COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 120428
Vacating the north-south alley
east of Oak Street and south of 13th Street, in Kansas City, Jackson County,
Missouri; retaining a utility easement; and directing the City Clerk to record
certain documents. (1653-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 April,
2012, a petition was filed with the City Clerk of Kansas City by Interstate
Building LLC, for the vacation of the north-south alley next east of Oak Street
from the south line of E. 13th Street as now established to the north line of
the east-west alley next south of E. 13th Street, all in Section 5, Township 49
North, Range 33 West, Kansas City, Jackson County, Missouri, giving the
distinct description of the alley 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 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 alley 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 the
Council finds that no private rights will be unreasonably injured or endangered
by this vacation and that the public will suffer no unreasonable loss or
inconvenience thereby.
Section 4. That the
north-south alley next east of Oak Street from the south line of E. 13th Street
as now established to the north line of the east-west alley next south of E.
13th Street, all in Section 5, 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 5. 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 6. 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
____________________________________
Diane
Binckley, Secretary
STATE OF MISSOURI )
)
ss.
COUNTY OF ________ )
On the _____ day of
___________________, 20___, 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
_________________________, 20____.
____________________________________
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. 20____, 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