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Legislation #: 170172 Introduction Date: 3/2/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating Jackson Hills Plat, Green Valley Acres Plat, Lugeanbeal’s Addition, Lots 1-4, and Lugeanbeal’s Addition, Corrected Plat and all of the right-of-ways contained within these plats, all in Section 23, Township 48 North, Range 33 West, Kansas City, Jackson County, Missouri; and directing the City Clerk to record certain documents. (1726-V)

Legislation History
DateMinutesDescription
3/2/2017 Filed by the Clerk's office
3/2/2017 Referred to Planning, Zoning & Economic Development Committee
3/8/2017 Advance and Do Pass, Debate
3/9/2017 Passed

View Attachments
FileTypeSizeDescription
170172 Rcrd Info.pdf Recorded Info 385K Recorded Info
170172 Consent Form.pdf Vacation Consent Form 1401K Required Vacation Forms
170172 Exhibit.pdf Exhibit 1331K Exhibit
170172 Staff Report.pdf Staff Report 112K Staff Report
170172 Fact Sheet.pdf Fact Sheet 222K Fact Sheet

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ORDINANCE NO. 170172

 

Vacating Jackson Hills Plat, Green Valley Acres Plat, Lugeanbeal’s Addition, Lots 1-4, and Lugeanbeal’s Addition, Corrected Plat and all of the right-of-ways contained within these plats, all in Section 23, Township 48 North, Range 33 West, Kansas City, Jackson County, Missouri; and directing the City Clerk to record certain documents. (1726-V)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council of Kansas City does hereby find and declare that on the 23rd day of February, 2016, a petition was filed with the City Clerk of Kansas City by James E. Stowers for the vacation of Jackson Hills Plat, Green Valley Acres Plat, Lugeanbeal’s Addition, Lots 1-4, and Lugeanbeal’s Addition, Corrected Plat and all of the right-of-ways contained within these plats, all in Section 23, Township 48 North, Range 33 West, Kansas City, Jackson County, Missouri, giving the distinct description of the plat to be vacated, and also the names of the persons and corporations owning or claiming to own the property within said plats, and that the consent of the persons and corporations owning or claiming to own property within said plat 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 Jackson Hills Plat, Green Valley Acres Plat, Lugeanbeal’s Addition, Lots 1-4, and Lugeanbeal’s Addition, Corrected Plat and all of the right-of-ways contained within these plats, all in Section 23, Township 48 North, Range 33 West, Kansas City, Jackson County, Missouri, be and the same is hereby vacated. However, the City of Kansas City reserves a full-width utility easement be retained over the rights-of-way being vacated through this plat, that a 30 foot wide utility easement be retained over water facilities not within the existing right-of-way, and the existing streetlight equipment in the right-of-way be removed and returned to Black and McDonald at the expense of the developer. The City of Kansas City shall have at all times the right to go upon the retained easement 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