ORDINANCE NO. 940743

Approving the plat of Amherst - Second Plat, an addition in Kansas City, Platte County, Missouri; accepting and releasing various easements; establishing grades on public ways; accepting certain lands for park purposes forever, in accordance with Section 58 of Article III of the Charter of Kansas City; and authorizing the Director of Public Works to execute a deferral agreement and directing the City Clerk to record same.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the plat of Amherst - Second Plat, a subdivision in Kansas City, Platte County, Missouri, a true and correct copy of which is attached hereto and incorporated herein by reference is hereby approved.

Section 2. That the plat granting and reserving unto Kansas City an easement and license or right to locate, construct, operate and maintain facilities including, but not limited to, water, gas, sewerage, telephone, cable TV, surface drainage, underground conduits, pad mounted transformers, service pedestals, any and all of them upon, over, under and along the strips of land outlined and designated on the plat by the words utility easement or U/E be and the same are hereby accepted and where other easements are outlined and designated on the plat for a particular purpose, be and the same are hereby accepted for the purpose as therein set out.

Section 3. That the grades of the streets and other public ways set out on the plat, 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 Aviation and Noise Easement executed by Amherst Realty, Inc., for the purposes as therein set out, in, through, over and across the air-space above lands, of which lands the plat herein accepted is included, be and the same is hereby accepted and the original of said Aviation Easement is attached hereto and made a part hereof.

Section 5. That all right, title and interest in a sewer easement accepted by Kansas City, under Ordinance No. 920375, passed April 23, 1992, be and the same is hereby released to the respective owner, their successors or assigns, over that part of aforesaid easement described as follows:

A tract of land over and across all that part of the south one-half of the north one-half of the Northeast Quarter of Section 17, Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Commencing at the northwest corner of the south one-half of the north one-half of said Northeast Quarter; thence South 8828'45" East, along the north line of said south one-half, 1082.77 feet; thence South 131'15" West, 73.63 feet to the true point of beginning of the tract to be herein described; thence South 2305'11" East, 40.00 feet; thence South 6654'49" West, 66.66 feet; thence North 5110'15" West, 28.34 feet; thence North 131'15" East, 16.50 feet; thence North 6654'49" East, 73.13 feet to the true point of beginning.

Section 7. That the lands heretofore designated and selected by the Board of Park and Recreation Commissioners as evidenced by their Resolution No. 22485 duly adopted on November 9, 1993, for public use for park purposes to wit:

A tract of land lying in the Northeast Quarter of Section 17, Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Commencing at the northeast corner of said Northeast Quarter; thence South 005'52" West, along the east line of said Northeast Quarter, 661.71 feet to the northeast corner of the south one-half of the north one-half of said Northeast Quarter, said point being also the true point of beginning of the tract to be herein described; thence continuing South 005'52" West, along said east line, 661.71 feet to the southeast corner of the south one-half of the north one-half of said Northeast Quarter; thence North 8834'06" West, along the south line of said south one-half, 467.00 feet; thence North 125'54" East, 188.30 feet; thence North 4724'05" West, 189.01 feet; thence North 8135'43" West, 160.62 feet; thence North 1820'51" West, 145.71 feet; thence North 6651'25" West, 145.42 feet; thence South 7759'11" West, 166.61 feet; thence North 3410'01" West, 105.81 feet; thence South 7234'29" West, 125.00 feet; thence North 1725'31" West, 98.24 feet; thence northwesterly along a curve to the right, tangent to the last described course, having a radius of 125.00 feet, an arc distance of 24.23 feet; thence northerly and easterly along a curve to the right, having a common tangent with the last described course, a radius of 15.00 feet, an arc distance of 25.61 feet to a point on the south right of way line of N.W. 79th Street, as now established; thence South 8828'45" East, along said south line and its easterly prolongation, 1,302.10 feet to the true point of beginning. Containing 11.54 acres, more or less.

Containing 11.54 acres, more or less be and the same is hereby accepted for public use for park purposes and shall remain such forever in accordance with Section 58 of Article III of the Charter of Kansas City.

Section 7. That the Director of Public Works is hereby authorized to execute a deferral agreement on behalf of the City with Five Stars Homes, Inc., for N.W. 79th Street, a copy of which is attached hereto, in substantial form and the Clerk is directed to record same.

Section 8. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

Recommended for approval this ____ day of _____________, 1994.

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George E. Wolf, Jr., P.E.

Director of Public Works

Approved as to form and legality:

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Acting City Attorney