COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 990067

Approving the preliminary plat of Ben-Cal Estates on approximately a 7.6 acre tract of land generally located on the east side of Troost Avenue at 86th Terrace. (SD 0852)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the preliminary plat of Ben Cal Estates on approximately a 7.6 acre tract of land generally located on the east side of Troost Avenue at 86th Terrace, and more specifically described as follows:

A tract of land located in the Northwest Quarter of Section 21, Township 48, Range 33, Kansas City, Jackson County, Missouri, including all of Lots 1, 2 and 3, Spoor Addition, a subdivision in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at a point 600 feet north of the southwest corner of said Northwest Quarter; thence North 8851'35" East, a distance of 59.26 feet to the westerly most southwest corner of said Lot 3, said point also being the point of beginning of the tract of land to be described; thence North 0000'04" West along the west line of said Lot 3, a distance of 176.53 feet; thence North 2148'01" East along the west line of said Lots 1 and 2, a distance of 107.71 feet; thence North 0000'04" West along the west line of said Lot 1, distance of 218.96 feet to a point on the south right of way line of Kansas City Public Service Company; thence along said south right of way line, on a curve to the right, having an initial tangent bearing of South 6913'00" East, a radius of 2573.84 feet and an arc length of 214.13 feet; thence North 6427'00" West, continuing along said south right of way, a distance of 380.63 feet to the east line of Lot 1; thence South 0003'10" East along the east line of said Lots 1 and 3, a distance of 458.70 feet to the south line of said Lot 3; thence North 8851'24" West along the south line of said Lot 3 and extensions thereof, a distance of 580.74 feet; thence North 0000'04" West, a distance of 200.00 feet to the point of beginning. Contains 331,150 square feet or 7.60 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

2. That the developer construct curbs on the east side of Troost Avenue as required by the Department of Public Works.

3. That the developer enter into a deferral agreement with the City as required by the Department of Public Works whereby the developer agrees to construct sidewalks along the east side of Troost Avenue at such time as sidewalks are constructed adjacent to the north or south of the development.

4. That the developer extend water mains as required by the Water Services Department.

5. That the developer provide for fire protection as required by the Fire Department.

6. That the developer extend sanitary sewers to serve each lot as required by the Department of Public Works.

7. That a variance of the depth to width ratio requirement of the Subdivision Regulations is hereby granted for Lot 2 as shown on the preliminary plat.

A copy of the preliminary plat is on file in the office of the City Clerk under Document No. 990067, which is attached hereto and made a part hereof.

Section B. That the Council finds and declares that before taking any action on the proposed preliminary plat hereinabove, all public notices and hearings required by the Subdivision Regulations have been given and had.

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I hereby certify that as required by Chapter 66, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney