COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051422

 

Authorizing the City Manager to execute a cooperative and purchase agreement with the Port Authority of Kansas City, Missouri, for the development and conveyance of the property formerly known as the Richards-Gebaur Air Force Base; authorizing the City Manager to execute a special warranty deed conveying the property to the Port Authority; and authorizing certain other necessary documents and actions.

 

WHEREAS, the City owns certain real property formerly known as the Richards-Gebaur Air Force Base (the Property), acquired from the United States of America, acting through the Federal Aviation Administration, in part under the Formerly Used Defense Sites program and, acting through the Secretary of the Air Force, in part under the Base Realignment and Closure program; and

 

WHEREAS, on December 12, 2002, the City Council passed Committee Substitute for Resolution No. 021453, pursuant to which the City Council directed the City Manager and the Port Authority of Kansas City, Missouri to work to develop an appropriate financing method for the Authoritys acquisition of the Property and subsequent development of the Property; and

 

WHEREAS, as part of an overall plan to enable the Authority to acquire the Property and proceed with the development of the Property, the Authority, through a competitive selection process for a private master developer, has selected CenterPoint Realty Services Corporation, an Illinois corporation (CenterPoint), to develop portions of the Property; and

 

WHEREAS, the City currently leases certain portions of the Property and intends to assign those leases to the Authority; and

 

WHEREAS, to facilitate the proposed development, the Authority and CenterPoint will enter into a development and sale agreement, whereby the CenterPoint will purchase the portions of the property from the Authority and develop them on the terms and conditions set out in the agreement; and

 

WHEREAS, the Authority and the City desire to enter into a cooperative and purchase agreement in order to establish a process whereby the Authority will acquire the Property from the City and proceed with development of the Property; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City hereby approves the project as outlined in the proposed cooperative and purchase agreement and the proposed development and sale agreement, subject to the receipt of all required approvals.

Section 2. That the City Manager is authorized to execute, on behalf of the City, a cooperative and purchase agreement with the Port Authority of Kansas City, Missouri, for the development and conveyance of the Property formerly known as the Richards-Gebaur Air Force Base. The agreement is approved in substantial form as that on file in the office of the City Manager, subject to the receipt of all required approvals.

 

Section 3. That the City Manager is authorized to execute, on behalf of the City, a special warranty deed conveying to the Port Authority of Kansas City, Missouri, the Property, legally described as follows:

 

PRIMARY TRACT:

 

All that part of Sections 34 and 35, Township 47, Range 33, in Kansas City, Jackson County, Missouri, and all that part of Sections 2, 3, and 10, Township 46, Range 33, in Kansas City, Cass County, Missouri, described as follows: beginning at a point on the North Line of the Northeast of said Section 35 that is South 86 1702 East, a distance of 1203.65 feet from the Northwest corner of said Section; thence South 86 1702 East from said point of beginning along said North line, a distance of 450.00 feet to a point on the West right-of-way line of the Burlington Northern Railroad, as now established; thence South 3 38 54 West, along said West right-of-way line, a distance of 41.35 feet to a point on the south right-of-way line of Missouri Highway Route No. 150, as now established; thence South 3 38 54 West continuing along said West right-of-way line of the Burlington Northern Railroad, a distance of 2612.62 feet to a point on the North line of the South of said Section 35; thence North 86 1950 West along said North line, a distance of 2700.87 feet to a point on the East line of the West 1596.13 feet of the south of said Section 35; thence South 3 36 07 West along said East line, a distance of 2655.57 feet; thence North 86 21 37 West, a distance of 8.60 feet; thence South 2 46 02 West along the East line of the West of the West of said Section 2, a distance of 65.01 feet; thence North 862147 West along said South line, 996.33 feet; thence north 80 2724 West, a distance of 145.75 feet; thence North 86 2147 West, a distance of 476.63 feet; thence South 34 0637 West, a distance of 637.07 feet; thence South 69 0931 West, a distance of 252.37 feet; thence South 31 13 10 West, a distance of 328.58 feet; thence South 7 22 03 East, a distance of 714.73 feet; thence in a Southerly direction along the West line of Fairchild Drive, along a curve to the left having a radius of 778.00 feet and an initial tangent bearing of South 25 0704 West, an ARC distance of 354.96 feet; thence continuing in a Southerly direction, continuing along said West line and along a curve to the left having a radius of 5772.93 feet and a common tangent with the last described curve, an ARC distance of 1709.39 feet to a point on the centerline of Bong Avenue; thence North 71 56 04 East along said centerline, a distance of 496.95 feet; thence South 25 22 28 East, a distance of 30.25 feet; thence South 20 34 02 East, a distance of 505.48 feet; thence North 72 38 05 East, a distance of 43.00 feet; thence South 25 22 28 East, a distance of 377.83 feet; thence South 67 46 07 West, distance of 172.05 feet; thence South 4 13 07 West, a distance of 465.50 feet; thence South 24 5917 East, a distance of 80.42 feet; thence South 4 16 33 West, a distance of 222.00 feet; thence North 85 46 56 West, a distance of 148.29 feet; thence North 85 17 51 West, a distance of 2159.00 feet; thence South 4 42 09 West, a distance of 60.00 feet; thence North 85 17 51 West, a distance of 462.68 feet; thence North 85 23 45West, a distance of 814.74 feet; thence South 56 2557 West, a distance of 331.85 feet; thence South 9 07 29 West, a distance of 2026.90 feet; thence North 85 18 03 West, a distance of 1318.12 feet; thence North 2 47 37 East, a distance of 2107.25 feet to a point on the Easterly right-of-way line of the Kansas City Southern Railroad; thence North 10 27 33 East, along said Easterly right-of-way line and along said City limits line of Kansas City, Missouri and along the Northerly prolongation thereof, a distance of 7571.29 feet; thence in a Northerly direction, continuing along said Easterly right-of-way line and along a curve to the left tangent to the last described course and having a radius of 5779.65 feet, an ARC distance of 681.96 feet; thence North 3 41 55 East, continuing along said Easterly Right-of-way line, a distance of 2295.71 feet to a point on the South right-of-way line of said Missouri Highway Route No. 150; thence North 3 41 55 East, a distance of 42.61 feet to a point on the North line of Section 34, Township 27, Range 33 in Jackson County; thence South 86 27 36 East along said North line, a distance of 1282.88 feet; thence South 86 28 39 East continuing along said North line, a distance of 2643.91 feet to the Northeast corner of said Section 34; thence South 86 27 36 East along the Northeast corner of said Section 34; thence South 86 15 37 East along the North line of Section 35, Township 47, Range 33, a distance of 2643.44 feet; thence South 86 17 02 East continuing along said North line, a distance of 1203.65 feet to the point of beginning. Gross Area containing 62,507,293 square feet or 1434.97 acres, more or less

