File #: 220167    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 2/10/2022 In control: Council
On agenda: 2/17/2022 Final action: 2/17/2022
Title: Authorizing the Director of City Planning and Development to execute a termination and release of a covenant to maintain storm water detention facility for Plat of Executive Park Fifty-Seventh Plat; and directing the City Clerk to record the executed release in the Office of Recorder of Deeds for Jackson County, Missouri.
Sponsors: Katheryn Shields
Attachments: 1. No Fact Sheet, 2. Exhibit B - Release of Detention Covenant FINAL (00633323), 3. Exhibit A - Covenant - Storm Water Det facility, 4. Authenticated O)rdinance 220167, 5. 220167.Recorded Information 3.29.2022

ORDINANCE NO. 220167

 

 

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Authorizing the Director of City Planning and Development to execute a termination and release of a covenant to maintain storm water detention facility for Plat of Executive Park Fifty-Seventh Plat; and directing the City Clerk to record the executed release in the Office of Recorder of Deeds for Jackson County, Missouri.

 

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                     WHEREAS, City is the grantee and beneficiary of that certain Covenant to Maintain Storm Water Detention Facility - Plat of Executive Park Fifty-Seventh Plat, dated June 1, 2004, granted by Universal Land Development Company, L.P., a Missouri limited liability company (“Universal”) and recorded on June 7, 2004 in the Office of the Director of records for Jackson County, Missouri, as Instrument Number 2004K0037347 (the “Covenant”), attached hereto as Exhibit A and incorporated herein by reference; and

 

                     WHEREAS, the Covenant obligates Universal and its successors in title to the real estate described in the Covenant to maintain, repair and replace certain temporary area-wide storm water detention facilities to be developed on real estate described in the Covenant (the “Temporary Detention Parcel”); and

 

                     WHEREAS, the anticipated temporary storm water detention facilities were not constructed on the Temporary Detention Parcel and are no longer necessary, which renders the Covenant moot; NOW, THEREFORE;

 

                     BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of City Planning and Development is hereby authorized to execute a termination and release of a covenant to maintain storm water detention facility for Plat of Executive Park Fifty-Seventh Plat (the “Release”), to be in a form substantially as that attached hereto as Exhibit B and incorporated herein by reference.

 

Section 2. That the City Clerk is hereby directed to record the executed Release in the Office of the Recorder of Deeds of Jackson County, Missouri.

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Approved as to form and legality:

 

 

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Eluard Alegre

Assistant City Attorney