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Legislation #: 081055 Introduction Date: 10/16/2008
Type: Ordinance Effective Date: 11/16/2008
Sponsor: COUNCILMEMBER HERMANN
Title: Repealing Ordinance No. 070001 that approved the plat of Pine Grove Meadows 3rd Plat and enacting a new ordinance approving the plat of Pine Grove Meadows 3rd, 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 record this ordinance and attached documents. (SD0841E)  

Legislation History
DateMinutesDescription
10/16/2008 Filed by the Clerk's office
10/16/2008 Referred to Planning and Zoning Committee
10/22/2008 Hold On Agenda (11/5/2008)
11/5/2008 Advance and Do Pass, Debate
11/6/2008 Passed

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fact sheet.doc Advertise Notice 58K fact sheet

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RESOLUTION NO. 081055

 

Repealing Ordinance No. 070001 that approved the plat of Pine Grove Meadows 3rd Plat and enacting a new ordinance approving the plat of Pine Grove Meadows 3rd, 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 record this ordinance and attached documents. (SD0841E)  

 

WHEREAS, on January 11, 2007, the City Council passed Ordinance No. 070001 that approved the plat of Pine Grove Meadows 3rd 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 Pine Grove Meadows 3rd Plat became effective on January 21, 2007, and the plat must be recorded by January 21, 2009, or a new plat must be submitted pursuant to section 66-45(f); and

 

WHEREAS, the developer mortgaged the property to finance its development; and

 

WHEREAS, the developer is required by the mortgage to obtain the lenders consent in order to record the plat; and

 

WHEREAS, the lending institution is currently in receivership; and

 

WHEREAS, the developer will be unable to obtain the lenders consent to record the plat until the receivership has been resolved; and

 

WHEREAS, the City Council now desires to repeal Ordinance No. 070001 and pass a new Ordinance that approves the plat in order to allow the developer an additional two years to obtain the consent from the lender to record the plats; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Ordinance No. 070001 passed by Council on January 11, 2007, is hereby repealed.

 

Section 2. That the plat of Pine Grove Meadows 3rd 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 number, and respective book and page numbers are hereby accepted for the purposes stated thereof:

Temporary Easement: 2005021529, Book 4998, Page 12

 

Section 5. 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 6. That the Director of City Development is hereby authorized to execute a Covenant to Maintain Storm Water Detention Facility and BMP Agreement, to be in a form substantially as that attached hereto as Exhibit A and incorporated herein by reference.

Section 7. 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 8. 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 Facility and BMP Agreement, in the Office of the Recorder of Deeds of Clay County, Missouri.

 

Section 9. 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