 

EXCEPTIONS TO PRIMARY TRACT:

 

Exception No. 1 Belton Golf Course

 

All that part of the East Half of Section 3, and part of the Southwest Quarter of Section 2 all in Township 46 North, Range 33 West, in Cass County, Missouri, generally described as lying East of Walker Road, North of Markey Road, and more fully described as follows:

 

Beginning at a point on the North right of Way line of Markey Road said point being 30.00 feet North of and 148.85 feet East of the Southwest Corner of Section 2, Township 46 North, Range 33 West, in Cass County, Missouri, said point being the Southwest Corner of the National Guard Armory Tract; thence North 04 degrees 14 minutes 00 seconds East (this bearing and all following bearings being Grid North State Plan Coordinates as referenced to the Missouri Geographic Reference System Station CA-04, by R.T.K., G.P.S. equipment), 222.00 feet; thence North 25 degrees 01 minutes 50 seconds West, 80.42 feet; thence North 04 degrees 10 minutes 34 second East 456.50 feet; thence North 67 degrees 43 minutes 34 seconds East, 172.05 feet to the Southwest corner of a tract of land described as Parcel no. 2, from a survey prepared by Bucher, Willis & Ratliff, (job no. 83-347K) dated 1/26/84; thence along the West line of said survey North 25 degrees 25 minutes 01 seconds West, 377.82 feet; thence continuing along said Westerly line of said survey South 72 degrees 36 minutes 11 seconds West, 43.00 feet; thence continuing along said Westerly line North 20 degrees 36 minutes 35 seconds West, 505.40 feet; thence North 25 degrees 24 minutes 22 seconds West, 30.33 feet; thence South 71 degrees 53 minutes 31 seconds West, 68.67 feet; thence North 13 degrees 09 minutes 26 seconds West, 865.49 feet; thence South 77 degrees 24 minutes 54 seconds West, 432.55 feet to a point on a curve, said curve having a radius of 5772.93 feet, and at this point an initial tangent bearing of North 09 degrees 01 minutes 20 seconds West; thence along said curve to the Right and arc length of 801.66 feet to a point of compound curve, having a radius of 778.00 feet and a initial tangent bearing of North 01 degrees 03 minutes 57 seconds West; thence along said curve to the right an arc length of 354.96 feet; thence continuing along the Westerly line of said Parcel No. 2, North 07 degrees 24 minutes 36 seconds West, 714.73 feet; thence leaving said Parcel No. 2, North 86 degrees 13 minutes 08 seconds West, 567.25 feet to a point of intersection with a tract of land described as Exception No. 6, in the non-aeronautical description from the United States of America to Kansas City; thence along the Southerly line of said Exception No. 6, being the approximate centerline of a creek the following bearings and distances; South 60 degrees 43 minutes 27 seconds West, 24.76 feet; South 58 degrees 11 minutes 43 seconds West, 122.28 feet; thence South 87 degrees 34 minutes 26 seconds West, 36.74 feet; thence North 09 degrees 50 minutes 34 seconds West, 58.76 feet; thence North 63 degrees 05 minutes 42 seconds West, 59.84 feet; thence North 65 degrees 35 minutes 02 seconds West, 103.38 feet; thence South 25 degrees 42 minutes 54 seconds East, 25.91 feet; thence South 20 degrees 10 minutes 20 seconds West, 45.33 feet; thence South 88 degrees 21 minutes 40 seconds West, 63.75 feet; thence North 85 degrees 36 minutes 50 seconds West, 9.63 feet; thence South 69 degrees 07 minutes 17 seconds West, 50.40 feet; thence South 14 degrees 20 minutes 44 seconds West, 41.83 feet; thence South 60 degrees 25 minutes 30 seconds West, 25.72 feet; thence South 34 degrees 23 minutes 00 seconds West, 40.67 feet; thence South 57 degrees 14 minutes 04 seconds West, 74.87 feet; thence South 80 degrees 29 minutes 10 seconds West, 79.82 feet; thence North 76 degrees 19 minutes 31 seconds West, 62.14 feet to a point on the East Right of Way line of Walker Road as now established; thence South 10 degrees 21 minutes 42 seconds West along said Right of Way 1627.12 feet to a point of curve; thence continue along said East Right of Way curving to the left said curve having a radius of 458.00 feet and tangent to the last described line an arc distance of 164.51 feet; thence continuing along said East Right of Way South 10 degrees 13 minutes 04 seconds East, 1219.20 feet to a point of curve, thence continuing along said East Right of Way curving to the right said curve having a radius of 998.00 feet and tangent to the last described line an arc distance of 534.19 feet; thence continue along said East Right of Way South 20 degrees 27 minutes 00 seconds West, 492.40 feet to a point on the South Right of Way line of Markey Road; thence along said South Right of Way line South 85 degrees 21 minutes 09 seconds East, 253.68 feet; thence North 04 degrees 41 minutes 12 seconds East, 59.95 feet to a point on the North Right of Way line of said Markey Road; thence along said North Right of Way line South 85 degrees 20 minutes 24 seconds East, 1808.03 feet to the Northeast Corner of a parcel of land described as Tract 3, currently owned by the City of Belton; thence continue along said North Right of Way line South 85 degrees 20 minutes 24 seconds East, 350.12 feet; thence South 85 degrees 49 minutes 23 seconds East, 148.85 feet to the POINT OF BEGINNING, the above described tract of land containing 182.415 Acres of land.

