ORDINANCE NO. 060091
Approving the plat of Staley
Farms-Ninth Plat, The Elan, 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 a partial deed of release;
and authorizing the City Clerk to file this ordinance and attached agreements.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the plat of Staley Farms-Ninth Plat,
The Elan, 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. Storm Drainage Easement by Premier Golf Missouri, LLC, Instrument No. 2005053498, Book 5195, Page 21.
2. Conveyance of Easement for Surface
Drainage by Staley Land Co., LLC, Instrument No. 2005047999, Book 5161, Page
71.
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.
Storm
drainage easement, Book 2667, Page 196.
2.
Storm
drainage easement, Book 2724, Page 967.
3.
Temporary
roadway easement, Book 3827, Page 953.
4.
Standard
sewer easement, Book 3827, Page 957.
5.
Standard
sewer easement, Book 3827, Page 961.
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 Agreement, 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, to be in a
form substantially as that attached hereto as Exhibit B 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 Agreement and the Partial Deed of Release
Agreement, 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