Thomas E. Barzee, Jr., City Counselor

Transcription

1 N6RTH KANSAS CITY Virtually Urbon. Supremely Suburban Howell NORTH KANSAS CITY, MO TEL: ( 816) FAX: ( 816) MEMORANDUM To: FROM: RE: Mayor and City Council Thomas E. Barzee, Jr., City Counselor Acceptance of Deeds from North Kansas City Special Road District No. 9 - New portion of 24`' Avenue immediately west of Vernon Street in the City of North Kansas City, Missouri DATE: 1 March 2016 CC: Eric Berlin, City Administrator PURPOSE: The purpose of the ordinance, if duly passed by the city council and approved by the mayor, is for the City of North Kansas City, Missouri ( the " City'D to accept two Special Warranty Deeds, dated February 12, 2016, from North Kansas City Special Road District No. 9 ( the " Road District"). As you will recall, the Road District has constructed a new entrance into the North Kansas City Hospital ( the " Hospital' D off of Vernon Street. As part of the project, the Road District was required to construct a relatively small street (2e Avenue) on the west side of Vernon Street. REMARKS: The purpose of this ordinance is to transfer ownership, as well as maintenance responsibilities, from the Road District to the City for the new 24`'' Avenue on the west side of Vernon Street. The new roadway on the east side of Vernon Street leading to the Hospital, known as Clay Edwards Drive, has been transferred by the Road District directly to the Hospital for maintenance and operations becoming part of the hospital campus. It is recommended that the City accept these two parcels of real property identified in the two deeds and that such roadway be dedicated for public use by the City. I trust you will find all to be in order, but should you have any questions or comments, please do not hesitate to contact me.

2 ORDINANCE NO BILL NO AN ORDINANCE APPROVING AND ACCEPTING TWO SPECIAL WARRANTY DEEDS FROM NORTH KANSAS CITY SPECIAL ROAD DISTRICT NO. 9 REGARDING CERTAIN REAL PROPERTY UPON WHICH 24m AVENUE, WEST OF VERNON STREET IN THE CITY OF NORTH KANSAS CITY, HAS BEEN CONSTRUCTED; AND DEDICATING SUCH STRIP OF ROADWAY FOR PUBLIC USE AND PURPOSES. WHEREAS, the City of North Kansas City, Missouri (the " City") is a third class city and political subdivision duly organized and validly existing under the Constitution and laws of the State of Missouri; and WHEREAS, North Kansas City Special Road District No. 9 is a political subdivision of the State of Missouri organized and existing pursuant to the laws of the State of Missouri (the " Road District"); and WHEREAS, the Road District has constructed a new roadway, known as Clay Edwards Drive, on the east side of Vernon Street to the North Kansas City Hospital and, as part of that project, the Road District was required to also construct a relatively small roadway, known as 24"' Avenue, on the west side of Vernon Street. The property upon which the new strip of 24"' Avenue, west of Vernon Street, is legally described as follows (the " Property"): All of Lot 16, Block 16, NORTH KANSAS CITY DEVELOPMENT COMPANY' S HILLSIDE ADDITION to North Kansas City, Clay County, Missouri, according to the recorded plat thereof; and All of Lot 17, Block 16, NORTH KANSAS CITY DEVELOPMENT COMPANY' S HILLSIDE ADDITION, a subdivision of land now in North Kansas City, Clay County, Missouri, according to the recorded plat thereof; and WHEREAS, the City desires to receive from the Road District the two Special Warranty Deeds for the above- described real property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH KANSAS CITY, MISSOURI, AS FOLLOWS: Section 1. Approval and Authorization of Real Property Conveyance. The City Council does hereby find and determine that it is in the best interest of the citizens and City of North Kansas City, Missouri, to approve, authorize, accept and receive two certain Special Warranty Deeds from North Kansas City Special Road District No. 9, as grantor, and in favor of the City, as grantee, regarding certain real property, described as the Property. A copy of each Special Warranty Deed is attached hereto, marked Exhibit " A" and Exhibit `B" respectively and are incorporated herein by reference. Section 2. Acceptance of Real Property Conveyance and Dedication for Roadway Purposes. The above- described special warranty deeds from North Kansas City Special Road District No. 9, referred to in Section 1 hereof, are hereby approved, received and accepted by the City Council of the City of North Kansas City, Missouri, on behalf of the City. The City Council directs that the attached special warranty deeds be duly and properly recorded in the Office of the Clay County Recorder of Deeds. The roadway upon such property, known as 24th Avenue, be and hereby is dedicated for public roadway purposes and such other public purposes that are deemed appropriate. APPROVING DEEDS FRGM NKC ROAD DISTRICT FOR 24- AVENUE 18 FEBRUARY 2016

