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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