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ORDINANCE NO. 040969
Vacating
Bell Street between Bi-State Drive on the north and south, 27th Street from
Bell to the state line, Kansas City, Jackson County, Missouri, and directing
the City Clerk to record certain documents. (1483-V)
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. The Council of Kansas City does hereby find and declare that on the 17th
day of August, 2004, a petition was filed with the City Clerk of Kansas City by
Greystone Heights Redevelopment Corporation, for the vacation of Bell Street
from the north line of Bi-State Drive to a line drawn between the northeast
corner of Lot 009 and the northwest corner of Lot 005, Cambridge Terraces
Missouri, and 27th Street from the west line of Bell Street to the
Missouri-Kansas state line, all in Section 18, Township 49 North, Range 33
West, Kansas City, Jackson County, Missouri, giving the distinct description of
the streets to be vacated, and also the names of the persons and corporations
owning or claiming to own the property fronting thereon, and that due notice of
the pendency of said petition has been given for twenty (20) days in the newspaper
doing the city printing, and that the consent of the persons and corporations
owning or claiming to own three-fourths of the front feet of the property
immediately adjoining said streets has been obtained in writing, that said
consent has been acknowledged as deeds are acknowledged, and was duly filed
with the petition for such vacation in the City Clerk's Office.
Section
2. That the Council finds that the City Plan Commission has duly endorsed its
approval of this Ordinance hereon.
Section
3. That Bell Street from the north line of Bi-State Drive to a line drawn
between the northeast corner of Lot 009 and the northwest corner of Lot 005,
Cambridge Terraces Missouri, and 27th Street from the west line of Bell Street
to the Missouri-Kansas state line, all in Section 18, Township 49 North, Range
33 West, Kansas City, Jackson County, Missouri, be and the same is hereby
vacated. However, the City of Kansas City reserves an easement and the right
to locate, construct and maintain (or to authorize any franchised utility to
locate, construct and maintain) conduits, water, gas and sewer pipes, poles and
wire, or any of them over, under, along and across the above-described
property. The City of Kansas City shall have at all times the right to go upon
the above-described property to construct, maintain and repair the same; and
nothing in this vacation action shall be construed so as to grant any right to
use the above-described property in any manner
as would interfere with the
construction or reconstruction and proper, safe and continuous maintenance of
the aforesaid uses, and specifically, there shall not be built thereon or
thereover any structure (except driveways, paved areas, grass, shrubs and fences)
without first securing the written approval of the Director of Public Works.
Section 4. That
the City Clerk of Kansas City, Missouri, be and she is hereby authorized and
directed to acknowledge this ordinance as deeds are acknowledged, and to cause
this ordinance and the consent of property owners hereinbefore referred to, to
be filed for record in the Recorder's Office in Jackson County, Missouri.
Section 5. All
Ordinances or parts of Ordinances in conflict with this Ordinance are, in so
much as they conflict with this Ordinance, hereby repealed.
_____________________________________________
Approved
as to form and legality:
____________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney
Approved
by the City Plan Commission
____________________________________
Charles
Myers, Chairman
STATE OF MISSOURI )
)
ss.
COUNTY OF ________ )
On the _________
day of ______________________, 200__, before me, a Notary Public in and for
said County, personally appeared
_______________________________________________ to me known to be the City
Clerk of Kansas City, Missouri, in the above and foregoing ordinance mentioned,
and acknowledged the said ordinance to be the act and deed of said Kansas City,
duly passed by the Council of said City, and became effective as herein stated.
In Testimony
Whereof, I have hereunto set my hand and affixed my official seal at my office in
Kansas City, Missouri, the day and year first above written.
My term expires
_________________________, 200___.
____________________________________
Notary
Public within and for
County, Missouri
IN RECORDER'S OFFICE
STATE OF MISSOURI )
) ss.
COUNTY OF _________ )
I, the
undersigned, Recorder of Deeds within and for the County aforesaid, do hereby
certify that the foregoing instrument of writing was on the ______ day of _____________________,
A.D. 200___, at ________ o'clock _______ minutes M., duly filed for record in
this office, and with certificate of acknowledgment thereon endorsed, is
recorded in the records of this office in Book _______________________, at page
___________.
In Testimony
Whereof, I hereunto set my hand and affix the seal of said office at Kansas
City, Missouri, this day and year last aforesaid.
____________________________________
Recorder
By__________________________________
Deputy