 

Exception No. 2 USMC Parcel B (Southern Portion)

 

All that part of the Northeast of Section 3, Township 46, Range 33, in Cass County, Missouri, described as follows: commencing at the Northeast corner of said Section; thence South 2-41-08 West along the East line of said Section, a distance of 50.07 feet to a point on the South line of Arnold Avenue, that is 50 feet South of the centerline thereof; thence North 86-21-47 West along said South line, a distance of 636.22 feet to a point on the centerline of a creek and the true point of beginning of the tract of land herein described; thence the following courses along the centerline of said creek; South 16-36-55 West, a distance of 148.42 feet; thence South 52-46-49 West, a distance of 80.59 feet; thence South 88-04-30 West, a distance of 49.03 feet; thence North 48-3808 West, a distance of 73.69 feet; thence North 67-34-47 West, a distance of 41.13 feet; thence South 57-10-46 West, a distance of 29.71 feet; thence South 36-46-41 West, a distance of 105.09 feet; thence South 38-35-34 West, a distance of 157.33 feet; thence South 34-52-38 West, a distance of 77.68 feet; thence South 41-31-18 West, a distance of 55.39 feet; thence South 74-34-52 West, a distance of 101.80 feet; thence South 74-54-08 West, a distance of 92.33 feet; thence South 47-26-00 West, a distance of 97.27 feet; thence South 27-37-37 West, a distance of 51.30 feet; thence South 9-49-46 West, a distance of 36.91 feet; thence South 30-09-22 West, a distance of 68.49 feet; thence South 28-16-52 West, a distance of 102.04 feet; thence South 17-03-14 West, a distance of 38.59 feet; thence South 72-26-34 West, a distance of 91.86 feet; thence South 60-34-42 *West, a distance of 57.68 feet; thence South 58-02-58 West, a distance of 122.28 feet; thence South 87-25-41 West, a distance of 36.74 feet, thence North 9-5919 West, a distance of 58.76 feet thence North 63-1427West, a distance of 59.84 feet; thence North 65-43-47 West, a distance of 103.38 feet; thence South 25-5139 East, a distance of 25.91 feet; thence South 20-01-35 West, a distance of 45.33 feet; thence South 88-12-55 West, a distance of 63.75 feet; thence North 85-45-35 West, a distance of 9.63 feet; thence South 68-58-32 West, a distance of 50.40 feet; thence South 14-11-59 West, a distance of 41.83 feet; thence South 60-16-45 West, a distance of 25.72 feet; thence South 34-14-15 West, a distance of 40.67 feet; thence South 57-05-19 West, a distance of 74.87 feet; thence South 80-30-25 West, a distance of 63.93 feet; thence North 76-16-58 West, a distance of 57.00 feet to a point on the East line of Walker Road, said line being 55.00 feet Easterly of and parallel with the centerline thereof; thence North 10-18-43 East, along the East line of said Walker Road and departing from said creek centerline, a distance of 1159.75 feet to a point on the South line of said Arnold Avenue; thence South 86-21-47 East along said South line, a distance of 1492.08 feet to the true point of beginning. Containing 1,048,668 square feet or 24.07 acres, more or less.

 

 

Exception No. 3 USMC Parcel B (Northern Portion):

 

ALL THAT PART OF THE SOUTHEAST OF SECTION 34, AND ALL THAT PART OF THE SOUTHWEST OF SECTION 35, TOWNSHIP 47, RANGE 33, IN KANSAS CITY, JACKSON COUNTY, MISSOURI, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE NORTH 3-35-08 EAST ALONG THE EAST LINE OF SECTION 34, A DISTANCE OF 49.89 FEET (DEED 49.92 FEET) TO A POINT ON THE NORTH LINE OF ARNOLD AVENUE, THAT IS 50.00 FEET NORTH OF THE CENTERLINE THEREOF; THENCE NORTH 86-23-24 WEST (DEED N86-21-47W) ALONG SAID NORTH LINE, A DISTANCE OF 305.54 FEET TO A POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 86-23-24 WEST, A DISTANCE OF 477.63 FEET TO A POINT, 40.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF ANDREWS ROAD, AS MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 43-54-56 EAST ALONG A LINE PARALLEL TO AND 40.00 FEET SOUTHEASTERLY OF SAID CENTERLINE, A DISTANCE OF 774.27 (DEED 774.36 FEET) FEET; THENCE SOUTH 46-05-33 EAST (DEED S46-04-57E), A DISTANCE OF 403.54 FEET (DEED 403.67 FEET); THENCE SOUTH 43-41-48 WEST (DEED S43-57-19W), A DISTANCE OF 65.30 FEET (DEED 65.50 FEET) TO APPOINT ON THE CENTERLINE OF A CREEK; THENCE THE FOLLOWING COURSES ALONG THE CENTERLINE OF SAID CREEK: NORTH 88-3258 WEST, A DISTANCE OF 28.96 FEET; THENCE SOUTH 74-58-14 WEST, A DISTANCE OF 80.48 FEET; THENCE SOUTH 54-07-48 WEST, A DISTANCE OF 73.49 FEET; THENCE SOUTH 38-16-11 WEST, A DISTANCE OF 85.59 FEET; THENCE SOUTH 33-38-06 WEST, A DISTANCE OF 156.59 FEET TO APPOINT ON THE NORTH LINE OF ARNOLD AVENUE, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT. CONTAINING 221,674 SQUARE FEET OR 5.09 ACRES, MORE OR LESS.

 

Exception No. 4 - USMC Parcel D (Chapel)

 

All that part of the Northeast of Section 3 Township 46 Range 33 in Cass County, Missouri, described as follows: commencing at the Northeast corner of said Section; thence South 2-41-08 West along the East line of said Section, a distance of 50.07 feet to a point on the South line of Arnold Avenue, that is 50 feet South of the centerline thereof, thence North 86-21-47 West along said South line, a distance of 2218.92 feet to a point on the West line of Walker Road said line being 35.00 feet Westerly of and parallel with the centerline thereof; thence South 10-18-43 West along the West line of said Walker Road, a distance of 826.00 feet to the true point of beginning of the tract of land herein described; thence continuing South 10-18-43 West along said West line, a distance of 120.52 feet; thence South 79-4117 East along a jog in said West line, a distance of 12.50 feet; thence South 10-18-43 West along the West line of said Walker Road, a distance of 54.00 feet; thence North 79-41-17 West along a jog in said West line, a distance of 12.50 feet to a point 35 feet Westerly of the centerline thereof; thence South 10-18-43 West along the West line of said Walker Road, a distance of 114.04 feet; thence North 79-43-47 West, a distance of 179.11 feet thence North 10-22-33 East, a distance of 288.14 feet; thence South 79-51-47 East, a distance of 178.79 feet to the true point of beginning. Containing 52,276 square feet or 1.20 acres, more or less.

