ORDINANCE NO. 060285

Approving the final plat of Barry Plaza Fifth Plat, an addition in Kansas City, Platte County, Missouri; accepting various easements; authorizing the Director of Public Works to execute a certain agreement; and authorizing the City Clerk to file this ordinance and attached agreement.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the plat of Barry Plaza Fifth Plat, a subdivision in Kansas City, Platte County, Missouri, a true and correct copy of which is attached hereto and incorporated herein by reference is hereby approved.

Section 2. 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 3. 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 curbs between such adjacent grade points, the elevations of which are therein given, in feet above the City Directrix.

Section 4. That the Aviation and Noise Easement executed by Ferd Labrunerie and Ann Labrunerie, husband and wife, Claire Labrunerie and Shane Danner, co-trustees for the Labrunerie Trust, and Richard Nenneman, trustee for the Barry Road Nominee Realty Trust, for the purposes as therein set out, in, through, over and across the air-space above lands, of which lands the plat herein accepted is included, be and the same is hereby accepted and the original of said Aviation Easement is attached hereto and made a part hereof.

Section 5. That the Director of Public Works 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 City Clerk is hereby directed to file copies of this ordinance, together with the Covenant to Maintain Storm Water Detention Facility agreement, in the Office of the Secretary of State of Missouri and in the Office of the Recorder of Deeds of Platte County, Missouri together with all other relevant documents.

Section 7. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

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Approved as to form and legality:

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Mark P. Jones

Assistant City Attorney