3 Section 3. Further Authority. The City shall, and the mayor, city clerk, city officials and employees of the City are hereby authorized and directed to take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 4. Severability. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be severable. In the event that any such section, paragraph, sentence, clause, or phrase of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this Ordinance are so essential to and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City has enacted the valid portions without the void ones, or unless the court finds that the valid portions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 5. Governing Law. This Ordinance shall be governed exclusively by and construed in accordance with the applicable laws of the State of Missouri. Section 6. Effective Date. This Ordinance shall be in full force and effect immediately upon passage by the City Council and approval by the Mayor. PASSED this 1St day of March, ATTEST: Don Stielow, Mayor City Clerk APPROVED this 1St day of March, APPROVED AS TO FORM: Don Stielow, Mayor City Attorney City Counselor Remainder ofpage intentionally left blank) APPROVING DEEDS FRGM NKC ROAD DISTRICT FOR 24- AVENUE 2 18 FEBRUARY 2016

4 CERTIFICATE STATE OF MISSOURI COUNTY OF CLAY SS. The undersigned City Clerk of the City of North Kansas City, Missouri, does hereby certify that the above and foregoing is a true and correct copy of Ordinance No of the said City duly passed and approved according to law as fully as the same appears of record in my office in the Book of Ordinances in said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of said City this day of March, Crystal Doss, City Clerk ACKNOWLEDGEMENT STATE OF MISSOURI COUNTY OF CLAY SS. On this March, 2016, before me appeared Crystal Doss, to me personally known, who being duly sworn did state that she is the City Clerk of the City of North Kansas City, Missouri, a municipal corporation, and that the seal affixed to the foregoing certified copy is the seal of said municipal corporation and that said ordinance was signed and sealed on behalf of the City of North Kansas City, Missouri, by authority of the City Council and the said Crystal Doss, City Clerk, as aforesaid, acknowledges the same to be the free act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County the day and year above written. My Commission expires: Notary Public APPROVING DEEDS FRGM NKC ROAD DISTRICT FOR 24- AVENUE 3 18 FEBRUARY 2016

5 EXHIBIT " A"

6 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED granted this. 1 _ day ofatuuid 2016, by and between NORTH KANSAS CITY SPECIAL ROAD DISTRICT # 9, a road district organized under Missouri Revises Statutes et.seq, of the County of Clay, State of Missouri (" Grantor"), and THE CITY OF NORTH KANSAS CITY, MISSOURI (" Grantee"). WITNESSETH, THAT SAID GRANTOR, in consideration of the sum of Ten Dollars ) and other good and valuable consideration to it paid by Grantee ( the receipt and sufficiency of which is hereby acknowledged) does by these presents, GRANT, BARGAIN, SELL and CONVEY unto Grantee, its successors and assigns, all of Grantor' s interest in and to those certain lots, tracts or parcels of land situated in the County of Clay, State of Missouri, legally described as follows: All of Lot 16, Block 16, NORTH KANSAS CITY DEVELOPMENT COMPANY' S HILLSIDE ADDITION to North Kansas City, Clay County, Missouri, according to the recorded plat thereof. which is generally described as 2400 Vernon St., North Kansas City, Missouri Conveyance is subject to reservations, restrictions, covenants and easements of record, if any (" Property"). TO HAVE AND TO HOLD the Property aforesaid unto Grantee and its heirs and assigns, forever; Grantor hereby covenants that the said Property is free and clear of any encumbrances done or suffered by it, and it is expressly understood in this conveyance and in the covenants herein that Grantor will warrant and defend the title to said Property unto Grantee, its heirs and assigns, against the lawful claims and demands of Grantor, its heirs or those through whom they claim.. SIGNATURE PAGE TO FOLLOW] Page 1 of 2

