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Legislation #: 970588 Introduction Date: 5/8/1997
Type: Ordinance Effective Date: 6/1/1997
Sponsor: None
Title: Accepting various easements and deeds in Jackson, Clay and Platte Counties; releasing various easements; and directing the City Clerk to record the acceptance.

Legislation History
DateMinutesDescription
5/8/1997

Prepare to Introduce

5/8/1997

Referred Planning, Zoning & Economic Development Committee

5/14/1997

Do Pass

5/15/1997

Assigned to Third Read Calendar

5/22/1997

Passed


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ORDINANCE NO. 970588

 

Accepting various easements and deeds in Jackson, Clay and Platte Counties; releasing various easements; and directing the City Clerk to record the acceptance.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That various easements in Kansas City, Jackson County, executed by the following persons, and which appear of record as the instrument numbers and respective books and pages as follows:

 

1. Permanent Sewer Easement from Geraldine Dew, Instrument No. K0038277, Book 2887, Page 42, Easement No. S-287.

 

2. Permanent Sewer Easement from Janet L. Jackson, Instrument No. K0038280, Book 2887, Page 48, Easement No. S-249.

 

3. Authorization for Entry Upon Real Estate from Lori K. McCutcheon and Julia E. Gosney, Instrument No. K0038281, Book 2887, page 51, Easement No. T-228.

 

4. Authorization for Entry Upon Real Estate from Jeffrey W. Gabel and James E. Jordan, Instrument No. K0042177, Book 2896, Page 2248, Easement No. T-232.

 

5. Authorization for Entry Upon Real Estate from Douglas J. Harding, Instrument No. K0042178, Book 2896, Page 2250, Easement No. T-233.

 

6. Authorization for Entry Upon Real Estate from William R. Kalt and Janet Kalt O'Bannon, Instrument No. K0042179, Book 2896, Page 2252, Easement No. T-234.

 

7. Authorization for Entry Upon Real Estate from Lisa O. Lister, Instrument No. K0042180, Book 2896, Page 2256, Easement No. T-235.

 

8. Authorization for Entry Upon Real Estate from Alan L. Campbell, Instrument No. K0042182, Book 2896, Page 2260, Easement No. T-231.

 

9. Authorization for Entry Upon Real Estate from Gladys Collins and Barbara Borgelt, Trustees, Instrument No. K0044471, Book 2902, Page 1394, Easement No. T-230.

 

10. Authorization for Entry Upon Real Estate from Keath W. Ward, Instrument No. K0045272, Book 2905, Page 512, Easement No. T-237.

 

11. Authorization for Entry Upon Real Estate from Frances K. and Thomas Coker Jr., Instrument No. K0045275, Book 2905, Page 514, Easement No. T-238.

 

12. Authorization for Entry Upon Real Estate from Kim Oidtman, Instrument No. K0048954, Book 2914, Page 2155, Easement No. T-239.

 

13. Authorization for Entry Upon Real Estate from William H. McKay and Arlene E. McKay and Patrick H. McKay, Instrument No. K0048955, Book 2914, Page 2157, Easement No. T-240.

 

14. Permanent Easement for Water Main and Appurtenances from Bleakley Partnership #3, Instrument No. K0048956, Book 2914, Page 2160, Easement No. W-2534.

 

15. Permanent Easement for Water Main and Appurtenances from Quality Heights II Associates L.P., Instrument No. K0051237, Book 2921, Page 983, Easement No. W-2541.

 

16. Authorization for Entry Upon Real Estate from Angelo J. Tavernaro and Sue A. Tavernaro, Instrument No. K0050071, Book 2918, Page 37, Easement No. T-242.

 

17. Authorization for Entry Upon Real Estate from Curley Thomas Holmes and Mildred Holmes, Instrument No. K0050072, Book 2918, Page 39, Easement No. T-241.

 

18. Authorization for Entry Upon Real Estate from Jerry D. Conditt, Instrument No. K0053672, Book 2927, Page 72, Easement No. T-243.

 

19. Permanent Easement for Water Main and Appurtenances from Arizona Funding Corporation, Instrument No. K0053673, Book 2927, Page 74, Easement No. W-2543.

 

20. Temporary Easement for Construction of Sewer Main and Appurtenances from The Curators of the University of Missouri, Instrument K0008790, Book 2966, Page 1410, Easement No. T-244.

