ORDINANCE NO. 080234
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. (SD1054G)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. 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 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 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 4. 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 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 and
BMP Facility 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 and BMP Facility
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