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Legislation #: 971017 Introduction Date: 7/17/1997
Type: Ordinance Effective Date: 8/3/1997
Sponsor: None
Title: Approving the plat of Glen Oaks Plat 3B, an addition in Kansas City, Jackson County, Missouri; accepting various easements; establishing grades on public ways; granting permission to William J. and Mary H. Friend to install and maintain a private force main sanitary sewer just outside the right-of-way of 54th Terrace; and authorizing the City Clerk to file this ordinance.

Legislation History
DateMinutesDescription
7/17/1997

Prepare to Introduce

7/17/1997

Referred Planning, Zoning & Economic Development Committee

7/23/1997

Advance and Do Pass

7/24/1997

Passed


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ORDINANCE NO. 971017

 

Approving the plat of Glen Oaks Plat 3B, an addition in Kansas City, Jackson County, Missouri; accepting various easements; establishing grades on public ways; granting permission to William J. and Mary H. Friend to install and maintain a private force main sanitary sewer just outside the right-of-way of 54th Terrace; and authorizing the City Clerk to file this ordinance.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the plat of Glen Oaks Plat 3B, a subdivision in Kansas City, Jackson County, Missouri, a true and correct copy of which is attached hereto and incorporated herein by reference is hereby approved.

 

Section 2. 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 3. 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 curbs between such adjacent grade points, the elevations of which are therein given, in feet above the City Directrix.

 

Section 4. That permission is hereby given to William J. and Mary H. Friend, as owner and permittee, to install a private force main sanitary sewer eighty-five (85) feet west of Parker Avenue just outside the south right-of-way line of 54th Terrace easterly six hundred fifty (650) feet.

 

Section 5. That all material, design and method of construction shall be in accordance with the plans and specifications approved by the City Engineer and identified as Public Works File No. 1997-156.

 

Section 6. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction, the permittee shall keep in force a policy of liability insurance in an amount not less than that required by Chapter 64 of the Code of Ordinances. In the event that the insurance requirements of Chapter 64 of the Code of Ordinances are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified requirements.

 

Section 7. That the maintenance of the sanitary sewer force main system is the sole responsibility of the Homeowners Association. The City of Kansas City, Missouri, and any of its departments or agencies, including but not limited to Water Services and Public Works, will have no duty or responsibility whatsoever towards the maintenance and upkeep of said system in regards to all portions of the sanitary sewer force main system main line. If the Homeowners Association fails to either maintain or repair the encroachments as herein provided, then the City may remove them without notice. Upon removal, title to all materials which have been removed shall vest in the City so that they can be disposed of for scrap with the proceeds going to Kansas City as compensation for the cost of removal.

 

Section 8. That the permission herein given shall not be construed as a permit and not a grant and may be revoked by the Council at its discretion; upon revocation, the permittee or the owner of the property at the time of the revocation shall cause the removal and the restoration of the area without expense to the City.

 

Section 9. That the City Clerk is hereby directed to file a copy of this ordinance in the Office of the Recorder of Deeds of Jackson County, Missouri together with all other relevant documents.

 

Section 10. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

 

Recommended for approval this ____ day of _____________, 1997.

 

_____________________________________________

 

Approved as to form and legality:

 

 

____________________________________

Assistant City Attorney