ORDINANCE NO. 170713

Declaring certain real property generally located at 8508 North Amity Avenue, surplus to the City's needs; authorizing the Director of General Services to offer the sale of the City’s interest in this real property in accordance with City regulations, and execute related documents to complete the transfer of the real property reserving easements as necessary to continue the City’s ownership in the sewer, storm water and water line existing infrastructure on the property; and directing the City Clerk to record this Ordinance with the Office of the Recorder of Deeds of Platte County, Missouri.

WHEREAS, the City owns rights in certain real property generally described as 8508 N. Amity, Kansas City, Missouri (currently being Platte County Tax Parcel No. 20-1.0-11-200-001-014.000); and

WHEREAS, the real property was acquired by the City by means of condemnation proceedings that concluded in 2008, and the proposed reserved easements set forth below continue to serve the public purpose of such condemnation; and

WHEREAS, the City proposes to construct replacement pump stations further from Weatherby Lake, and as a part of the surplus property process will request proposers to offer alternative land for such replacement pump stations; and

WHEREAS, the City intends to reserve easements to continue to use, maintain and replace, if needed, the existing sewer lines, storm drainage and water line infrastructure and to reserve such other easements collaboratively determined to be necessary by the Department of General Services and the Department of Water Services; and

WHEREAS, all City departments have been notified and no interest has been expressed in retaining the real property for future public use except the reservation of necessary easements for existing infrastructure, and no objections have been received, provided, however certain easements benefitting the City will be expressly reserved in the Special Warranty Deed, and further already recorded easements affecting the real property, also benefitting the City, shall remain in effect and any conveyance out of the City shall be specifically subject to existing recorded easements and encumbrances, and dedicated right of way for public streets, which shall be deemed retained by the City or the State of Missouri, as more fully set forth in the Special Warranty Deed executed as a part of the subsequent transfer; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the parcels described below, are hereby declared surplus to the City’s needs.

Section 2. That the Director of General Services Department is hereby authorized to currently offer for sale in accord with City regulations, and make available through an open and public competition, with such conditions determined appropriate by the Director of General Services, in collaboration with the Water Services Department, the City’s rights in the property located at 8508 N. Amity, Kansas City, Missouri, in one transaction, to a single purchaser, legally described as follows:

Lot 108, Wildwood, a subdivision in Kansas City, Platte County, Missouri, according to the recorded plat thereof;

Subject to building lines, easements, reservation, restrictions, covenants and conditions of record.

Further subject to a reservation of easements in the Special Warranty Deed to be executed by the City for the existing sewer, storm drainage and water line infrastructure and to enable the continued use, maintenance and replacement, if needed, of such infrastructure situated on the property, those reserved easements being as follows:

Reservation of a sewer easement in the Special Warranty Deed to be executed by the City for the public safety and welfare of the residents of the City and surrounding area and described as follows:

All that part of Lot 108, Wildwood, a subdivision in the City of Kansas City, Platte County, Missouri, more particularly described as follows: Bearings on the following easement tracts are based on the common line between Lot 107 and said Lot 108 having a bearing of North 89 degrees 14 minutes 58 seconds West, as described in the Standard Sewer Easement recorded in Document #005720, Book 1121, Page 433, April 18, 2008;

TRACT #1

Commencing at the Northeast corner of said Lot 108; then North 89 degrees 14 minutes 58 seconds West, along the North line of Lot 108, a distance of 20.68 feet, to the point of beginning; then North 89 degrees 14 minutes 58 seconds West, along and with said North line, a distance of 46.17 feet; then South 29 degrees 13 minutes 14 seconds East, a distance of 139.08 feet, to a point on the East line of Lot 108; then North 00 degrees 29 minutes 52 seconds West, along and with said East line, a distance of 83.23 feet; then North 29 degrees 13 minutes 14 seconds West, a distance of 43.02 feet, to the point of beginning. Containing 3642.1 square feet or 0.0836 acres, more or less.

