ORDINANCE NO. 050892
Approving the plat of Fountain
Hills Fourth Plat, an addition in Kansas City, Clay and Platte 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 deed of release; 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 Fountain Hills Fourth
Plat, a subdivision in Kansas City, Clay and Platte 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 the Aviation and Noise Easement
recorded by Instrument No. 2005023334, Book 5008 at Page 50 in Clay County and
by Instrument No. 009909, Book 1059 at Page 715 in Platte County, for the
purposes as therein set out, in, through, over and across the air‑space
above lands, of which lands the plat herein accepted is included, be and the same
are hereby accepted.
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 Deed of Release, 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 Deed of Release, in the Office of
the Secretary of State of Missouri and in the Office of the Recorder of Deeds
of Clay and Platte 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.
_____________________________________________
Approved
as to form and legality:
____________________________________
Mark
P. Jones
Assistant City Attorney