ORDINANCE NO. 010257

Approving the preliminary plat of ClyMar Estates on approximately a 104.42 acre tract of land generally bounded by N. Wabash Avenue and N. Brooklyn Avenue on the east, N.E. 90th Street on the south, Missouri Highway 152 on the south and west, approximately 140 feet east of N. Flora Avenue on the west, and N.E. 95th Street on the north. (SD 0943)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the preliminary plat of ClyMar Estates on approximately a 104.42 acre tract of land generally bounded by N. Wabash Avenue and N. Brooklyn Avenue on the east, N.E. 90th Street on the south, Missouri Highway 152 on the south and west, approximately 140 feet east of N. Flora Avenue on the west, and N.E. 95th Street on the north, and more specifically described as follows:

TRACT 1: A tract of land located in the East Half of Section 1, Township 51 West, Range 33 North, of the Fifth Principal Meridian, Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the southwest corner of the Northeast Quarter of said Section 1; thence South 87E42'16" East along the south line of the Northeast Quarter of said Section 1, a distance of 108.72 feet to the point of beginning of the tract of land to be described; thence North 24E58'09" East, a distance of 244.90 feet; thence on a curve to the left, tangent to the last described course, having a radius of 1830.45 feet and an arc distance of 1069.80 feet to a point on the north line of the Southwest Quarter of the Northeast Quarter of said Section 1; thence South 88E36'08" East along said north line, a distance of 329.56 feet; thence South 00E40'32" West, a distance of 760.00 feet; thence South 88E36'08" East, a distance of 610.00; thence South 00E40'32" West along a line parallel and 30.00 feet from the east line of the Southwest Quarter of the Northeast Quarter of said Section 1, a distance of 530.20 feet to a point on the north line of the Southeast Quarter of said Section 1; thence South 87E42'16" East along said north line, a distance of 1111.68 feet; thence South 00E44'25" East, a distance of 1295.23 feet; thence North 87E47'52" West, a distance of 1116.57 feet; thence South 02E12'08" West, a distance of 20.00 feet to a point on the south line of the North Half of said Southeast Quarter; thence North 87E47'52" West along said south line, a distance of 331.70 feet to a point on the north right of way line of Missouri Highway 152, as now established; thence North 27E57'39" West along said north right of way line, a distance of 666.67 feet; thence North 58E25'22" West continuing along said north right of way line, a distance of 517.14 feet; thence North 61E49'13" West continuing along said north right of way line, a distance of 244.50 feet; thence North 66E26'37" West continuing along said north right of way line, a distance of 1.66 feet; thence North 00E45'53" East along a line parallel to and 1.40 feet from the west line of the Southeast Quarter of said Section 1, a distance of 138.26 feet; thence North 24E58'09" East, a distance of 261.66 feet to the point of beginning. Contains 3,346,344 square feet or 76.82 acres, more or less.

TRACT 2: A tract of land located in the North Half of Section 1, Township 51 North,

Range 33 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri, being more particularly described as follows: Commencing at the southeast corner of the Northwest Quarter of said Section 1; thence North 87E42'13" West along the south line of said Northwest Quarter, a distance of 108.03 feet to the point of beginning of the tract of land to be described; thence continuing North 87E42'13" West along said south line, a distance of 502.71 feet; thence North 00E12'50" East, a distance of 1795.45 feet to the southwest property corner of King of Kings Lutheran Church, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, said point also being on the east line of Willow Brooke 6th Plat, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof; thence South 89E26'42" East, a distance of 520.62 feet; thence South 34E08'42" East, a distance of 172.10 feet; thence South 11E01'20" East, a distance of 459.93 feet; thence on a curve to the right, tangent to the last described course, having a radius of 1695.45 feet and an arc distance of 1065.03 feet; thence South 24E58'09" West, a distance of 195.03 feet to the point of beginning. Contains 1,202,130 square feet or 27.60 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval at the time the final plat is submitted and that the developer make any improvements as required by the City Engineer's Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

4. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

5. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

6. That the developer extend water mains as required by the Water Services Department.

7. That the developer construct hard surface all-weather roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

8. That the developer submit a street tree planting plan as part of the final plat with a copy to be submitted to the Department of City Development, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

9. That the developer extend sanitary sewers as required by the Department of Public Works.

10. That the developer dedicate additional right of way for N.E. 90th Street as required by the Department of Public Works so as to provide a total of 25 feet of right of way as measured from the centerline of N.E. 90th Street.

11. That the developer improve the northern half of N.E. 90th street to residential street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

12. That the developer dedicate additional right of way for N.E. 92nd Street as required by the Department of Public Works so as to provide a total of 30 feet of right of way as measured from the centerline of N.E. 92nd Street.

13. That the developer improve the southern half of N.E. 92nd Street to collector street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

14. That the developer dedicate additional right of way for N. Wabash Avenue as required by the Department of Public Works so as to provide a total of 30 feet of right of way as measured from the centerline of N. Wabash Avenue.

15. That the developer improve the western half of N. Wabash Avenue to collector street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

16. That the developer dedicate additional right of way for N. Brooklyn Avenue as required by the Department of Public Works so as to provide a total of 30 feet of right of way as measured from the centerline of N. Brooklyn Avenue.

17. That the developer improve the western half of N. Brooklyn Avenue to collector street standards as required by the Department of Public Works, including construction of curb, gutter and sidewalks and installation of streetlights.

18. That the developer submit a street name signage plan to the Street Naming Committee for approval for all street names prior to the submittal of the final plat.

19. That the developer secure the approval of the Board of Zoning Adjustment for any proposed neighborhood identification signs prior to the issuance of a sign permit.

20. That the developer obtain a floodplain certificate if any grading is to occur within a floodplain as required by the Department of Codes Administration.

21. That the developer comply with the Kansas City Downtown Airport Height Zoning restrictions and that such restrictions be included on the final plat as required by the Department of Public Works.

A copy of the preliminary plat is on file in the office of the City Clerk under Document No. 010257, which is attached hereto and made a part hereof.

Section B. That the Council finds and declares that before taking any action on the proposed preliminary plat hereinabove, all public notices and hearings required by the Subdivision Regulations have been given and had.

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I hereby certify that as required by Chapter 66, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney