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Legislation #: 090266 Introduction Date: 4/2/2009
Type: Ordinance Effective Date: 4/19/2009
Sponsor: COUNCILMEMBER FORD
Title: Authorizing the Director of City Development to execute a Subordination Agreement with Magellan Pipeline Company, L.P., for the plat of Kemp Estates First Plat, an addition in Clay County, Missouri; and authorizing the City Clerk to record this ordinance and attached Subordination Agreement. (SD1348)

Legislation History
DateMinutesDescription
4/2/2009 Filed by the Clerk's office
4/2/2009 Referred to Planning and Zoning Committee
4/8/2009 Advance and Do Pass as a Committee Substitute, Debate
4/9/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090266.pdf Recorded Info 138K Recorded doc
Other 0K sent to finance to record
090266.pdf Authenticated 80K AUTHENTICATED
subordination agr.pdf Advertise Notice 349K subordination agreement
fact sheet.doc Advertise Notice 55K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090266

 

Authorizing the Director of City Development to execute a Subordination Agreement with Magellan Pipeline Company, L.P., for the plat of Kemp Estates First Plat, an addition in Clay County, Missouri; and authorizing the City Clerk to record this ordinance and attached Subordination Agreement. (SD1348)

 

WHEREAS, Council passed Ordinance No. 081133 approving the plat of Kemp Estates First Plat on November 20, 2008; and

 

WHEREAS, Magellan Pipeline Company has an easement located in a portion of the area dedicated by developer as right-of-way at N.W. View Crest Drive and N. Baltimore; and

 

WHEREAS, the developer entered into an Encroachment Agreement with Magellan Pipeline Company on May 19, 2008, in which Magellan agreed to allow the developer to construct street and sidewalk improvements over Magellans easement subject to several conditions; and

 

WHEREAS, Magellan has agreed to enter into a Subordination Agreement with the City, but only if certain provisions of the Encroachment Agreement are incorporated by reference into the Subordination Agreement; and

 

WHEREAS, the Encroachment Agreement provides that at any time Magellan may remove all or portions of the street and sidewalk improvements located in the Magellan easement for any purpose, including but not limited to maintaining its existing facilities or constructing new facilities, and that if such activities result in damage or destruction of the street and sidewalk improvements, the repair or restoration of the street and sidewalk improvements shall be at the sole cost of the City; and

 

WHEREAS, Council now wishes to approve the Subordination Agreement with Magellan; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of City Development is hereby authorized to execute a Subordination Agreement with Magellan Pipeline Company, to be in a form substantially as that attached hereto as Exhibit A and incorporated herein by reference, for the plat of Kemp Estates First Plat, an addition in Clay County, Missouri.

 

Section 2. That the City Clerk is hereby directed to record copies of this ordinance, together with the Subordination Agreement, in the Office of the Recorder of Deeds of Clay County, Missouri.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney