ORDINANCE NO. 060102
Approving the plat of The Plaza @
Shoal Creek, an addition in Kansas City, Clay County, Missouri; accepting and
releasing various easements; establishing grades on public ways; authorizing
the Director of Public Works to execute certain agreements; and authorizing the
City Clerk to file this ordinance and attached agreements.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the plat of The Plaza @ Shoal Creek,
a subdivision in Kansas City, Clay 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 various easements in Kansas City, Clay
County, executed by the following persons, and which appear of record as the
instrument number, and respective book and page numbers are hereby accepted for
the purposes stated thereof:
1.
Standard
sewer easement by Zions Securities Corporation, Instrument No. 2005055293, Book
5205, Page 63.
2.
Storm
drainage easement by Zions Securities Corporation, Instrument No. 2005023192,
Book 5007, Page 124.
3.
Storm
drainage easement by Zions Securities Corporation, Instrument No. 2005023191,
Book 5007, Page 123.
4.
Storm
drainage easement by Zions Securities Corporation, Instrument No. 2005023190,
Book 5007, Page 122.
5.
Storm
drainage easement by Zions Securities Corporation, Instrument No. 2005023189,
Book 5007, Page 121.
6.
Storm
drainage easement by Zions Securities Corporation, Instrument No. 2005023193,
Book 5007, Page 125.
7.
Standard
sewer easement by Zions Securities Corporation, Instrument No. 2005023196, Book
5007, Page 128.
8.
Standard
sewer easement by Zions Securities Corporation, Instrument No. 2005023195, Book
5007, Page 127.
9.
Standard
sewer easement by Zions Securities Corporation, Instrument No. 2005023194, Book
5007, Page 126.
Section 4. That all right, title and interest in the
following recorded easement, be and the same is hereby released to the
respective owners, their successors or assigns, over that part of aforesaid
easement under the following:
1.
Slope
easement, Book 3202, Page 107.
Section 5. 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 6. That the Director of Public Works is
hereby authorized to execute a Covenant to Maintain Storm Water Detention
Facility Agreement, an Agreement to Maintain Decorative Lights in Public Right
of Way, a Deferral Agreement for Drive Entry Modifications The Plaza @ Shoal
Creek, a Deferral Agreement for Sidewalks Along Highway 152 The Plaza @ Shoal
Creek, and a Subordination of License or Easement Agreement with Kansas City Power
& Light Company, to be in a form substantially as that attached hereto as
Exhibits A, B, C, D and E and incorporated herein by reference.
Section 7. That the City Clerk is hereby directed to
file copies of this ordinance, together with the Covenant to Maintain Storm
Water Detention Facility Agreement, an Agreement to Maintain Decorative Lights
in Public Right of Way, a Deferral Agreement for Drive Entry Modifications The
Plaza @ Shoal Creek, a Deferral Agreement for Sidewalks Along Highway 152 The
Plaza @ Shoal Creek and a Subordination of License or Easement Agreement with
Kansas City Power & Light Company, in the Office of the Recorder of Deeds
of Clay County, Missouri together with all other relevant documents.
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:
____________________________________
Mark
P. Jones
Assistant City Attorney