ORDINANCE NO. 081054
Ordinance No. 061363 that approved the plat of Pine Grove Pointe 2nd Plat and
enacting a new ordinance approving the plat of Pine Grove Pointe 2nd 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. (SD0841F)
WHEREAS, on January 4, 2007, the City Council passed Ordinance No. 061363 approving the plat of Pine
Grove Pointe 2nd Plat; 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 a new plat must be submitted to the
city plan commission and city council; and
WHEREAS, the Ordinance
approving the final plat of Pine Grove Pointe 2nd Plat became effective on January 14, 2007, and the plat must be recorded by January 14, 2009, or a new plat must be submitted pursuant to section 66-45(f); and
WHEREAS, the developer
mortgaged the property to finance its development; and
WHEREAS, the developer is
required by the mortgage to obtain the lenders consent in order to record the
WHEREAS, the lending
institution is currently in receivership; and
WHEREAS, the developer will
be unable to obtain the lenders consent to record the plat until the
receivership has been resolved; and
WHEREAS, the City Council now
desires to repeal Ordinance No. 061363 and pass a new Ordinance that approves
the plat in order to allow the developer an additional two years to obtain the
consent from the lender to record the plats; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL
OF KANSAS CITY:
1. That Ordinance No. 061363 passed by Council on January 4, 2007, is hereby repealed.
2. That the plat of Pine Grove Pointe 2nd 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 Detention
Facility and BMP Agreement, to be in a form substantially as that attached
hereto as Exhibit A 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
file copies of this ordinance, together with the documents described herein and
all other relevant documents, when the plat has been released for recording,
together with the Covenant to Maintain Storm Water Detention Facility and BMP
Agreement, 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
Assistant City Attorney