7 IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed, and sealed by its duly authorized officer as of the day and year above written. GRANTOR: North K as City S ecial Road District #9 By: Name: Title: QC4,, C1w ACKNOWLEDGEMENT STATE OF MISSOURI COUNTY OF CLAY ss. On this! Z. day of,"- 11, 2016 tefore me, a Notary Public in and for the State, personally appeared Qom. ' 4-L yitw to me personally known, who being by me duly sworn, did say that he or she is the 6-4,6, of North Kansas City Special Road District # ment insins 9, and that said ssia and sealed on behalf of said Road District by authority of its governing body, and said officer acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said authority. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. N,91 ry Public My Commission Expires: f 40 sfov 11[[ AVO, AR t, Page 2 of 2

8 EXHIBIT " B"

9 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED granted this day of`{, 2016, 9, a road district by and between NORTH KANSAS CITY SPECIAL ROAD DISTRICT # organized under Missouri Revises Statutes et. seq, of the County of Clay, State of Missouri (" Grantor"), and THE CITY OF NORTH KANSAS CITY, MISSOURI (" Grantee"). WITNESSETH, THAT SAID GRANTOR, in consideration of the sum of Ten Dollars ) and other good and valuable consideration to it paid by Grantee ( the receipt and sufficiency of which is hereby acknowledged) does by these presents, GRANT, BARGAIN, SELL and CONVEY unto Grantee, its successors and assigns, all of Grantor' s interest in and to those certain lots, tracts or parcels of land situated in the County of Clay, State of Missouri, legally described as follows: All of Lot 17, Block 16, NORTH KANSAS CITY DEVELOPMENT COMPANY' S HILLSIDE ADDITION, a Subdivision of land now in North Kansas City, Clay County, Missouri, according to the recorded plat thereof. which is generally described as an undeveloped lot at E. 24th Street, North Kansas City, MO 64116, Missouri. Conveyance is subject to reservations, restrictions, covenants and easements of record, if any (" Property"). TO HAVE AND TO HOLD the Property aforesaid unto Grantee and its heirs and assigns, forever; Grantor hereby covenants that the said Property is free and clear of any encumbrances done or suffered by it, and it is expressly understood in this conveyance and in the covenants herein that Grantor will warrant and defend the title to said Property unto Grantee, its heirs and assigns, against the lawful claims and demands of Grantor, its heirs or those through whom they claim. SIGNATURE PAGE TO FOLLOW] Page 1 of 2

10 IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed, and sealed by its duly authorized officer as of the day and year above written. GRANTOR: North K sas City S ec* I Road District #9 By: Name: f Lj Title:%, s ` tee - ACKNOWLEDGEMENT STATE OF MISSOURI COUNTY OF CLAY ) ss. On this day of r 1 ' IV, 2416 bre ore me, a Notary Public in and for the tate, personally appeared personally known, who being by me duly sworn, did say that he or she is the GM 4nsS l of North Kansas City Special Road District # 9, and that said instrument was signed and sealed on behalf of said Road District by authority of its governing body, and said officer acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said authority. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. to me Not ubl c} / My Commission Expires: NOTARY SEAL CA Page 2 of 2