 

Exception No. 5 USMC Parcel O (Building 605 Area)

 

ALL THAT PART OF THE SOUTHEAST OF SECTION 34, TOWNSHIP 47, RANGE 33, IN KANSAS CITY, JACKSON COUNTY, MISSOURI, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34, THENCE NORTH 3-35-08 EAST ALONG THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 49.89 FEET TO A POINT ON THE NORTH LINE OF ARNOLD AVENUE. AND 50 FEET NORTH OF THE CENTERLINE THEREOF, THENCE NORTH 86-23-24 WEST ALONG THE NORTH LINE OF ARNOLD AVENUE, A DISTANCE OF 888.07 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF ANDREWS ROAD, AND 40 FEET NORTHWESTERLY OF THE CENTERLINE THEREOF; THENCE NORTH 43-54-56 EAST ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 477.97 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE NORTH 46-10-13 WEST ALONG A LINE 40.00 FEET NORTHEAST OF AND PARALLEL TO SAID CENTERLINE OF CORKILL ROAD, A DISTANCE OF 520.60 FEET, TO A POINT 40.00 FEET SOUTHEAST OF THE CENTERLINE OF WESTOVER ROAD, THENCE NORTH 43-52-22 EAST, ALONG A LINE 40.00 FEET SOUTHEAST OF AND PARALLEL TO THE CENTERLINE OF WESTOVER ROAD, A DISTANCE OF 220.31 FEET, TO A POINT 40.00 FEET SOUTHWEST OF THE CENTERLINE OF HICKAM ROAD; THENCE SOUTH 4-05-09 EAST, ALONG A LINE 40.00 FEET SOUTHWEST OF AND PARALLEL TO SAID CENTERLINE, A DISTANCE OF 520.37 FEET, TO A POINT 40.00 FEET NORTHWEST OF THE CENTERLINE OF ANDREWS ROAD; THENCE SOUTH 43-54-56 WEST, ALONG A LINE 40.00 FEET NORTHWEST OF THE CENTERLINE OF ANDREWS ROAD, A DISTANCE OF 219.54 FEET, TO THE POINT OF BEGINNING; CONTAINING 114,513 SQUARE FEET OR 2.63 ACRES, MORE OR LESS.

 

Exception No. 6 USMC Parcel O (Building 619 Area):

 

ALL THAT PART OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 47, RANGE 33, IN KANSAS CITY, JACKSON COUNTY, MISSOURI, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE NORTH 3-35-O8 EAST ALONG THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 49.89 FEET TO A POINT ON THE NORTH LINE OF ARNOLD AVENUE, AND 50 FEET NORTH OF THE CENTERLINE THEREOF; THENCE NORTH 86-23-24 WEST ALONG THE NORTH LINE OF ARNOLD AVENUE, A DISTANCE OF 888.07 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF ANDREWS ROAD, AND 40 FEET NORTHWESTERLY OF THE CENTERLINE THEREOF; THENCE NORTH 43-54-56 EAST ALONG SAID NORTHWESTERLY LINE. A DISTANCE OF 777.51 FEET TO A POINT 40.00 FEET NORTHEASTERLY OF THE CENTERLINE OF HICKAM ROAD, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 46-05-09 WEST, ALONG A LINE 40.00 FEET NORTHEASTERLY OF AND PARALLEL TO THE CENTERLINE OF SAID HICKAM ROAD, A DISTANCE OF 175.84 FEET; THENCE NORTH 43-49-13 EAST, A DISTANCE OF 167.03 FEET, THENCE SOUTH 46-03-49 EAST, A DISTANCE OF 176.11 FEET, TO A POINT 40.00 FEET NORTHWESTERLY OF THE CENTERLINE OF ANDREWS ROAD; THENCE SOUTH 43-54-56 WEST, ALONG A LINE 40.00 FEET NORTHWEST OF AND PARALLEL TO SAID CENTERLINE, A DISTANCE OF 166.97 FEET, TO THE POINT OF BEGINNING. CONTAINING 29,388 SQUARE FEET OR 0.67 ACRES; MORE 0R LESS.

 

ADDITIONAL TRACTS:

 

Additional Tract No. 1 Steam Plant

 

ALL THAT PART OF THE NORTHWEST OF SECTION 2, TOWNSHIP 46, RANGE 33 AND ALL THAT PART OF THE NORTHEAST OF SECTION 3, TOWNSHIP 46, RANGE 33 IN CASS COUNTY, MISSOURI, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST OF SAID SECTION 2; THENCE SOUTH 2 45 06 WEST ALONG THE WEST LINE OF SAID NORTHWEST SECTION, A DISTANCE OF 1020.34 FEET; THENCE NORTH 87 1454 WEST, A DISTANCE OF 74.92 FEET TO A POINT ON THE NORTHERLY LINE OF FAIRCHILD DRIVE, THAT IS 40 FEET NORTHERLY OF THE CENTERLINE THEREOF, AS MEASURED AT RIGHT ANGLES THERETO, AND THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE NORTH 11 02 02 WEST, A DISTANCE OF 296.21 FEET; THENCE NORTH 15 3220 WEST, A DISTANCE OF 142.35 FEET; THENCE NORTH 69 0703 EAST, A DISTANCE OF 668.80 FEET TO APPOINT ON THE EAST LINE OF WESTOVER ROAD, THAT IS 30 FEET EAST OF THE CENTERLINE THEREOF, AS MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 2 41 08 WEST ALONG SAID EAST LINE, A DISTANCE OF 435.95 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID FAIRCHILD DRIVE; THENCE SOUTH 653802 WEST ALONG SAID PROLONGED LINE AND THE WESTERLY LINE OF SAID FAIRCHILD DRIVE, A DISTANCE OF 559.45 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 251,934 SQUARE FEET OR 5.78 ACRES, MORE OR LESS.

