COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050339

Approving the plat of Crooked Creek Apartments-Second Plat, an addition in Kansas City, Clay County, Missouri; accepting and releasing various easements; accepting various agreements; authorizing the Director of Public Works to execute a certain agreement; 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 Crooked Creek Apartments-Second Plat, 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 all right, title and interest in two (2) storm sewer easements recorded under Document No. Q48850 in Book 3329 at Page 719 and Document No. S97167 in Book 4775 at Page 976, be and the same are hereby released to the respective owners, their successors or assigns.

Section 4. That the Director of Public Works is hereby authorized to accept a Subordination of Deed of Trust and a Subordination of Second Deed of Trust, to be in a form substantially as that attached hereto as Exhibits A and B and incorporated herein by reference.

Section 5. That the Director of Public Works is hereby authorized to execute a Contribution Agreement for Regional Storm Water Management Facility, to be in a form substantially as that attached hereto as Exhibit C and incorporated herein by reference.

Section 6. That the City Clerk is hereby directed to file copies of this ordinance, together with the Subordination of Deed of Trust, the Subordination of Second Deed of Trust and the Contribution Agreement for Regional Storm Water Management Facility, in the Office of the Secretary of State of Missouri and in the Office of the Recorder of Deeds of Clay County, Missouri together with all other relevant documents.

Section 7. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

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Approved as to form and legality:

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Mark P. Jones, P.E.

Assistant City Attorney