ORDINANCE NO. 060590

Vacating a portion of N.E. 77th Terrace, east of N. Spruce Avenue, Kansas City, Clay County, Missouri and directing the City Clerk to record certain documents. (1523-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 28th day of April, 2006, a petition was filed with the City Clerk of Kansas City by Pulte Homes of Greater Kansas City, Inc., for the vacation of all that part of the existing right-of-way of N.E. 77th Terrace, platted as Locust Street with the Plat of the Town Of Acme Springs, more particularly described as follows: Commencing at the Southwest Corner of said Northwest Quarter; Thence North 0040'26" East, along the West line of said Northwest Quarter, a distance of 729.93 feet; thence departing said West line, South 8909'44" East, along a line running parallel with the South line of said Northwest Quarter, a distance of 488.99 feet to a point on the North line of said existing right-of-way, said point being the point of beginning; thence South 890942" East, a distance of 281.67 feet; thence South 0040'26" West, a distance of 27.00 feet; thence North 8909'42" West, a distance of 266.71 feet to a point of curve; thence along a curve to the right, having a radius of 15.00 feet, an arc distance of 23.52 feet to a point of tangency; thence North 0040'26" East, a distance of 12.04 feet to the point of beginning, and all utility easements over, under, across and along said street, all in Section 17, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri, giving the distinct description of the right-of-way 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 a period of 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 right-of-way 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 all that part of the existing right-of-way of N.E. 77th Terrace, platted as Locust Street with the Plat of the Town Of Acme Springs, more particularly described as follows: Commencing at the Southwest Corner of said Northwest Quarter; Thence North 0040'26" East, along the West line of said Northwest Quarter, a distance of 729.93 feet; thence departing said West line, South 8909'44" East, along a line running parallel with the South line of said Northwest Quarter, a distance of 488.99 feet to a point on the North line of said existing right-of-way, said point being the point of beginning; thence South 890942" East, a distance of 281.67 feet; thence South 0040'26" West, a distance of 27.00 feet; thence North 8909'42" West, a distance of 266.71 feet to a point of curve; thence along a curve to the right, having a radius of 15.00 feet, an arc distance of 23.52 feet to a point of tangency; thence North 0040'26" East, a distance of 12.04 feet to the point of beginning, and all utility easements over, under, across and along said street, all in Section 17, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri, be and the same is hereby vacated.

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.

Section 6. That the deed in Kansas City, Clay County which appears of record as Instrument No. 2006004887, Book 5281, page 137 as described in Exhibit A, which is attached hereto and incorporated herein by reference, recorded in the office of the Recorder of Deeds for Clay County, Missouri, is hereby accepted.

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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