 

all recorded in the office of the Recorder of Deeds for Jackson County, Missouri, at Kansas City, are hereby accepted.

 

Section 2. That various easements and deeds in Kansas City, Jackson County, executed by the following persons, and which appear of record as the instrument numbers and respective books and pages as follows:

 

1. Permanent Easement for Water Main and Appurtenances from B. C. Ventures, LTD, Instrument No. I0072628, Book 2926, Page 527, Easement No. W-2542.

 

2. Corporation Quit-Claim Deed from SCI Missouri Funeral Services, Inc., Instrument No. I5128, Book 2955, page 419.

 

3. Temporary Easement from SCI Missouri Funeral Services, Inc., Instrument No. I5129, Book 2955, page 421.

 

4. Assignment of Right to Use Right of Way from City of Lee's Summit, Instrument No. I7776, Book 2960, Page 1487, Easement No. W-2545.

 

5. Water Line Easement from City of Lee's Summit, Instrument No. I7777, Book 2960, Page 1490, Easement No. W-2544.

 

6. Quit Claim Deed from City of Lee's Summit, Instrument No. I7778, Book 2960, Page 1492, Easement No. W-2546.

 

7. Permanent Easement for Water Main and Appurtenances from Visions Inc., Instrument I11316, Book 2968, Page 46, Easement No. W-2599.

 

all recorded in the office of the Recorder of Deeds for Jackson County, Missouri, at Independence, are hereby accepted.

 

Section 3. That various easements and deeds in Kansas City, Clay County, executed by the following persons, and which appear of record as the instrument numbers and respective books and pages as follows:

 

1. Permanent and Temporary Easement for Water Main and Appurtenances from Property Reserve Inc., Instrument No. M88068, Book 2530, Page 628, Easement No. W-2518.

 

2. Permanent and Temporary Sewer Easement from Deborah and Benson W. Weddle III, Instrument No. M93807, Book 2546, Page 430.

 

3. Permanent and Temporary Sewer Easement from Michael Burke, Trustee, Instrument No. N15927, Book 2606, Page 564, Easement No. S-288.

 

4. Temporary Easement from Good Shepherd United Methodist Church, Instrument No. N18535, Book 2613, page 442.

 

5. Permanent Easement for Water Main and Appurtenances from Amber Meadows Inc., Instrument No. N19093, Book 2615, Page 83, Easement No. W-2538.

 

6. Permanent Easement for Water Main and Appurtenances from Robert V. and Renee Campbell, Instrument No. N21959, Book 2623, Page 575, Easement No. W-2540.

 

7. Permanent and Temporary Sewer Easement from Tee-2-Green Inc., Instrument No. N21960, Book 2623, Page 577, Easement No. S-328.

 

8. Temporary Easement from Consolidated Library District No. 3, Instrument No. N26946, Book 2638, page 559.

 

9. General Warranty Deed from Lillian Christine Bivona, Instrument No. N26947, Book 2638, page 561.

 

10. Retaining Wall Easement from Lillian Christine Bivona, Instrument No. N26948, Book 2638, page 564.

 

11. Temporary Easement from Lillian Christine Bivona, Instrument No. N26950, Book 2638, page 569.

 

12. Temporary Easement from David E. and S. Elaine Wilson, Instrument No. N26956, Book 2638, page 585.

 

13. Temporary Easement from Leonard Dale and Juanita M. Risker, Instrument No. N27483, Book 2639, page 726.

 

14. Temporary Easement from M.C.S. Inc., Instrument No. N28554, Book 2642, page 418.

 

15. Temporary Easement from Oakhill Development, Inc., Instrument No. N28556, Book 2642, Page 423.

 

16. Permanent and Temporary Sewer Easement from Robertson Properties Inc., Instrument No. N31101, Book 2649, Page 867, Easement No. S-333.

 

17. Permanent and Temporary Sewer Easement from Bonneville International Corporation, Instrument No. N31102, Book 2649, Page 870, Easement No. S-334.

 

18. Permanent and Temporary Sewer Easement from Margaret R. and Leo W. Zahner III, Instrument No. N31103, Book 2649, Page 873, Easement No. S-0341.

