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Legislation #: 100167 Introduction Date: 2/25/2010
Type: Ordinance Effective Date: 3/14/2010
Sponsor: COUNCILMEMBER GOTTSTEIN
Title: Repealing Ordinance No. 080107 that approved the plat of Whitehall Condominium Replat and enacting a new ordinance approving the plat of Whitehall Condominium Replat, an addition in Jackson 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 record this ordinance and attached agreements. (SD1073B)

Legislation History
DateMinutesDescription
2/24/2010 Filed by the Clerk's office
2/25/2010 Referred to Planning and Zoning Committee
3/3/2010 Advance and Do Pass, Consent
3/4/2010 Passed

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ORDINANCE NO. 100167

 

Repealing Ordinance No. 080107 that approved the plat of Whitehall Condominium Replat and enacting a new ordinance approving the plat of Whitehall Condominium Replat, an addition in Jackson 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 record this ordinance and attached agreements. (SD1073B)

WHEREAS, on February 14, 2008, the City Council passed Ordinance No. 080107 approving the plat of Whitehall Condominium Replat; 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

  WHEREAS, the Ordinance approving the final plat of Whitehall Condominium Replat became effective on February 24, 2008, and the plat must be recorded by February 24, 2010, or approval of the plat shall become null and void; and

  WHEREAS, the developer desires an extension because one of the units has been foreclosed upon by Freddie Mac and the developer has been unable to obtain a signature from Freddie Mac, which is required before the plat can be released for recording;

 

WHEREAS, the City Council now desires to repeal Ordinance No. 080107 and pass a new Ordinance that approves the plat in order to allow the developer additional time to obtain the final signature needed to record the plat; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:  

Section 1. Repealing Ordinance No. 080107, passed February 14, 2008, that approved the plat of Whitehall Condominium Replat.

 

Section 2. That the plat of Whitehall Condominium Replat, 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 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 Planning and 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 Jackson 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