ORDINANCE NO. 920667
Confirming the approval of the plat of Executive Hills
North, Blocks 12 & 26, a subdivision in Kansas City, Platte County,
Missouri; accepting the Declaration of Reaffirmation and Rededication; and accepting
various easements.
WHEREAS, Executive Hills North, Inc., submitted the
plat of Executive Hills North, Blocks 12 & 26, to the City for acceptance;
and
WHEREAS, the City accepted the plat of Executive
Hills North, Blocks 12 & 26, (the "Plat") by Ordinance No. 61275
passed July 23, 1987; and
WHEREAS, subsequent to acceptance but prior to
recording of the Plat, Teachers Insurance and Annuity Association of America
("TIAA") filed a Deed of Trust covering certain real estate and
improvements constructed thereon within a portion of land encompassed by the
Plat which Deed of Trust as filed of record with the Platte County Recorder on
July 29, 1987 as Document No. 044804, Book 706, page 269 ("Deed of
Trust"); and
WHEREAS, thereafter on August 20, 1987, Executive
Hills North, Inc. then owner of Executive Hills North, Blocks 12 & 26,
caused such subdivision plat to be filed for record as Document No. 045729; and
WHEREAS, on March 17, 1988, Executive Hills North,
Inc., caused a certain certificate of survey of Lot 12A, Block 12, Executive
Hills North, Blocks 12 & 26, to be filed for record as Document No. 02385,
effecting lot split of such Lot 12A into Tract A and Tract B; and
WHEREAS, thereafter "TIAA" acquired title
to a portion of the land within said Plat by virtue of a Trustee's Deed under
power of a sale and "TIAA" desires to reaffirm and rededicate all
easements, covenants and restrictions contained within the plat of Executive
Hills North, Blocks 12 & 26, and the subsequent Certificate of Survey as
the same pertain to such property affected in order to clarify any questions as
to the applicability of said documents after such trustee's sale; NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Council hereby confirms its
approval of the plat of Executive Hills North, Blocks 12 & 26, a
subdivision of land in Kansas City, Platte County, Missouri, previously
recorded as Document No. 045729, on August 20, 1987.
Section 2. That the Declaration of Reaffirmation
and Rededication executed by "TIAA", attached hereto and incorporated
herein by reference as Exhibit "A", is hereby accepted.
Section 3. That the Aviation and Noise Easement and
the Easement for Government and Services Access, attached hereto and
incorporated herein by reference as Exhibits "B" and "C",
respectively, are hereby accepted.
Section 4. That the City Clerk is hereby directed
to cause to be filed copies of this ordinance together with the Declaration of
Reaffirmation and Rededication, Aviation and Noise Easement, and the Easement
for Government and Services Access attached hereto, in the office of the
Recorder of Deeds of Platte County, Missouri.
Section 5. That the Council has duly endorsed its
approval of this ordinance hereon.
Recommended for approval this _____ day of
____________, 1992.
_____________________________________________
Approved as to form and
legality:
___________________________________
Assistant City Attorney