 

19. General Warranty Deed from Windrose Housing, L.P., Instrument No. N32396, Book 2652, page 827.

 

20. Temporary Easement from Windrose Housing, L.P., Instrument No. N32397, Book 2652, page 830.

 

21. Temporary Easement from Bonnie J. Whitted, Trustee, Instrument No. N32400, Book 2652, page 837.

 

22. General Warranty Deed from Bettie Sue and W.D. Farmer and Drexel D. and Rosa Lee Bateman, Instrument No. N32401, Book 2652, page 840.

 

23. Temporary Easement from Bettie Sue and W.D. Farmer and Drexel D. and Rosa Lee Bateman, Instrument No. N32402, Book 2652, page 843.

 

24. General Warranty Deed from Bettie Sue and W.D. Farmer and Drexel D. and Rosa Lee Bateman, Instrument No. N32404, Book 2652, page 848.

 

25. Temporary Easement from Bettie Sue and W.D. Farmer and Drexel D. and Rosa Lee Bateman, Instrument No. N32405, Book 2652, page 851.

 

26. General Warranty Deed from Northland Cathedral Assembly of God, Inc., Instrument No. N32635, Book 2653, page 506.

 

27. Temporary Easement from Northland Cathedral Assembly of God, Inc., Instrument No. N32636, Book 2653, page 509.

 

28. General Warranty Deed from Mary Helen Glenn, Instrument No. N32701, Book 2653, page 709.

 

29. Retaining Wall Easement from Mary Helen Glenn, Instrument No. N32702, Book 2653, page 712.

 

30. Temporary Easement from Mary Helen Glenn, Instrument No. N32703, Book 2653, page 715.

 

31. General Warranty Deed from Dannis H. and Susan Olinger, Instrument No. N33333, Book 2655, page 512.

 

32. Temporary Easement from Dannis H. and Susan Olinger, Instrument No. N33334, Book 2655, page 515.

 

33. Permanent and Temporary Sewer Easement from Property Reserve Inc., Instrument No. N34605, Book 2658, Page 684, Easement No. S-253.

 

34. Permanent and Temporary Sewer Easement from Property Reserve Inc., Instrument No. N34607, Book 2658, Page 694, Easement No. S-254.

 

35. Permanent and Temporary Sewer Easement from Property Reserve Inc., Instrument No. N34609, Book 2658, Book 704, Easement No. S-255.

 

36. Standard Sewer Easement from Rechtfertig Homes, Inc., Instrument No. N36091, Book 2662, page 926.

 

37. Standard Sewer Easement from Briarcliff Development Company, Instrument No. N36092, Book 2662, page 929.

 

38. Corporation Warranty Deed from Tower Properties Company, Instrument No. N36093, Book 2662, page 932.

 

39. Temporary Easement from Tower Properties Company, Instrument No. N37598, Book 2667, page 192.

 

40. Temporary Easement from Nancy Staley (Hatfield) Laubach and Boatmen's Trust Company, Co-Trustees, Instrument No. N37599, Book 2667, page 194.

 

41. Storm Drainage Easement from Nancy Staley (Hatfield) Laubach and Boatmen's Trust Company, Co-Trustees, Instrument No. N37600, Book 2667, page 196.

 

42. Standard Sewer Easement from Tower Properties Company, Instrument No. N37601, Book 2667, Page 198.

 

43. Standard Sewer Easement from Tower Properties Company, Instrument No. N37602, Book 2667, Page 200.

 

44. Roadway Easement from Tower Properties Company, Instrument No. N37603, Book 2667, page 202.

 

all recorded in the office of the Recorder of Deeds for Clay County, Missouri, at Liberty, are hereby accepted.

 

Section 4. That various easements in Kansas City, Platte County, executed by the following persons, and which appear of record as the instrument numbers and respective books and pages as follows:

 

1. Permanent Easement for Water Main and Appurtenances from Larry G. and Jeannette E. Hurshman, Instrument No. 0001757, Book 858, Page 107, Easement No. W-2548.

 

2. Permanent Easement for Water Main and Appurtenances from Saint Luke's Northland Hospital Corporation, Instrument No. 0003953, Book 860, Page 280, Easement No. W-2551.

 

3. Permanent Easement for Water Main and Appurtenances from Spelman Development Corporation, Instrument No. 0003954, Book 860, Page 281, Easement No. W-2550.

