minutes 47 seconds, an
arc distance of 77.13 feet to a point of reverse curvature; thence on a curve
to the left having a radius of 745.00 feet, a central angle of 04 degrees 49
minutes 01 seconds, an arc distance of 62.63 feet; thence North 65 degrees 13
minutes 55 seconds East, a distance of 188.05 feet to a point of curvature;
thence on a curve to the right having a radius of 805.00 feet, a central angle
of 24 degrees 46 minutes 05 seconds, an arc distance of 347.99 feet; thence
North 90 degrees 00 minutes 00 seconds East, a distance of 110.67 feet to the
point of beginning. The above described tract contains 638698.07 square feet,
or 14.66 acres, more or less.
Section 2. That various easements in Kansas City, Clay
County, executed by the following persons, and which appear of record as the
instrument number, and respective book and page numbers are hereby accepted for
the purposes stated thereof:
1)
Temporary
Easement Instrument Number 2006033354, Book 5451, Page 77
2)
Permanent
Easement for Water Main and Appurtenances Instrument Number 2006033355, Book
5451, Page 78
3)
Standard
Sewer Easement Instrument 2006025687, Book 5405, Page 168
4)
Standard
Sewer Easement Instrument 2006025688, Book 5405, Page 169
5)
Standard
Sewer Easement Instrument 2006025689, Book 5405, Page 170
6)
Standard
Sewer Easement Instrument 2006025690, Book 5405, Page 171
7)
Standard
Sewer Easement Instrument 2006025691, Book 5405, Page 172
8)
Standard
Sewer Easement Instrument 2006025692, Book 5405, Page 173
9)
Storm
Drainage Easement Instrument 2006029300, Book 5427, Page 25
10)
Storm
Drainage Easement Instrument 2006029301, Book 5427, Page 26
11)
Storm
Drainage Easement Instrument 2006029302, Book 5427, Page 27
12)
Storm
Drainage Easement Instrument 2006029303, Book 5427, Page 28
13)
Storm
Drainage Easement Instrument 2006029304, Book 5427, Page 29
14)
Storm
Drainage Easement Instrument 2006029305, Book 5427, Page 30
15)
Storm
Drainage Easement Instrument 2006029306, Book 5427, Page 31
16)
Storm
Drainage Easement Instrument 2006029307, Book 5427, Page 32
Section 3. That the grades of the streets and other
public ways set out on the approved Street & Storm plans (File No. 2006-073),
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
curves between such adjacent grade points, the elevations of which are therein
given, in feet above the City Directrix.
Section 4. That the Director of City Development is
hereby authorized to execute Agreement to Maintain Decorative Lights in Public
Right of Way, to be in a form substantially as that attached hereto as Exhibit
A and incorporated herein by reference.
Section 5. That the Director of City Development is
hereby authorized to execute and/or accept any and all agreements necessary to
clear the title of any right of way, utility easements or other public property
dedicated on the plat.
Section 6. That the City Clerk is hereby directed to
file copies of this ordinance, together with the documents described herein and
all other relevant documents together with the General Warranty Deed and the
Agreement to Maintain Decorative Lights, in the Office of the Recorder of Deeds
of Clay County, Missouri.
_____________________________________________
Approved
as to form and legality:
_________________________________
Mark
P. Jones
Assistant City Attorney