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Legislation #: 100164 Introduction Date: 2/25/2010
Type: Ordinance Effective Date: 3/14/2010
Sponsor: COUNCILMEMBER HERMANN
Title: Repealing Ordinance No. 080189 that approved the plat of The Meadows at Rock Creek First Plat and enacting a new ordinance approving the plat of The Meadows at Rock Creek First Plat, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached agreements. (SD1379A)

Legislation History
DateMinutesDescription
2/24/2010 Filed by the Clerk's office
2/25/2010 Referred to Planning and Zoning Committee
3/3/2010 Advance and Do Pass, Consent
3/4/2010 Passed

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100164.pdf Other 116K AUTHENTICATED
fact sheet.doc Advertise Notice 53K fact sheet

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ORDINANCE NO. 100164

 

Repealing Ordinance No. 080189 that approved the plat of The Meadows at Rock Creek First Plat and enacting a new ordinance approving the plat of The Meadows at Rock Creek First Plat, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached agreements. (SD1379A)

 

    WHEREAS, on March 6, 2008, the City Council passed Ordinance No. 080189 approving the plat of The Meadows at Rock Creek First Plat; and

 

  WHEREAS, Section 66-45(f) of the Code of Ordinances provides that if the plat has not been recorded within two years of the effective date of the Ordinance approving the plat, such approval shall become null and void; and

 

  WHEREAS, the Ordinance approving the final plat of The Meadows at Rock Creek First Plat became effective on March 16, 2008, and the plat must be recorded by March 16, 2010, or approval of the plat shall become null and void; and

 

  WHEREAS, the developer desires to delay the project to allow economic market conditions to improve before completing the project; and

 

WHEREAS, the developer has not pulled any permits for the completion of the improvements, and is not being relieved of any obligations to comply with adopted standards as a result of this ordinance; and  

 

WHEREAS, the City Council now desires to repeal Ordinance No. 080189 and pass a new Ordinance that approves the plat in order to allow the developer an additional two years to record the plat; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:  

 

Section 1. Repealing Ordinance No. 080189, passed March 6, 2008, that approved the plat of The Meadows at Rock Creek First Plat.

 

Section 2. Approving the plat of The Meadows at Rock Creek First Plat, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1379A)

 

Section 3. 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 4. 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 5. That the Director of City Development is hereby authorized to execute a Covenant to Maintain Storm Water Detention Facility Agreement, to be in a form substantially as that attached hereto as Exhibit A and incorporated herein by reference.

 

Section 6. That the Director of City Development is hereby authorized to execute and/or accept any and all agreements necessary to clear the title of any right of way, utility easements or other public property dedicated on the plat.

 

Section 7. That the City Clerk is hereby directed to record copies of this ordinance, together with the documents described herein and all other relevant documents, when the plat has been released for recording, in the Office of the Recorder of Deeds of Clay County, Missouri.

 

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

 

____________________________________________

 

Approved as to form and legality:

 

 

  _________________________________

Sarah Baxter

Assistant City Attorney