ORDINANCE NO. 070107
Repealing Ordinance No. 051345
that approved the plat of Embassy Park Twelfth Plat and enacting a new
ordinance that approves the plat of Embassy Park Twelfth Plat, an addition in
Kansas City, Platte County, Missouri; accepting various easements; releasing a
certain easement; establishing grades on public ways; authorizing the Director
of City Development to execute and/or accept certain agreements; and
authorizing the City Clerk to file this ordinance and attached documents.
WHEREAS, on November 10, 2005, the City Council passed Ordinance No. 051345 that approved the plat of Embassy Park Twelfth Plat;
WHEREAS, subsequent to the passage of the Ordinance,
the developer revised the plat drawing by changing the number of lots from 36 to
35, re-orienting two lots to front onto N. Hull Avenue, widening the west
frontage of Tract A, slightly shifting the cul-de-sacs to accommodate drainage
siltation issues and releasing a certain easement; and
WHEREAS, the City Council now desires to repeal
Ordinance No. 051345 and pass a new Ordinance that approves the revised drawing
and releasing a certain easement; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Ordinance No. 051345 passed by Council on
November 10, 2005, is hereby repealed.
Section 2. That the plat of Embassy Park Twelfth 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
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 various easements in Kansas City,
Platte County, executed by the following persons, and which appear of record as
the instrument number, and respective book and page numbers are hereby accepted
for the purposes stated thereof:
Drainage Easement from Peterson Development Company, Inc., Instrument No.
014456, Book 1064, Page 237.
Sewer Easement from J. A. Peterson Enterprises, Inc., Instrument No. 014457,
Book 1064, Page 238.
Drainage Easement from J. A. Peterson Enterprises, Inc., Instrument No. 014458,
Book 1064, Page 239.
Easement from J. A. Peterson Enterprises, Inc., Instrument No. 014459, Book
1064, Page 240.
Easement from Peterson Development Company, Inc., Instrument No. 014460, Book
1064, Page 241.
Section 5. That all right, title and interest in the
following recorded easement be and the same is hereby released to the
respective owners, their successors or assigns, over that part of aforesaid
easement under the following:
easement, Book 1064, Page 237.
Section 6. 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 7. 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 8. 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 9. That the City Clerk is hereby directed to
file copies of this ordinance, together with the documents described herein and
all other relevant documents, when the plat has been released for recording,
together with the Covenant to Maintain Storm Water Detention Facility
Agreement, in the Office of the Recorder of Deeds of Platte County, Missouri.
Section 10. That the Council finds that the City Plan
Commission has duly endorsed its approval of this Ordinance hereon.
as to form and legality:
Assistant City Attorney