ORDINANCE NO. 061042

Vacating a portion of N.E. 96th Street, including utility easements therein, south of realigned N.E. 96th Street in Benson Place Detention Tract, Kansas City, Clay County, Missouri and directing the City Clerk to record certain documents. (1469-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 24th day of August, 2006, a petition was filed with the City Clerk of Kansas City by Hunt Midwest Real Estate Development, Inc. for the vacation of all that portion of N.E. 96th Street in Section 34, Township 52 North, Range 32 West lying south of a line drawn 50 feet parallel to and south of the centerline of realigned N.E. 96th Street as dedicated by the plat of Benson Place Detention Tract, a subdivision in Kansas City, Clay County, Missouri, and all utility easements over, under, across and along said street, giving the distinct description of the street 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 street 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 a portion of N.E. 96th Street in Section 34, Township 52 North, Range 32 West lying south of a line drawn 50 feet parallel to and south of the centerline of realigned N.E. 96th Street as dedicated by the plat of Benson Place Detention Tract, a subdivision in Kansas City, Clay County, Missouri, and all utility easements over, under, across and along said street, 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 Clay 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.

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Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney

Approved by the City Plan Commission

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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.

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Recorder

By_________________________________

Deputy