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Legislation #: 070031 Introduction Date: 1/4/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating a portion of Pershing Road at vacated Broadway, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1464-V)

Legislation History
DateMinutesDescription
1/4/2007 Filed by the Clerk's office
1/4/2007 Referred to Planning, Zoning & Economic Development Committee
1/10/2007 Hold On Agenda (1/31/2007)
1/31/2007 Advance and Do Pass as a Committee Substitute, Debate
2/1/2007 Passed as Substituted

View Attachments
FileTypeSizeDescription
070031.pdf Recorded Info 804K Recorded Ordinance
070031.pdf Authenticated 185K Authenticated
C001464V_STAFFRPT06_01_04.doc Staff Report 38K Staff Report
C001464V_FACTSHT.xls Fact Sheet 59K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070031

 

Vacating a portion of Pershing Road at vacated Broadway, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1464-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 1st day of June, 2004, a petition was filed with the City Clerk of Kansas City by The Dakota, L. L. C., for the vacation of Pershing Road lying below an elevation of 62.00 feet (City of Kansas City, Missouri datum) described as follows: Beginning at the southeast corner of Lot 9, Block C, Jamesons Subdivision, thence N 02 25 36 E along the east line of Lots 8 and 9, said Block C a distance of 36.39 feet to the intersection of the east line of said Lot 8 with the north right of way line of Pershing Road as established by Ordinance Number 37009; thence S 87 27 19 E along said north right of way line a distance of 79.72 feet to the northerly prolongation of the west face of an existing bridge abutment; thence S 02 23 55 W along said west face and its northerly prolongation a distance of 112.47 feet; thence N 87 45 24 W continuing along said west face a distance of 76.34 feet; thence S 02 14 36 W continuing along said west face a distance of 23.52 feet to the easterly prolongation of the south right of way line of Pershing Road as established by Ordinance Number 37009; thence N 87 23 31 W along said south right of way line and its easterly prolongation a distance of 133.99 feet; thence N 02 36 29 E a distance of 100.00 feet to the southwest corner of said Lot 9; thence S 87 23 31 E along the south line of said Lot 9 a distance of 130.17 feet to the point of beginning, all in Sections 7 and 8, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, giving the distinct description of the road 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 road 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 Pershing Road lying below an elevation of 62.00 feet (City of Kansas City, Missouri datum) described as follows: Beginning at the southeast corner of Lot 9, Block C, Jamesons Subdivision, thence N 02 25 36 E along the east line of Lots 8 and 9, said Block C a distance of 36.39 feet to the intersection of the east line of said Lot 8 with the north right of way line of Pershing Road as established by Ordinance Number 37009; thence S 87 27 19 E along said north right of way line a distance of 79.72 feet to the northerly prolongation of the west face of an existing bridge abutment; thence S 02 23 55 W along said west face and its northerly prolongation a distance of 112.47 feet; thence N 87 45 24 W continuing along said west face a distance of 76.34 feet; thence S 02 14 36 W continuing along said west face a distance of 23.52 feet to the easterly prolongation of the south right of way line of Pershing Road as established by Ordinance Number 37009; thence N 87 23 31 W along said south right of way line and its easterly prolongation a distance of 133.99 feet; thence N 02 36 29 E a distance of 100.00 feet to the southwest corner of said Lot 9; thence S 87 23 31 E along the south line of said Lot 9 a distance of 130.17 feet to the point of beginning, all in Sections 7 and 8, 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. The City of Kansas City also expressly reserves an easement and the right, without limitation or liability, to construct, reconstruct, relocate, remove, maintain, alter or otherwise establish upon the above-described property any improvement necessary for the maintenance, preservation and/or operation of the Pershing Road Viaduct.

 


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