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Legislation #: 100398 Introduction Date: 5/6/2010
Type: Ordinance Effective Date: 5/23/2010
Sponsor: COUNCILMEMBER SHARP AND COUNCILMEMBER JOLLY
Title: Waiving certain requirements of Section 66-44, Code of Ordinances, in connection with the final plat of NNSA National Security Campus, an addition in Jackson County, Missouri, and directing the City Clerk to record this ordinance. (SD1414)

Legislation History
DateMinutesDescription
5/6/2010 Filed by the Clerk's office
5/6/2010 Referred to Planning and Zoning Committee
5/12/2010 Advance and Do Pass, Debate
5/13/2010 Passed

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ORDINANCE NO. 100398

 

Waiving certain requirements of Section 66-44, Code of Ordinances, in connection with the final plat of NNSA National Security Campus, an addition in Jackson County, Missouri, and directing the City Clerk to record this ordinance. (SD1414)

 

WHEREAS, Council passed Ordinance No. 090569 approving the plat of NNSA National Security Campus on July 23, 2009; and

 

WHEREAS, Ordinance No. 090569 provides 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; and

 

WHEREAS, Section 66-44(c)(4), Code of Ordinances, requires that all final plats be accompanied by documentation releasing any dedicated rights-of-way from, and subordinating any deeds of trust to, any building lines and easements shown on the plat; and

 

WHEREAS, Section 66-44(c)(5), Code of Ordinances, requires that all final plats be accompanied by documentation subordinating any existing easements that are in conflict with proposed rights-of-way; and

 

WHEREAS, the Bank of Nova Scotia is the owner and holder of a note evidencing the debt secured by the deed of trust executed by the Kansas City Southern Railway Company, dated and recorded in the office of the Recorder of Deeds for Jackson County, Missouri, as Document No. 2002K0071275; and

 

WHEREAS, Magellan Pipeline Company is the owner of existing easement rights by virtue of a certain right-of-way and easement agreement recorded in the office of the Recorder of Deeds for Jackson County, Missouri, as Document No. B-497458 in Book B-5742 at Page 615 and assigned by the instrument recorded in Jackson County, Missouri, as Document No. B-546034 in Book B-5881 at Page 15; and

 

WHEREAS, the existing easement held by the Magellan Pipeline Company is in conflict with the area dedicated on the plat by developer as additional right-of-way for Botts Road; and

 

WHEREAS, Council believes that the City’s interest in the dedicated rights-of-way, building lines and easements shown on the final plat of NNSA National Security Campus will not be adversely affected by the waiver of the requirements of Section 66-44(c)(4) and (5), Code of Ordinances; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The requirement of Section 66-44(c)(4), Code of Ordinances, requiring that all final plats be accompanied by documentation releasing any dedicated rights-of-way from, and subordinating any deeds of trust to, any building lines and easements shown on the plat is hereby waived with respect to the deed of trust held by the Bank of Nova Scotia as shown in the owners certificate for the plat of NNSA National Security Campus, an addition in Jackson County, Missouri.

 

Section 2. The requirement of Section 66-44(c)(5), Code of Ordinances, requiring that all final plats be accompanied by documentation subordinating any existing easements that are in conflict with proposed rights-of-way is hereby waived with respect to the existing easement held by the Magellan Pipeline Company shown on the plat of NNSA National Security Campus, an addition in Jackson County, Missouri.

 

Section 3. That the City Clerk is hereby directed to record copies of this ordinance in the Office of the Recorder of Deeds of Jackson County, Missouri.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Sarah Baxter

Assistant City Attorney