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Legislation #: 100265 Introduction Date: 3/25/2010
Type: Ordinance Effective Date: 4/25/2010
Sponsor: COUNCILMEMBER FORD
Title: Repealing Ordinance No. 080234 that approved the plat of Fountain Hills Eighth Plat and enacting a new ordinance approving the plat of Fountain Hills Eighth Plat, an addition in Clay County, Missouri; accepting and releasing 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 documents. (SD1054)

Legislation History
DateMinutesDescription
3/25/2010 Filed by the Clerk's office
3/25/2010 Referred to Planning and Zoning Committee
4/7/2010 Do Pass
4/8/2010 Add to Consent Docket
4/15/2010 Passed

View Attachments
FileTypeSizeDescription
100265, related docs.pdf Other 537K Related docs
100265, recorded docs.pdf Recorded Info 1916K Recorded docs
100265.pdf Authenticated 182K AUTHENTICATED
Fountain Hills Eighth Plat Repeal Replace Fact Sheet.docx Fact Sheet 23K Revised fact sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100265 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100265

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ORDINANCE NO. 100265

 

Repealing Ordinance No. 080234 that approved the plat of Fountain Hills Eighth Plat and enacting a new ordinance approving the plat of Fountain Hills Eighth Plat, an addition in Clay County, Missouri; accepting and releasing 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 documents. (SD1054)

  WHEREAS, on March 20, 2008, the City Council passed Ordinance No. 080234 approving the plat of Fountain Hills Eighth 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

   WHEREAS, the Ordinance approving the final plat of Fountain Hills Eighth Plat became effective on March 30, 2008, and the plat must be recorded by March 30, 2010, or approval of the plat shall become null and void; and

   WHEREAS, the developer desires to delay the project to allow economic market conditions to improve before completing the project; and

  WHEREAS, the developer is not being relieved of any obligations to comply with adopted standards as a result of this ordinance; and  

 WHEREAS, the City Council now desires to repeal Ordinance No. 080234 and pass a new Ordinance that approves the plat in order to allow the developer an additional two years to record the plat; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section 1. That Ordinance No. 080234 passed March 20, 2008, that approved the plat of Fountain Hills Eighth Plat, is hereby repealed.

Section 2. That the plat of Fountain Hills Eighth 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 various easements in Kansas City, Clay County, executed by the following persons, and which appear of record as the instrument numbers, and respective book and page numbers are hereby accepted for the purposes stated thereof:

 1.   Aviation and Noise Easement- Instrument No. 2008004589, Book 5905, Page 77

2.  Storm Drainage Easement- Instrument No. 2007046907, Book 5854, Page 148

3.  Standard Sewer Easement- Instrument No. 2007046904, Book 5854, Page 145

4.             Standard Sewer Easement- Instrument No. 2007046905, Book 5854, Page 146

5.           Standard Sewer Easement- Instrument No. 2007046906, Book 5854, Page 147

6.           Temporary Easement- Instrument No. 2005032407, Book 5065, Page 13

Section 5. That all right, title and interest in a standard sewer easement accepted by Kansas City, under Book 4619, Page 844, be and the same is hereby released to the respective owner, their successors or assigns, over that part of aforesaid easement described as follows:

 A strip of land in the Northeast, Southeast and Southwest Quarter of Section 3, Township 51, Range 33, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Southwest corner of said Section 3; thence South 89o5109 West, along the North line of said Southwest Quarter462.86 feet; thence South 0o0851 East, 328.58 feet; thence North 65o0708 East, 329.36 feet; thence North 64o2940 East, 339.76 feet; thence North 54o3549 East, 160.01 feet; thence North 29o0126 East, 291.04 feet thence North 31o4115 West, 195.40 feet to the True Point of Beginning of the centerline of that portion of the above reference easement to be released; thence North 19o0250 West, 164.79 feet to the Point of Termination.

That all right, title and interest in a standard sewer easement accepted by Kansas City, under Book 4752, Page 981, be and the same is hereby released to the respective owner, their successors or assigns, over that part of aforesaid easement described as follows:

A strip of land 10.00 feet wide over part of the Fractional Northwest Quarter of Section 3, Township 51 North, Range 33 West, Kansas City, Clay County, Missouri, lying 5.00 feet on each side of the following described centerline: Commencing at the Southwest corner of said Fractional Northwest Quarter; thence North 01o4429 East along the West line of said Fractional Northwest Quarter, 811.36 feet; thence South 88o1531 East, 1289.65 feet to the Point of Beginning of the centerline to be herein described; thence North 35o1929 East, 50.74 feet; thence South 63o1700 East, 337.06; thence South 74o0333 East, 237.75 feet; thence North 84o2202 East, 155.06 feet to the True Point of Beginning of the centerline of that portion of the above reference easement to be released thence North 84o2202 East, 101.96 feet to the Point of Termination of said centerline.

  Section 6. 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 7. That the Director of City Development is hereby authorized to execute a Covenant to Maintain Storm Water Detention and BMP Facility Agreement, to be in a form substantially as that attached hereto as Exhibit A and incorporated herein by reference.

Section 8. 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 9. That the City Clerk is hereby directed to record copies of this ordinance, together with the documents described herein and all other relevant documents, when the plat has been released for recording, together with the Covenant to Maintain Storm Water Detention and BMP Facility Agreement, in the Office of the Recorder of Deeds of Clay County, Missouri.

  Section 10. 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