 

 

Additional Tract No. 2 (Tract 1 1985 Quit-Claim Deed)

 

A tract of land situated in the SE1/4 of Section 35, Township 47 North, Range 33 West of the Fifth Principal Meridian, Jackson County, Missouri, more particularly described as follows:

 

Commencing at the Southwest corner of said Section 35; thence easterly along the south line of said Section 35, a distance of 3086.13 feet; thence northerly at right angles to said south line of Section 35, a distance of 80 feet to the point of beginning of the tract of land herein described; thence continuing northerly at right angles to said south line of Section 35, a distance of 800 feet; thence easterly with an angle of 90 to the right, 350 feet; thence southerly with an angle of 90 to the right, 800 feet; thence westerly with an angle of 90 to the right, 350 feet to the point of beginning together with all right, title, and interest of the party of the first part in and to any alleys, street, ways, strips, or gores abutting or adjoining the land here described, containing 6.42 acres, more or less

 

Additional Tract No. 3 (Tract 2, Parcel 2 1985 Quit-Claim Deed)

 

A tract of land in the West one half of Section 2 and the east half of Section 3, Township 49 North, Rage 33 West, Cass County, Missouri, more particularly described as follows:

 

Beginning at the northwest corner of the west half of said Section 2; thence S 0 03 51 W along the west line of the west one half of said Section 2, 982.15 feet to the true point of beginning; thence N 62 5654 E, 475.56 feet to a point 30.00 feet east of the centerline of Westover Road as now established; thence S 0 00 00 E, parallel with and 30.00 feet east of said centerline, 528.44 feet to a point 30.00 feet northwesterly of the centerline of Mace Drive as now established; thence N 59 58 41 E, parallel with and 30.00 feet northwesterly of the centerline of Mace Drive as now established, 459.26 feet; thence along a curve to the right, parallel with and 30.00 feet northerly of the centerline of Mace Drive as now established, having a radial bearing of S 30 01 19 E and a radius of 140.48 feet, an arc distance of 201.10 feet; thence S 51 59 52 W, 30.00 feet to a point on the centerline of said Mace Drive; thence along a curve to the right, along said centerline, having a radial bearing of S 51 59 52 and a radius of 110.48 feet, an arc distance of 73.55 feet; thence S 0 08 37 W along said centerline, 553.53 feet; thence N 89 4715 W, 179.89 feet; thence N 30 0141 W, 243.03 feet; thence S 60 02 00 W, 318.03 feet to a point 30.00 feet east of the centerline of Westover Road as now established; thence S 0 00 00 E, parallel with and 30.00 feet east of said centerline, 1135.26 feet; thence parallel with and 30.00 feet east of said centerline, along a curve to the left, having a radial bearing of N 90 00 00 E and a radius of 2875.64 feet, an arc distance of 34.16 feet; thence S 59 48 24 W to a point on the centerline of said Westover Road, 34.42 feet; thence along said centerline, along a curve to the left having a radial bearing of N 88 59 06 E and a radius of 2905.64 feet, and an arc distance of 424.17 feet, to an intersection with the centerline of Bong Street as now established; thence s 69 14 43 W, along said centerline 465.35 feet to a point on the west line of said Section 2; thence continuing along a prolongation of the last described course, along said centerline, 655.43 feet; thence along a curve to the right having a radial bearing of N 69 19 23 E and a radius of 5772.93 feet, a arc distance of 1709.39 feet to a point of compound curve ; thence along a curve to the right having a radial bearing of N 86 17 09 E and a radius of 778.00 feet, an arc distance of 354.96 feet; thence N 10 03 11 W, 714.73 feet; thence N 28 32 02 E, 328.58 feet; thence N 66 28 23 E, 252.37 feet; thence S 58 48 17 E, 288.50 feet; thence S 0 54 19 W, 388.09 feet, thence S 89 05 41 E, 76.78 feet; thence along a curve to the left, having a radial bearing of N 62 19 37 E and a radius of 40.00 feet, an arc distance of 25.94 feet; thence N 62 5654 E, 357.87 feet to the true point of beginning, containing 3,835,354.129 square feet or 88.0476 acres, more or less.

 

Street Easement in Tract 2, Parcel 2 1985 Quit-Claim Deed

 

Beginning at the true point of beginning, thence N 62 56 54 E, 475 56 feet to a point 30.00 feet east of the centerline of Westover Road as now established, thence S 0 00 00 E parallel with and 30.00 feet east or said centerline 528.44 feet to a point 30.00 feet northwesterly of the centerline of Mace Drive as now established, thence N 59 58 41 E parallel with and 30.00 feet northwesterly of the centerline of Mace Drive as now established, 459.26 feet, thence along a curve to the right, having a radial bearing of S 30 01 19E and a radius of 140.48 feet, an arc distance of 201.10 feet; thence S 51 59 .52 W, 30 00 feet to a point on the centerline of said Mace Drive, thence along a curve to the right, along said centerline, having a radial bearing of S 51 59 52 W and a radius of 110.48 feet, an arc distance of 73.55 feet; thence S 0 08 37 W, along said centerline 553.53 feet; thence N 89 47 15 W, 30.00 feet to a point 30.00 feet west of said centerline, thence N 0 08 37 E parallel with and 30.00 feet west of said centerline, 553.50 feet; thence along a curve to the left parallel with and 30.00 feet southerly of said centerline, having a radial bearing of N 89 5123 W and a radius of 80.48 feet, an arc distance of 168.79 feet, thence S 59 58 41 W parallel with and 30.00 feet southerly, of said centerline, 493.93 feet to a point 30.00 feet east of the centerline of Westover Road as now established; thence S 0 00 00 E parallel with and 30.00 feet east of said centerline, 1459.40 feet; thence along a curve to the left parallel with and 30.00 feet east of said centerline, having a radial bearing of N 90 00 00 E and a radius of 2875.65 feet, an arc distance of 34.16 feet, thence S 59 48 24 W, 34.42 feet to a point on the centerline of said Westover Road; thence along said centerline, along a curve to the left having a radial bearing of N 88 59 06 E and a radius of 2905.64 feet, an arc distance or 424.17 feet, to an intersection with the centerline of Bong Street as now established; thence S 69 14 43 W, along said centerline 465.34 feet to a point on the west line of said Section 2; thence continuing along a prolongation of the last described course, along said centerline, 655.43 feet; THENCE along a curve to the right having a radial bearing of N 69 19 23 E and a radius of 5772.93 feet, an arc distance of 30.00 feet; THENCE N 69 14 43 E, parallel with and 30.00 feet north of the centerline of Bong Street as now established, 1096.20 feet to a point 30.00 feet west of the centerline of Westover Road as now established, THENCE parallel with and 30.00 feet west of said centerline along a curve to the right having a radial bearing of N 81 06 02 E and a radius of 2935.64 feet, an arc distance of 455.98 feet; THENCE N 0 00 00 E, parallel with and 30.00 feet west of the centerline of Westover Road as now established, 1947.94 feet to a point 30.00 feet south of the centerline of Fairchild Drive as now established; THENCE S 62 56 54 W, parallel with said centerline 408.29 feet to a point on the west line of the west one half of said Section 2; THENCE continuing along a prolongation of the last described course 398.22 feet; THENCE N 27 03 06 W, 130.06 feet; THENCE S 89 05 41 E, 76.78 feet; THENCE along a curve to the left, having a radial bearing of N 62 19 37 E and a radius of 40.00 feet, an arc distance of 25.94 feet, THENCE N 62 56 54 E, 357.87 feet to the true point of beginning, containing 288,235.605 square feet or 6.6170 acres more or less.