TRACT #2

Commencing at the Northeast corner of said Lot 108; then North 89 degrees 14 minutes 58 seconds West, along the North line of Lot 108, a distance of 91.74 feet, to the point of beginning; then North 89 degrees 14 minutes 58 seconds West, along and with said North line, a distance of 88.12 feet; then South 63 degrees 45 minutes 12 seconds West, a distance of 32.08 feet; then South 18 degrees 09 minutes 30 seconds West, a distance of 131.43 feet, to a point on the South line of Lot 108; then South 89 degrees 14 minutes 58 seconds East, along and with the South line of Lot 108, a distance of 41.92 feet; then North 18 degrees 09 minutes 30 seconds East, a distance of 102.07 feet; then North 63 degrees 45 minutes 12 seconds East, a distance of 93.78 feet, to the point of beginning. Containing 7187.0 square feet or 0.1650 acres, more or less.

Reservation of a storm drainage easement in the Special Warranty Deed to be executed by the City for the public safety and welfare of the residents of the City and surrounding area and described as follows:

All that part of Lot 108, Wildwood, a subdivision in the City of Kansas City, Platte County, Missouri, more particularly described as follows: Bearings on the following easement tract are based on the common line between Lot 107 and said Lot 108 having a bearing of North 89 degrees 14 minutes 58 seconds West, as described in the Standard Sewer Easement recorded in Document #005720, Book 1121, Page 433, April 18, 2008; Beginning at the Northeast corner of said Lot 108; then North 89 degrees 14 minutes 58 seconds West, along and with the North line of Lot 108, a distance of 69.44 feet; then South 29 degrees 23 minutes 24 seconds East, a distance of 58.29 feet; then North 60 degrees 35 minutes 39 seconds East, a distance of 47.13 feet, to a point on the East line of Lot 108; then North 00 degrees 29 minutes 52 seconds West, along and with said East line, a distance of 26.74 feet, to the point of beginning. Containing 2301.9 square feet or 0.0528 acres, more or less.

Reservation of a water line easement in the Special Warranty Deed to be executed by the City for the public safety and welfare of the residents of the City and surrounding area and described as follows:

All that part of Lot 108, Wildwood, a subdivision in the City of Kansas City, Platte County, Missouri, more particularly described as follows: Bearings on the following easement tract are based on the common line between Lot 107 and said Lot 108 having a bearing of North 89 degrees 14 minutes 58 seconds West, as described in the Standard Sewer Easement recorded in Document #005720, Book 1121, Page 433, April 18, 2008; commencing at the Northeast corner of said Lot 108; then North 89 degrees 14 minutes 58 seconds West, along the North line of Lot 108, a distance of 9.41 feet, to the point of beginning; then North 89 degrees 14 minutes 58 seconds West, along and with said North line, a distance of 46.17 feet; then South 29 degrees 13 minutes 14 seconds East, a distance of 91.91 feet; then South 00 degrees 35 minutes 26 seconds East, a distance of 52.36 feet; then South 23 degrees 05 minutes 26 seconds East, a distance of 8.75 feet, to a point on the South line of Lot 108; then South 89 degrees 14 minutes 58 seconds East, along and with the South line to the Southeast corner of Lot 108, a distance of 7.97 feet; then North 00 degrees 29 minutes 52 seconds West, along and with the East line of Lot 108, a distance of 123.01 feet; then North 29 degrees 13 minutes 14 seconds West, a distance of 19.60 feet, to the point of beginning. Containing 3260.4 square feet or 0.0748 acres, more or less.

Further subject to such other easements deemed appropriated by the Director of General Services in collaboration with the Water Services Department operational personnel charged with the responsibility of the sewer, storm water and water line infrastructure as to be provided for in the Special Warranty Deed to be executed by the City, the inclusion of which in the Deed will be conclusive evidence of such determination.

Section 3. That certain easements or other encumbrances of record are being retained on behalf of the City and will be expressly listed as retained on the Special Warranty Deed to be executed by the City so as to subject such conveyance to such easements and encumbrances.

Section 4. That the Director of General Services is hereby authorized to execute any real estate or other documents needed to effectuate this transaction.

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Approved as to form and legality:

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Amelia J. McIntyre

Associate City Attorney