ORDINANCE NO. 100329
Repealing Ordinance No. 080387
that approved the plat of Kellybrook Elementary and enacting a new ordinance
approving the plat of Kellybrook Elementary, an addition in Clay County,
Missouri; accepting various easements and a certain deed; establishing grades
on public ways; authorizing the Director of City Development to execute and/or
accept certain agreements; authorizing the Director of Public Works to execute
an agreement; and authorizing the City Clerk to record this ordinance and
attached agreements. (SD0965C)
WHEREAS, on May 29,
2008, the City Council passed Ordinance No. 080387 approving the plat of
Kellybrook Elementary; 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 Kellybrook Elementary became effective on
June 8, 2008, and the plat must be recorded by June 8, 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 has not pulled all the permits for the completion of the
improvements, and 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. 080387 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.
Repealing Ordinance No. 080387 passed May 29, 2008, that approved the plat of
Kellybrook Elementary.
Section 2. That
the plat of Kellybrook Elementary, a subdivision in Clay County, Missouri; a
true 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 and a deed 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:
1. Storm
Drainage Easement by Star Development, Instrument 2008006771, Book 5918, page
40.
2. Storm
Drainage Easement by Star Development, Instrument 2008006770, Book 5918, page
39.
3. Storm
Drainage Easement by Star Development, Instrument 2008006769, Book 5918, page
38.
4. Storm
Drainage Easement by Star Development, Instrument 2008006768, Book 5918, page
37.
5. Storm
Drainage Easement by Star Development, Instrument 2008006767, Book 5918, page
36.
6. Storm
Drainage Easement by Star Development, Instrument 2008006766, Book 5918, page
35.
7. Temporary
Easement by Star Development, Instrument 2008006773, Book 5918, page 42.
8. General
Warranty Deed by Star Development, Instrument 2008006772, Book 5918, page 41.
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 Public Works is hereby
authorized to execute a Cooperative Agreement for Installation of Traffic
Signal, 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, 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