 

Exception to Additional Tract 3:

 

That portion of the following described tracts lying above the top of the Winterset Ledge of limestone rock:

 

TRACT "A":

 

A tract of land situated in the West Half (1/2) of Section 2, Township 46 North, Range 33 West of the Fifth Principal Meridian and the East Half (1/2) of Section 3, Township 46 North, Range 33 West of the Fifth Principal Meridian all in the City of Kansas City, Cass County, Missouri and being more particularly described as follows:

 

COMMENCING at the Northeast corner of said Section 3 (Found 5/8" Iron Bar with Aluminum Cap); thence South 0243'18" West along the East line of said Section 3 a distance of 2048.49 feet; thence South 8716'42" East a distance of 369.57 feet to a point on the West right of way line of Kensington Avenue, as road presently exists, said point being the POINT OF BEGINNING of the tract of land to be more particularly described herein; thence South 0240'42" West along said West right of way line a distance of 809.25 feet; thence Southeasterly continuing along said West right of way line along a curve to the left having a radius of 2530.00 feet and an arc length of 406.78 feet; thence Southwesterly continuing along said West right of way line along a curve to the right having a radius of 24.00 feet and an arc length of 32.87 feet to the North right of way line of Bong Avenue, as road presently exists; thence South 7156'09" West along said North right of way line a distance of 559.21 feet; thence Northwesterly continuing along said North right of way line along a curve to the right having a radius of 24.00 feet and an arc length of 39.71 feet to the East right of way line of Norton Avenue, as road presently exists; thence North 1307'04" West along said East right of way line a distance of 838.92 feet; thence South 7727'16" West a distance of 424.73 feet to the East right of way line of Fairchild Drive, as road presently exists; thence Northeasterly continuing along said East right of way line along a curve to the right having an initial tangent bearing of North 0835'06" West, a radius of 5707.93 feet and an arc length of 753.01 feet; thence continuing Northeasterly and continuing along said East right of way line along a curve to the right having a radius of 713.06' and an arc length of 605.64 feet; thence North 4602'06" East continuing along said East right of way line a distance of 20.53 feet; thence Northeasterly and continuing along said East right of way line along a curve to the right having a radius of 605.00 feet and an arc length of 206.87 feet; thence North 6537'36" East continuing along said right of way line a distance of 200.46 feet to the Southwesterly right of way line of Calvary Road, as road presently exists; thence South 2425'21" East along said Southwesterly right of way line a distance of 524.61 feet; thence Southwesterly continuing along said right of way line along a curve to the left having a radius of 566.00 feet and an arc length of 516.91 feet; thence South 7644'58" East continuing along said right of way line a distance of 51.21 feet; thence Southerly continuing along said right of way line along a curve to the right having a radius of 24.00 feet and an arc length of 33.27 feet to the POINT OF BEGINNING. Containing 1,804,447 sq. ft. or 41.4244, acres more or less.

 

TRACT "B":

 

A tract of land situated in the West Half (1/2) of Section 2, Township 46 North, Range 33 West of the Fifth Principal Meridian and the East Half (1/2) of Section 3, Township 46 North, Range 33 West of the Fifth Principal Meridian all in the City of Kansas City, Cass County, Missouri and being more particularly described as follows:

 

COMMENCING at the Northeast corner of said Section 3 (Found 5/8" Iron Bar with Aluminum Cap); thence South 0243'18" West along the East line of said Section 3 a distance of 895.78 feet; thence South 8716'42" East a distance of 368.70 feet to the intersection of the Southeasterly right of way line of Fairchild Drive, as road presently exists and the West right of way line of Kensington Avenue, as road presently exists, said intersection being the POINT OF BEGINNING of the tract of land to be more particularly described herein; thence South 0240'42" West along said West right of way line a distance of 1042.84 feet; thence Southeasterly continuing along said West right of way line along a curve to the right having a radius of 24.00 feet and an arc length of 42.13 feet to the Northwesterly right of way line of Calvary Road, as road presently exists; thence North 7644'58" West continuing along said right of way line a distance of 31.05 feet; thence Northwesterly continuing along said right of way line along a curve to the right, having a radius of 506.00 feet and an arc length of 462.12 feet; thence North 2425'21" West continuing along said right of way line a distance of 517.56 feet to the Southeasterly right of way line of said Fairchild Drive; thence North 6537'36" East continuing along said Southeasterly right of way line a distance of 732.44 feet to the POINT OF BEGINNING. Containing 434,046 sq. ft. or 9.9643 acres, more or less.

 

TRACT "C":

 

A tract of land situated in the West Half (1/2) of Section 2, Township 46 North, Range 33 West of the Fifth Principal Meridian all in the City of Kansas City, Cass County, Missouri and being more particularly described as follows:

 

COMMENCING at the Northwest corner of said Section 2 (Found 5/8" Iron Bar with Aluminum Cap); thence South 0243'18" West along the West line of said Section 2 a distance of 1692.64 feet; thence South 8716'42" East a distance of 429.30 feet to a point on the East right of way line of Kensington Avenue, as road presently exists (Found 2-1/2" Alum. Mon. Stamped U.S.C.E.), said point also being the POINT OF BEGINNING of the tract of land to be more particularly described herein; thence North 0240'42" East along said East right of way line a distance of 142.21 feet; thence North 6240'38" East a distance of 377.88 feet; thence South 2705'23" East a distance of 123.43 feet; thence South 6242'42" West a distance of 46.25 feet; thence South 2720'59" East a distance of 292.03 feet; thence North 8706'33" West a distance of 97.47 feet (Found 2-1/2" Alum. Mon. Stamped U.S.C.E.); thence North 2720'59" West a distance of 243.03 feet (Found 2-1/2" Alum. Mon. Stamped U.S.C.E.); thence South 6242'42" West a distance of 318.03 feet to the POINT OF BEGINNING. Containing 73,474 sq. ft. or 1.6867 acres, more or less.

