ORDINANCE NO. 080865
Authorizing the Director of City
Development to enter into an Assignment and Assumption Agreement for two
temporary construction easements for the plat of Air World Twenty-Seventh Plat
and authorizing the City Clerk to record this ordinance and attached documents.
WHEREAS,
Developer/Assignor has an interest in certain
real estate generally located on the west side of N. Ambassador Dr. between
N.W. 110th Street and N.W. 112th Street in Kansas City, Platte County, Missouri, (Property),
more specifically described in Exhibit "A"
of the Assignment and Assumption Agreement, in a form substantially in
conformance as attached hereto and incorporated herein by reference; and
WHEREAS,
Developer/Assignor intends to cause the
Property to be platted as the plat of Air World
Twenty-Seventh Plat (Plat), in
accordance with Chapter 66, Code of Ordinances of the City of Kansas City,
Missouri; and
WHEREAS, in
conjunction with the Plat, the Developer/Assignor intends
to extend a public sanitary sewer from the south in the N. Ambassador
Dr. right-of-way across the frontage of two adjacent parcels and in an easement
across the Plat frontage pursuant to the approved plan File No. 2007-105 in the
office of the Director of City Development; and
WHEREAS, to
facilitate construction of the public sanitary sewer extension, the
Developer/Assignor obtained two private temporary construction easements (Easements)
in the name of the Developer/Assignor from the two adjacent property owners,
KCI Partners, LLC, and Murphy Properties, LLP, (Adjacent Owners); and
WHEREAS, said
temporary construction easements are evidenced in the Platte County Recorders
Office at Book 1125, Page 0792 and Book 1125, Page 0793, respectively, as described
in Exhibit B of the Assignment and Assumption Agreement attached hereto and
incorporated herein by reference; and
WHEREAS, in the
event the permittee is found in default of the permit conditions (Default),
the private temporary construction easements must automatically be assigned from
the Developer/Assignor to the City/Assignee or City/Assignees designee; NOW,
THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That the
Director of City Development is hereby authorized to enter into an Assignment
and Assumption Agreement for two temporary construction easements for the plat
of Air World Twenty-Seventh Plath.
Section 2. That
the City Clerk is hereby directed to record copies of this ordinance, together
with the Assignment and Assumption Agreement in the Office of the Recorder of
Deeds of Jackson County, Missouri.
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Approved as to form and legality:
___________________________________
Sarah Baxter
Assistant City Attorney