 

4. Temporary Easement from Real Properties Holding, Inc., Instrument No. 0004168, Book 860, page 495.

 

5. Temporary Easement from Real Properties Holding, Inc., Instrument No. 0004169, Book 860, page 496.

 

6. Temporary Easement from Real Properties Holding, Inc., Instrument No. 0004170, Book 860, page 497.

 

7. Temporary Easement from Real Properties Holding, Inc., Instrument No. 0004171, Book 860, page 498.

 

8. Storm Drainage Easement from Real Properties Holding, Inc., Instrument No. 0004172, Book 860, page 499.

 

9. Storm Drainage Easement from Real Properties Holding, Inc., Instrument No. 0004173, Book 860, page 500.

 

10. Storm Drainage Easement from Real Properties Holding, Inc., Instrument No. 0004174, Book 860, page 501.

 

11. Standard Sewer Easement from Real Properties Holding, Inc., Instrument No. 0004751, Book 860, page 502.

 

all recorded in the office of the Recorder of Deeds for Platte County, Missouri, at Platte City, are hereby accepted.

 

Section 5. That the legal descriptions for such properties listed in Sections 1, 2, 3 and 4 are set forth in Exhibit "A", which is attached hereto and incorporated herein by reference.

 

Section 6. That the 50.0 foot wide storm drainage easement across Lot 7, Boardwalk Square, a subdivision in Kansas City, Platte County, Missouri, be and the same is hereby released to its present owners, their heirs and assigns, and the Director of Public Works, if so requested, is authorized to execute a quit-claim deed to the present owners, their successors or assigns as further evidence thereof.

 

Section 7. That a Standard Sewer Easement granted to Kansas City recorded as Document C37920, Book 1025, Page 87, granted on July 1, 1969, legally described as follows: A strip of land 15.0 feet in width through part of Section 32, Township 52, Range 32, Kansas City, Clay County, Missouri, lying 7.5 feet on either side of the following described centerline: Beginning at a point on the East line of the Southwest Quarter of said Section 32, said point being 634.76 feet North, as measured along said East line, from the Southeast corner of the Southwest Quarter of said Section 32; thence north 73 degrees 49 minutes 35 seconds West 407.03 feet; thence North 10 degrees 35 seconds 00 minutes West 638.10 feet; thence North 42 degrees 01 minutes 54 seconds West 760.82 feet; thence North 45 degrees, 34 minutes, 41 seconds West 395.11 feet to a point on the West line of the East One-Half of the Southwest Quarter of said Section 32, said point being 409.51 feet south, as measured along said West line from the Northwest corner of the East One-Half of the Southwest Quarter of said Section 32, said point being also the point of termination; all bearings mentioned above are based on the Missouri State Plane Coordinate System; property ties are calculated at mean sea level and converted to ground distances; be and the same is hereby released to its present owners, their heirs and assigns, and the Director of Water Services, if so requested, is authorized to execute a quit-claim deed to the present owners, their successor or assigns as further evidence thereof.

 

