ORDINANCE NO. 060705

Approving the plat of Brighton Crossing First Plat, an addition in Kansas City, Clay County, Missouri; accepting 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 documents.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the plat of Brighton Crossing First Plat, 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 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 4. 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.      Standard Sewer Easement by BECK-CAL, LLC, Instrument No. 2005058830, Book 5226, Page 89.

2.      Storm Drainage Easement by BECK-CAL, LLC, Instrument No. 2005058831, Book 5226, Page 90.

3.      Temporary Stockpile Grading Easement by BECK-CAL, LLC, Instrument No. 2005058829, Book 5226, Page 88.

4.      Temporary Grading Easement by BECK-CAL, LLC, Instrument No. 2005058828, Book 5226, Page 87.

5.      Temporary Grading Easement by J.A. PETERSON ENTERPRISES, INC, Instrument No. 2005043581, Book 5135, Page 99.

6.      Temporary Easement by J.A. PETERSON ENTERPRISES, INC, Instrument No. 2005043582, Book 5135, Page 100.

7.      Storm Drainage Easement by J.A. PETERSON ENTERPRISES, INC, Instrument No. 2005043580, Book 5135, Page 98.

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 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 7. That the City Clerk is hereby directed to file copies of this ordinance, together with the Covenant to Maintain Storm Water Detention Facility 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 8. 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