KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 200155 Introduction Date: 2/20/2020
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBER MCMANUS
Title: Acknowledging receipt of a restrictive covenant delivered by the owners of certain real property generally located southwest of the intersection of Ward Parkway and W. 79th Street imposing certain restrictions on the property for the mutual benefit of the City and present and future owners and directing the recording of this Resolution by the City Clerk.

Legislation History
DateMinutesDescription
2/20/2020 Filed by the Clerk's office
2/20/2020 Immediate Adoption of Resolution
2/20/2020 Adopted

View Attachments
FileTypeSizeDescription
200155.pdf Authenticated 81K Authenticated Ordinance
communication.pdf Other 870K Communication

Printer Friendly Version

RESOLUTION NO. 200155

 

Acknowledging receipt of a restrictive covenant delivered by the owners of certain real property generally located southwest of the intersection of Ward Parkway and W. 79th Street imposing certain restrictions on the property for the mutual benefit of the City and present and future owners and directing the recording of this Resolution by the City Clerk.

 

WHEREAS, on January 23, 2019, the City Council by Ordinance No. 200014 rezoned an area of approximately 1.68 acres generally located southwest of the intersection of Ward Parkway and W. 79th Street, Kansas City, Missouri, as more fully described on Exhibit A attached hereto (the “Property”) from Districts B1-1 (Neighborhood Business 1-1) and R-6 (Residential 6) to District B1-1 (Neighborhood Business 1-1) and approved a development plan for the proposed McGonigle’s Expansion Plan for two commercial buildings, and by Resolution No. 200015 amended the Country/Club Waldo Area Plan by changing the recommended land use on about 0.9 acres generally located southwest of the intersection of Ward Parkway and W. 79th Street from residential low to commercial with Pedestrian Oriented Design focus; and

 

WHEREAS, on February 6, 2020, the City Council introduced Resolution No. 200123 to amend the Country/Club Waldo Area Plan by changing the recommended land use on about 0.9 acres generally located at southwest of the intersection of Ward Parkway and W. 79th Street from commercial with Pedestrian Oriented Design Focus to residential low, and Ordinance No. 200124 to rezone an area of approximately 1.68 acres generally located southwest of the intersection of Ward Parkway and W. 79th Street from District B1-1 (Neighborhood Business 1-1) to Districts B1-1 (Neighborhood Business 1-1) and R-6 (Residential 6), and repeal the development plan approved pursuant to Ordinance No. 200014; and

 

WHEREAS, the owner of the Property (“Property Owner”) has executed, recorded and delivered to the City a legal instrument covenanting and agreeing that, so long as the Property is zoned B1-1 (Neighborhood Business 1-1), certain otherwise permissible uses shall be prohibited on the Property (the “Restrictive Covenant”); NOW THEREFORE,

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That the Council acknowledges receipt of the Restrictive Covenant.

 

Section B. That the Council acknowledges that the Property Owner and Fareway have met with the City and neighborhood regarding the future operation of the Property.

 

Section C. That the Council directs the City Clerk to cause the recording of this Resolution with the Jackson County, Missouri Recorder of Deeds.

 


 

EXHIBIT A

Legal Description of Property

 

TRACT I (1307 W. 79th Street):

Lot 27 and the north 1/2 of Lot 28, Home Gardens, except that part thereof in 79th Street, and except that part of said Lots conveyed to Kansas City, as described in the Warranty Deed dated February 1, 1957, filed February 7, 1957, as Document No. B-222998, in Book B-5048, at page 427.


TRACT II (7910 Mercier Street):

The South 1/2 of Lot 28, Home Gardens, a subdivision in Kansas City, Jackson County, Missouri.


TRACT III (7914 Mercier Street):

The North 1/2 of Lot 29, Home Gardens, a subdivision in Kansas City, Jackson County, Missouri.


TRACT IV (7918 Mercier Street):

The South 1/2 of Lot 29, Home Gardens, a subdivision in Kansas City, Jackson County, Missouri.


TRACT V (7922 Mercier Street):

The North 1/2 of Lot 30, Home Gardens, a subdivision in Kansas City, Jackson County, Missouri.


TRACT VI (7924 Mercier Street):

The South 1/2 of Lot 30, Home Gardens, a subdivision in Kansas City, Jackson County, Missouri.

 

______________________________________