Section 8. That a Permanent and Temporary Sewer Easement granted Kansas City by Instrument No. K1026718, Book 2253, Page 840 on June 5, 1992, legally described as follows: a tract of land 10.0 feet wide in Lots 95 and 96, Brownwood Park, a subdivision of land in the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section 8, Township 48, Range 33, in Kansas City, Jackson County, Missouri, and lying right of and adjoining the following described baseline: Beginning at the most Northerly corner of said Lot 96; thence Southwesterly along the Westerly line of said Lot 96, a distance of 3.7 feet to the True Point of Beginning of the baseline to herein be described; thence Southeasterly 100.5 feet along a line that if prolonged would intersect the Easterly line of said Lot 96 at a point 5.5 feet Northerly of the Southwest corner of Lot 99, in said Brownwood Park, as measured along the Westerly line of said Lot 99; thence Southerly to a point on the Southwesterly line of said Lot 96 that is 33.5 feet Northwesterly of the most Southerly corner of said Lot 96; as measured along said Lot line; thence continue Southerly along the last described course as a point hereinafter referred to as Point "A", said Point "A" is on a line drawn from a point on the Southeasterly line of said Lot 95 that is 9.0 feet Southwesterly of the most Easterly corner of said Lot 95 as measured along the Southeasterly line of said Lot 95 to a point on the Northwesterly line of said Lot 95 that is 3.8 feet Southwesterly of the most Northerly corner of said Lot 95, as measured along the Northwesterly line of said Lot 95, said point also being the Point of Termination of the baseline herein described, except that part thereof lying within 1.0 foot of an existing house. ALSO A tract of land 15.0 feet wide in Lots 95 and 96, Brownwood Park, a subdivision of land in the Northeast Quarter of the Southeast Quarter (NE SE ) of Section 8, Township 48, Range 33, in Kansas City, Jackson County, Missouri, and lying left of and adjoining the following described baseline: Beginning at Point "A" as above located; thence Southeasterly to a point on the Southeasterly line of said Lot 95 that is 9.0 feet Southwesterly of the most Easterly corner of said Lot 95 as measured along the Southeasterly line of said Lot and the Point of Termination of the base line herein described. TEMPORARY EASEMENT: Part of Lots 95 and 96 Brownwood Park, a subdivision of land in the Northeast Quarter of the Southeast Quarter of Section 8, Township 48, Range 33 (NE SE Sec 8-48-33), in Kansas City, Jackson County, Missouri, described as follows: Beginning at the most Northerly corner of said Lot 96; thence Southerly along the Northwesterly line of said Lot 3.7 feet to the True Point of Beginning of the tract of land to herein be described; thence Southeasterly 112.5 feet to the East line of said Lot 96, at a point 5.5 feet Northerly of the Southwest of corner of Lot 99 in said Brownwood Park; thence South to the Southwest corner of said Lot 99; thence Southwesterly along the Southeasterly line of said Lot 96 to the Northeasterly corner of said Lot 95 in said Brownwood Park; thence Southwesterly along the Easterly line of said Lot 96 a distance of 9.0 feet; thence Northwesterly to the Southeasterly line of the right-of-way of Charlotte Street; thence Northeasterly along said Southeasterly right-of-way line 3.8 feet to the most Westerly corner of said Lot 95; thence continue Northeasterly along the Southeasterly right-of-way line to the True Point of Beginning, except that part thereof described as follows: EXCEPT A tract of land 10.0 feet wide in said Lots 95 and 96, lying right of and adjoining the following described baseline: Beginning at the most Northerly corner of said Lot 96; thence Southwesterly along the Westerly line of said Lot 96, a distance of 3.7 feet to the True Point of Beginning of the baseline to herein be described; thence Southeasterly 100.5 feet along a line that if prolonged would intersect the Easterly line of said Lot 96 at a point 5.5 feet Northerly of the Southwest corner of Lot 99 in said Brownwood Park, as measured along the Westerly line of said Lot 99; thence Southerly to a point on the Southwesterly line of said Lot 96 that is 14.0 feet Northwesterly of the most Southerly corner of said Lot 96; as measured along said Lot line; thence continue Southerly along the last described course as a point hereinafter referred to as Point "A", said Point "A" is on a line drawn from a point on the Southeasterly line of said Lot 95 that is 9.0 feet Southwesterly of the most Easterly corner of said Lot 95 as measured along the Southeasterly line of said Lot 95 to a point on the Northwesterly line of said Lot 95 that is 3.8 feet Southwesterly of the most Northerly corner of said Lot 95, as measured along the Northwesterly line of said Lot 95, said point also being the Point of Termination of the baseline herein described, except that part thereof lying within 1.0 foot of an existing house. ALSO EXCEPT A tract of land 15.0 feet wide in Lots 95 and 96, Brownwood Park, a subdivision of land in the Northeast Quarter of the Southeast Quarter (NE SE ) of Section 8, Township 48, Range 33, in Kansas City, Jackson County, Missouri, and lying left of and adjoining the following described baseline: Beginning at Point "A" as above located; thence Southeasterly to a point on the Southeasterly line of said Lot 95 that is 9.0 feet Southwesterly of the most Easterly corner of said Lot 95, as measured along the Southeasterly line of said Lot and the Point of Termination of the base line herein described, be and the same is hereby released to its present owners, their heirs and assigns, and the Director of Water Services, if so requested, is authorized to execute a quit-claim deed to the present owners, their successors or assigns as further evidence thereof.

 

Section 9. That upon the effective date of this ordinance, the City Clerk is hereby directed to cause this ordinance to be recorded in the offices of the Recorder of Deeds for Jackson County, Missouri, at Kansas City and Independence, Clay County, Missouri, at Liberty, and for Platte County, Missouri, at Platte City, respectively.

 

_________________________________________________________________

 

Approved as to form and legality:

 

 

________________________________________

Assistant City Attorney