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