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Legislation #: 140891 Introduction Date: 10/16/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER CURLS AND COUNCILMEMBER REED
Title: Waiving certain requirements of Section 88-405-04, Code of Ordinances, in connection with the final plat of Horace Mann Village, an addition in Jackson County, Missouri, and directing the City Clerk to record this ordinance. (SD1458A)

Legislation History
DateMinutesDescription
10/16/2014 Filed by the Clerk's office
10/16/2014 Referred to Planning, Zoning & Economic Development Committee
10/22/2014 Advance and Do Pass, Debate
10/23/2014 Councilmember Circo (Second by Brooks) Move to Waive Charter Requirement
10/23/2014 Passed

View Attachments
FileTypeSizeDescription
140891 Rcrd Info.pdf Recorded Info 213K Recorded Info
140891.pdf Authenticated 138K Authenticated
140891 Agreement.pdf Agreement 226K Agreement
140891 Fact Sheet.pdf Fact Sheet 86K Fact Sheet

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ORDINANCE NO. 140891

 

Waiving certain requirements of Section 88-405-04, Code of Ordinances, in connection with the final plat of Horace Mann Village, an addition in Jackson County, Missouri, and directing the City Clerk to record this ordinance. (SD1458A)

 

WHEREAS, Council passed Ordinance No. 130692 approving the plat of Horace Mann Village, an addition in Jackson County, Missouri on September 26, 2013; and

 

WHEREAS, Section 88-405-04, Code of Ordinances, requires that all final plats be accompanied by documentation releasing any dedicated right-of-way from, and subordinating any deeds of trust to any building lines and easements shown on the plat; and

 

WHEREAS, Gannett Capital is beneficiary of record in the deed of trust executed by the Real Properties Investments, LLC, dated July 11, 2002, and recorded September 13, 2002, in the office of the Recorder of Deeds for Jackson County, Missouri, as Instrument No. 2002K0059037 (“Deed of Trust”); and

 

WHEREAS, no assignments of the beneficiary interest have been placed of record that disclose any other interest in such Deed of Trust;

 

WHEREAS, the continued existence of the Deed of Trust is in conflict with the requirement of subordination or release of a deed of trust to any building lines, lot lines and easements or dedicated right-of-way on the plat; and

 

WHEREAS, Council believes that the City’s interest in the rights in the dedicated rights-of-way, building lines, lot lines and easement shown on the final plat of Horace Mann Village will not be adversely affected by the waiver of the requirements of Section 88-405-04, Code of Ordinances, because of the execution of that certain Covenant to Perform by Ivanhome and the Ivanhoe Neighborhood Council in favor of the City, which requires Ivanhome to eliminate the deed of trust by suit or by payment by three months from the final judgment in a quiet title action; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Subject to execution of that certain Covenant to Perform by Ivanhome the requirement of Section 88-405-04, Code of Ordinances, requiring that all final plats be accompanied by documentation releasing or subordinating any deeds of trusts, to dedicated rights-of-way, any building lines, lot lines and easements shown on the plat is hereby waived with respect to the Deed of Trust held by Gannett Capital as shown in the certificate for the plat of Horace Mann Village, an addition in Jackson County, Missouri. A copy of the Covenant to Perform, in substantial form, is attached hereto and incorporated herein by reference.

 

Section 2. That the City Clerk is hereby directed to record copies of this Ordinance in the Office of the Recorder of Deeds of Jackson County, Missouri.

 

_______________________________________

 

Approved as to form and legality:

 

 

_______________________________

Sarah Baxter

Assistant City Attorney