KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 081056 Introduction Date: 10/16/2008
Type: Ordinance Effective Date: 11/2/2008
Sponsor: COUNCILMEMBER FORD
Title: Repealing Ordinance No. 061153 that approved the plat of Holly Ridge Third Plat and enacting a new ordinance approving the plat of Holly Ridge Third Plat, an addition in Clay County, Missouri; accepting various easements; 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. (SD0796H)

Legislation History
DateMinutesDescription
10/16/2008 Filed by the Clerk's office
10/16/2008 Referred to Planning and Zoning Committee
10/22/2008 Advance and Do Pass as a Committee Substitute, Consent
10/23/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
081056 Related Documents.pdf Other 1547K Related Documents
081056 Recorded Documents.pdf Recorded Info 865K Recorded Documents
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081056 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081056
081056.pdf Authenticated 106K Authenticated
fact sheet.doc Advertise Notice 59K fact sheet

Printer Friendly Version

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081056

 

Repealing Ordinance No. 061153 that approved the plat of Holly Ridge Third Plat and enacting a new ordinance approving the plat of Holly Ridge Third Plat, an addition in Clay County, Missouri; accepting various easements; 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. (SD0796H)

  

WHEREAS, on October 26, 2006, the City Council passed Ordinance No. 061153 approving the plat of Holly Ridge Third Plat; and

 

WHEREAS, Section 66-45(f) of the Code of Ordinances provides that if the plat has not been recorded within two years of the effective date of the ordinance approving the plat, such approval shall become null and void and a new plat must be submitted to the city plan commission and city council; and

 

WHEREAS, the Ordinance approving the final plat of Holly Ridge Third Plat became effective on November 5, 2006, and the plat must be recorded by November 5, 2008, or a new plat must be submitted pursuant to Section 66-45(f); and

 

WHEREAS, the previous owner of the property, CMW Development, LLC, (CMW) entered into a cooperative agreement with the City in February 2006 to convey certain property to the City that is necessary for construction of a regional storm water detention facility; and

 

WHEREAS, CMW has refused to convey the property to the City that is necessary to construct the regional storm water detention facility; and

 

WHEREAS, the City has sued CMW to enforce the terms of the cooperative agreement; and


WHEREAS, the City Council now desires to repeal Ordinance No. 061153 and pass a new Ordinance that approves the plat to allow for an additional two years for the City to pursue its lawsuit against CMW; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Ordinance No. 061153 passed by Council on October 26, 2006, is hereby repealed.

 

Section 2. That the plat of Holly Ridge Third Plat, a subdivision in Clay County, Missouri, a true and correct copy of which is attached hereto and incorporated herein by reference, is hereby approved.

 

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 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 5. 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 6. 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, in the Office of the Recorder of Deeds of Clay County, Missouri.

 

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

 

_____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Sarah Baxter

Assistant City Attorney