 

Additional Tract No. 4 (Tract 2, Parcel 3-A 1985 Quit-Claim Deed)

 

A tract of land in the west one half of the west one half of Section 2, Township 46 North, Range 33 West, Cass County, Missouri, more particularly described as follows:

 

BEGINNING at the northeast corner of the west one half of the west one half of said Section 2,

THENCE S 0 03 51 N, along the east line of the west one half of the west one half of said Section 2, 65.01 feet to the true point of beginning;

THENCE continuing along a prolongation of the last described course, 2904.71 feet to a point 30.00 feet north of the centerline of Bong Street, as now established,

THENCE S 86 51 07 W, parallel with and 30.00 feet north of said centerline, 43.54 feet;

THENCE along a curve to the left parallel with and 30.00 feet north of said centerline, having a radial bearing of S 3 08 53 E and a radius of 765.26 feet, an arc distance of 206.28 feet, said point being the point of beginning of Exception A;

THENCE continuing along said curve to the left parallel with and 30.00 feet north of said centerline having a radial bearing of S 18 35 34 E and a radius of 765.25 feet, an arc distance of 28.88 feet;

THENCE S 69 14 43 W, parallel with and 30.00 feet north of said centerline of Bong Street, 601.80 feet to a point 30.00 feet east of the centerline of Westover Road as now established, said point also being the point of beginning of Exception B;

THENCE southerly along a curve to the left parallel with and 30.00 feet east of said centerline of Westover Road, having a radial bearing of N 81 21 06 E and a radius of 2875.64 feet, an arc distance of 61.23 feet to a point 30.00 feet south of the centerline of Bong Street as now established;

THENCE S 69 I4 43 W parallel with and 30.00 feet south of the centerline of said Bong Street, 30.54 feet to a point on the centerline of said Westover Road;

THENCE northerly, along a curve to the right, along the centerline of said Westover Road, having a radial bearing of N 80 01 05 E and a radius of 2905.64 feet, an arc distance of 454.74 feet;

THENCE N 59 48 24 E, 581.14 feet;

THENCE S 89 51 23 E, 72.15 feet to a point 30.00 feet west of the centerline of Mace Drive as now established;

THENCE N 0 08 37 E, parallel with and 30.00 feet west of the centerline of Mace Drive as now established, 842.53 feet;

THENCE S 89 47 15 E, 30.00 feet to a point on the centerline of said Mace Drive as now established;

THENCE N 0 08 37 E, along said centerline of Mace Drive, 553.53 feet;

THENCE along a curve to the left, along said centerline, having a radial bearing of N 89 51 23 W and a radius of 110.48 feet, an arc distance of 73.55 feet;

THENCE N 51 59 52 E, 30.00 feet;

THENCE N 0 08 37 E, 302.91 feet,

THENCE N 12 55 47 W, 536.74 feet;

THENCE N 0 41 34 E, 193.92 feet to a point 65.00 feet south of the north line of the northwest quarter of said Section 2,

THENCE S 89 02 49 E, parallel with and 65.00 feet south of the north line of the northwest quarter of Section 2, 409.76 feet to the true point of beginning, containing 1,211,409.055 square feet or 27.8101 acres, more or less.

 

Street Easements in Tract 2, Parcel 3-A 1985 Quit-Claim Deed

 

BEGINNING at the point of beginning of Exception A, said point being 30.00 feet north of the centerline of Bong Street as now established;

THENCE along a curve to the left, parallel with and 30.00 feet north of said centerline, having a radial bearing of S 18 35 34 E and a radius of 765.26 feet, an arc distance of 28.88 feet;

THENCE S 69 14 43 W, parallel with and 30.00 feet north of the centerline of said Bong Street, 70.33 feet;

THENCE N 34 41 40 E, 24.71 feet to a point 30.00 feet west of the centerline of Mace Drive as now established;

THENCE N 0 08 37 E, parallel with and 30.00 feet west of the centerline of said Mace Drive, 1306.90 feet;

THENCE S 89 47 15 E, 30.00 feet to a point on said centerline;

THENCE N 0 08 37 E along said centerline, 553.53 feet;

THENCE northwesterly along a curve to the left, along said centerline, having a radial bearing of N 89 51 23 W and a radius of 110.48 feet, an arc distance of 73.55 feet;

THENCE N 51 59 52 E, 30.00 feet;

THENCE southerly along a curve to the right, parallel with and 30.00 feet easterly of the centerline of said Mace Drive having a radial bearing of S 51 59 52 W and a radius of 140.48 feet, an arc distance of 93.53 feet;

THENCE S 0 08 37 W, parallel with and 30.00 feet east of the centerline of Mace Drive, l832.54 feet;

THENCE S 54 35 53 E, 23.09 feet to the point of beginning of Exception A, containing 98,030.073 square feet or 2.2505 acres, more or less.

 

BEGINNING at the point of beginning of Exception B, said point being 30.00 feet north of the centerline of Bong Street as now established and 30.00 feet east of the centerline of Westover Road as now established;

THENCE southerly along a curve to the left, parallel with and 30.00 feet east of said centerline of Westover Road, having a radial bearing of N 81 21 06 E and a radius of 2875.64 feet, an arc distance of 61.23 feet to a point 30.00 feet south of the centerline of Bong Street as now established;

THENCE S 69 14 43 W along a line 30.00 feet south of the centerline of said Bong Street, 30.54 feet to a point on the centerline of said Westover Road;

THENCE northerly, along a curve to the right, along the centerline of said Westover Road, having a radial bearing of N 80 01 05 E and a radius of 2905.64 feet, an arc distance of 454.74 feet;

THENCE N 59 48 24 E, 34.42 feet to a point 30.00 feet east of said centerline;

THENCE southerly along a curve to the left, parallel with and 30.00 feet east of said centerline, having a radial bearing of N 89 19 10 E and a radius of 2875.64 feet, an arc distance of 399.90 feet to the point of beginning of Exception B, containing 13,737.803 square feet or 0.3154 acres, more or less.

 

Additional Tract No. 5 (Tract 2, Parcel 3-B 1985 Quit-Claim Deed)

 

A tract of land in the Northwest Quarter of Section 2, Township 46 North, Range 33 West, Cass County, Missouri, more particularly described as follows:

 

BEGINNING at the northwest corner of the northwest quarter of said Section 2;

THENCE S 89 02 49 E, along the north line of the northwest quarter of said Section 2, 560.35 feet;

THENCE S 1 29 18 W, 65.00 feet, said point being the true point of beginning;

THENCE continuing on a prolongation of last described course, 194.42 feet;

THENCE N 89 07 58 W, 161.12 feet to a point on the centerline of Westover Road as now established, said point being the point of beginning of Exception. A;

THENCE N 0 00 00 E, along said centerline, 194.67 feet to a point 65.00 feet south of the north line of the northwest quarter of said Section 2;

THENCE S 89 02 49 E, parallel with and 65.00 feet south of said north line, 166.17 feet to the true point of beginning, containing 31,833.611 square feet or 0.7308 acres more or less.

