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Legislation #: 130840 Introduction Date: 10/24/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving the plat of Replat of Brentwood Crossing – Third Plat, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1156M)

Legislation History
DateMinutesDescription
10/24/2013 Filed by the Clerk's office
10/24/2013 Referred to Planning, Zoning & Economic Development Committee
10/30/2013 Advance and Do Pass, Consent
10/31/2013 Passed

View Attachments
FileTypeSizeDescription
130840 Rltd Info.pdf Related Documents 4028K Related Info
130840 Rcrd Info.pdf Recorded Info 2583K Recorded Info
130840.pdf Authenticated 162K Authenticated
130840 Fact Sheet.pdf Fact Sheet 887K Fact Sheet

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ORDINANCE NO. 130840

 

Approving the plat of Replat of Brentwood Crossing – Third Plat, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1156M)

 

WHEREAS, on June 20, 2013, the City Council passed Ordinance No. 130466, approving the plat of Brentwood Crossing -- Third Plat; and

 

WHEREAS, on August 12, 2013, the plat of Brentwood Crossing -- Third Plat was recorded in the Office of the Recorder of Deeds of Clay County, Missouri; and

 

WHEREAS, on August 28, 2013, without the City Council’s approval, the Developer recorded a document entitled “Corrective Plat of Brentwood Crossing – Third Plat” in the Office of the Recorder of Deeds of Clay County, Missouri; and

 

WHEREAS, Section 445.030, RSMo, requires that before a plat can be lawfully recorded, it must first be approved by the City Council, signed by the Mayor and acknowledged by the City Clerk; and

 

WHEREAS, the Corrective Plat of Brentwood Crossing – Third Plat was not lawfully recorded; and

 

WHEREAS, the developer now desires to correct this error by recording the plat of Replat of Brentwood Crossing – Third Plat; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Corrective Plat of Brentwood Crossing – Third Plat was not lawfully recorded pursuant to Section 445.030 RSMo. and, therefore, is not accepted by the City.

 

Section 2. That the plat of Replat of Brentwood Crossing – Third Plat, a subdivision in Clay County, Missouri, a true and correct 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 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 5. That the Director of City Development is hereby authorized to execute a Covenant to Maintain Storm Water BMP Facilities Agreement and a Covenant to Maintain Storm Water Detention and BMP Facilities Agreement, to be in a form substantially as that attached hereto as Exhibits A and B and incorporated herein by reference.

Section 6. 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 7. 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 8. 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