ORDINANCE NO. 080367

Approving the preliminary plat of Amended Preliminary Plat of Shearer Subdivision on a 1.41 acre tract of land generally located at 9310 Raytown Road to revise a condition regarding subordination. (SD 1329B)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the preliminary plat of Amended Preliminary Plat of Shearer Subdivision on a 1.41 acre tract of land generally located at 9310 Raytown Road, and more specifically described as follows:

A tract of land located in the Northeast Quarter of Section 29, Township 48 North, Range 32 West, City of Kansas City, Jackson County, Missouri, being described as follows: Beginning at the southeast corner of the Northeast Quarter of said Section 29; thence North 0156'21" East along the east line of the Northeast Quarter of said Section 29, 1243.5 feet deed, 1248.43 feet measured to the southeast corner of a tract of land recorded and described in Deed Book 703, at page 605, Jackson County, Missouri, and the true point of beginning; thence leaving the said east line, North 8907'25" West along the southerly line of said recorded tract 150.00 feet; thence South 0156'21" West along the southerly line of the said recorded tract 14.00 feet deed, 13.95 measured; thence North 8900'48" West along the said southerly line 147.00 feet deed, 146.91 measured to the southwest corner of said recorded tract; thence North 0156'21" East along the west line of said recorded tract 247.00 feet deed, 245.43 measured to the northwest corner of said recorded tract; thence South 8915'57" East along the north line of said recorded tract 297.00 feet deed, 296.93 measured to a point on the east line of the Northeast Quarter of said Section 29; thence South 0156'21" West along the said east line 233.00 feet deed, 232.50 measured to the true point of beginning. Containing 1.63 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 the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

2. That the developer contribute $466.62 in lieu of parkland dedication for 2 units (2 units [3.7 for SF] .006 $10,509.41 (year 2008) = $466.62) in satisfaction of Section 66-128 of the Subdivision Regulations.

3. That the developer dedicate additional right of way for primary arterial with a bike lane as required by Development Services so as to provide a minimum of 56 feet of right of way as measured from the centerline of Raytown Road.

4. That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and the City be responsible for all costs associated with relocation activities, subject to appropriation.

5. That the developer grant a cross-access easement over the existing drive.

6. That public sanitary sewer system need not be extended provided that the developer demonstrates that the existing private sewage disposal system complies with Chapter 18, Kansas City Building and Rehabilitation Code, Code of Ordinances, at the time of each application for building permits, which may add plumbing fixtures.

A copy of the preliminary plat is on file in the office of the City Clerk with this ordinance and is 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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M. Margaret Sheahan Moran

Assistant City Attorney