ORDINANCE NO. 060103
Approving the plat of Blue Ridge
Crossing, an addition in Kansas City, Jackson County, Missouri; accepting
various easements; releasing various documents; establishing grades on public
ways; authorizing the Director of Public Works to accept a driveway maintenance
agreement, a partial deed of release and subordination of deed of trust; 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 Blue Ridge Crossing, a
subdivision in Kansas City, Jackson 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 all right, title and interest in the
following recorded documents, be and the same are hereby released under the
following:
1.
Rights
reserved in the deed from Blue Ridge Center Limited Partnership, a Delaware
limited partnership, to MBS Mall Investor-98 LLC, a Missouri limited liability
company, recorded November 18, 1998 as Doc. No. 98-I92129, in Book I-3314 at
Page 1891.
2.
Right-of-Entry
agreement recorded November 5, 1993 as Doc. No. I-1228565 in Book I-2472 at
Page 382, executed by Blue Ridge Center Limited Partnership and by Amoco Oil
Company, last extended and amended January 10, 2001 as assigned by Blue Ridge
Center Limited Partnership to MBS Out-Parcel Investor, LLC by the document
recorded January 23, 2001 as Document Number 2001I0004258.
3.
Occupancy
rights of Amoco Oil Company pursuant to the foregoing Right of Entry Agreement.
4.
Restriction
contained in the deed executed by Blue Ridge Center Limited Partnership to MBS
Out Parcel Investor, LLC recorded January 23, 2001 as Document Number
2001I0004257.
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 Public Works is
hereby authorized to accept a Driveway Maintenance Agreement and a Partial Deed
of Release and Subordination of Deed of Trust Agreement, to be in a form
substantially as that attached hereto as Exhibits A and B and incorporated
herein by reference.
Section 6. That the City Clerk is hereby directed to
file copies of this ordinance, together with the Driveway Maintenance Agreement
and a Partial Deed of Release and Subordination of Deed of Trust Agreement, in
the Office of the Recorder of Deeds of Jackson County, Missouri together with
all other relevant documents.
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:
____________________________________
Mark
P. Jones
Assistant City Attorney