 

Street Easement in Tract 2, Parcel 3-B 1985 Quit-Claim Deed

 

BEGINNING at the point of beginning of Exception A;

THENCE N 0 00 00 E, along the centerline of Westover Road as now established, 194.67 feet to a point 65.00 feet south of the North line of the northwest quarter of said Section 2;

THENCE S 89 02 49 E, parallel with and 65.00 feet south of said north line, 30.00 feet to a point 30.00 feet east of said centerline;

THENCE S 0 00 00 W, parallel with and 30.00 feet east of said centerline, 194.63 feet;

THENCE N 89 07 58 W, 30.00 feet to the point of beginning of Exception A, containing 5,839.572 square feet or 0.1341 acres more or less.

 

Additional Tract No. 6 (Tract 2, Parcel 3-C 1985 Quit-Claim Deed)

 

A tract of land in the west one half of Section 2 and the east one half of Section 3, Township 46 North, Range 33 West, Cass County, Missouri, more particularly described as follows:

 

BEGINNING at the northwest corner of the west one half of said Section 2;

THENCE S 0 03 51 W, along the west line of the west one half of said Section 2, 50.01 feet to a point 50.00 feet south of the north line of the west one half of said Section 2;

Said point being the true point of beginning;

THENCE S 89 02 49 E, parallel with and 50.00 feet south of said north line, 153.02 feet;

THENCE S 83 08 22 E, 145.75 feet to a point 65.00 feet south of said north line;

THENCE S 89 02 49 E, parallel with and 65.00 feet south said north line, 94.79 feet to a point on the centerline of Westover Road as now established, said point being the point of beginning of Exception A;

THENCE S 0 00 00 W along said centerline, 194.67 feet;

THENCE S 89 07 58 E, 30.00 feet to a point 30.00 feet east of said centerline;

THENCE S 0 00 00 W, parallel with and 30.00 feet east of said centerline, 63.25 feet;

THENCE S 66 25 55 W, 461.50 feet to a point on the west line of the west one half of said Section 2;

THENCE continuing along a prolongation of the last described course, 207.30 feet;

THENCE S 18 13 28 E, 142.35 feet;

THENCE N 89 05 14 W, 231.67 feet;

THENCE along a curve to the left, having a radial bearing of S 3 16 54 W, and a radius of 44.13 feet, an arc distance of 23.33 feet;

THENCE S 62 52 25 W, 9.66 feet;

THENCE N 58 48 17 W, 288.58 feet;

THENCE N 31 22 54 E, 638.25 feet to a point 50.00 feet south of the north line of the east one half of said Section 3;

THENCE S 88 52 36 E, parallel with and 50.00 feet south of the north line of the east one half of said Section 3, 323.37 feet to the true point of beginning, containing 458,788.093 square feet or 10.5323 acres more or less.

 

Street Easement in Tract 2, Parcel 3-C 1985 Quit-Claim Deed

 

BEGINNING at the point of beginning of Exception A;

THENCE S 0 00 00 W, along the centerline of Westover Road as now established, 194.67 feet;

THENCE S 89 07 58 E, 30.00 feet to a point 30.00 feet east of said centerline;

THENCE S 0 00 00 W, parallel with and 30.00 feet east of said centerline, 63.25 feet;

THENCE S 66 25 55 W, 65.46 feet to a point 30.00 feet west of the centerline of Westover Road as now established;

THENCE N 0 00 00 E, parallel with and 30.00 feet west of said centerline, 285.05 feet to a point 65.00 feet south of the north line of west one half of said Section 2;

THENCE S 89 02 49 E, parallel with and 65.00 feet south of said north line, 30.00 feet to the point of beginning of Exception A, containing 10,488.157 square feet or 0.2399 acres, more or less

 

Additional Tract No. 7 (Tract 1 - 1992 Special Warranty Deed)

 

All that part of Section 35, Township 47, Range 33, in Kansas City, Jackson County, Missouri, lying East of the Easterly right of way line of the St. Louis and San Francisco Railway Company and South of a line 1623.8 feet South of and parallel to the North line of said Section 35, except therefrom that portion of said land described as follows:

 

Beginning at the Southeast corner of said Section 35, thence West along the South line of said Section 35, a distance of 375.4 feet to the East line of the right of way of U.S. Highway No. 71; thence North 30 degrees 20 1/2 minutes East along the line of said right of way, 602.51 feet to a point of curve; thence on a curve to the left (having a radius of 814.99 feet) a distance of 187.4 feet to the East line of said Section; thence South 691.55 feet to the point of beginning.

 

Additional Tract No. 8 (Tract 2 1992 Special Warranty Deed)

 

All that part of the South 1/2 of Section 35, Township 47, Range 33, in Kansas City, Jackson County, Missouri, lying West of the Westerly right of way line of the St. Louis and San Francisco Rai1way Company, except therefrom the West 1596.13 feet of said land.

 

A1so except therefrom that portion of said land described as follows: Commencing at the Southwest corner of said Section 35; thence Easterly along the south line of said Section 35, a distance of 3086.13 feet to the point of beginning of the tract of land herein described; thence Northerly at right angles to said South line of Section 35, a distance of 880 feet; thence Easterly with an angle of 90 degrees to the right, 350 feet; thence Southerly with an angle of 90 degrees to the right, 880 feet, thence Westerly with an angle of 90 degrees to the right, 350 feet to the point of beginning.

 

Section 3. That the City Manager is hereby authorized to execute, on behalf of the City, such documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this ordinance and to implement the transactions contemplated under the Cooperative Agreement, the development agreement, including the assignment of leases to the Authority, any necessary lease amendments and a bill of sale for personal property being conveyed with the real property.

 

Section 4. The City and its officers, agents and employees are hereby authorized and directed to, take such further action as may be necessary or desirable to carry out and comply with the intent of this ordinance and to implement the transactions contemplated under the Cooperative Agreement and the development agreement, including the transfer of all security deposits under the existing leases, any prepaid rental under the leases (pro-rata) and additional documents required by the Authority or title company to complete the conveyance of fee simple title to the property to the Authority.

 

____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Heather A. Brown

Assistant City Attorney