ORDINANCE NO. 060834
Approving the plat of Staley
Farms Tenth Plat, The Retreat, an addition in Kansas City, Clay County,
Missouri; accepting and releasing various easements; establishing grades on
public ways; authorizing the Director of Public Works to execute a certain agreement;
authorizing the Director of Public Works to accept certain agreements; and
authorizing the City Clerk to file this ordinance and attached documents.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the plat of Staley Farms Tenth
Plat, The Retreat, a subdivision in Kansas City, Clay 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
various easements in Kansas City, Clay 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:
1. Temporary
Easement by Premier Golf Missouri, LLC Instrument No. 2006022154, Book 5384,
Page 44.
2. Storm
Drainage Easement by Premier Golf Missouri, LLC Instrument No. 2006022153, Book
5384, Page 43.
3. Conveyance
of Easement for Surface Drainage by Staley Land Company, LLC Instrument No.
2006022877, Book 5388, Page 97.
4. Conveyance
of Easement for Surface Drainage by Staley Land Company, LLC Instrument No.
2006022878, Book 5388, Page 98.
Section 4. That all right, title and interest in the
following recorded easements be and the same are hereby released to the
respective owners, their successors or assigns, over that part of aforesaid
easement under the following:
1.
Temporary
construction easement, Book 2667, Page 194.
2.
Storm
drainage easement, Book 2667, Page 196.
3.
Sanitary
sewer easement, Book 3628, Page 724.
Section 5. 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 6. That the Director of Public Works is
hereby authorized to execute a Subordination and Reimbursement Agreement with
Missouri Gas Energy, to be in a form substantially as that attached hereto as
Exhibit A and incorporated herein by reference.
Section 7. That the Director of Public Works is
hereby authorized to accept a Partial Deed of Release Agreement and a
Subordination of License or Easement Agreement with Aquila, to be in a form
substantially as that attached hereto as Exhibit B and C and incorporated
herein by reference.
Section 8. That the City Clerk is hereby directed to
file copies of this ordinance, together with the Subordination and
Reimbursement Agreement with Missouri Gas Energy, the Partial Deed of Release
Agreement, and the Subordination of License or Easement Agreement with Aquila,
in the Office of the Recorder of Deeds of Clay County, Missouri together with
all other relevant documents.
Section 9. That the Council finds that the City Plan
Commission has duly endorsed its approval of this Ordinance hereon.
_____________________________________________
Approved
as to form and legality:
_________________________________
Mark
P. Jones
Assistant City Attorney