ORDINANCE NO. 900552
Vacating 19th St. Terrace from a point 854.6 feet east of
the east line of Woodland Avenue to the west line of Brooklyn Avenue, and all
utility easements over, under, along and across said street, except for a
sanitary sewer easement, all in Kansas City, Jackson County, Missouri. (Case
No. 965-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 5th day of July, 1990, a petition was filed
with the City Clerk of Kansas City by Robert E. Spence for the vacation of 19th
St. Terrace from a point 854.6 feet east of the east line of Woodland Avenue to
the west line of Brooklyn Avenue, and all utility easements over, under, along
and across said street, except for a twenty foot wide sanitary sewer easement
lying ten feet on each side of the centerline of the existing sanitary sewer,
described as follows: Commencing at the Northeast corner of Lot 4, "Ridge
Heights", thence east 20 feet to the centerline of Garfield Avenue, thence
north on said centerline to the north line of 19th Street, all in Kansas City,
Jackson County, Missouri, 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 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 19th St. Terrace from a point
854.6 feet east of the east line of Woodland Avenue to the west line of
Brooklyn Avenue, and all utility easements over, under, along and across said
street, except for a twenty foot wide sanitary sewer easement lying ten feet on
each side of the centerline of the existing sanitary sewer, described as
follows: Commencing at the Northeast corner of Lot 4, "Ridge
Heights", thence east 20 feet to the centerline of Garfield Avenue, thence
north on said centerline to the north line of 19th Street, all in 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 sewer pipes, 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 sewer 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 sewer easement in any manner as
would interfere with the construction or reconstruction and proper, safe and
continuous maintenance of the aforesaid use, 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 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 Ordinance 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:
____________________________________
Assistant City Attorney
STATE OF MISSOURI ) ) ss.
COUNTY OF ________ )
On the _________ day of ______________________,
19___, 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 _________________________, 19____.
____________________________________
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. 19____, at
________ o'clock _______ minutes M., duly filed for record in this office, and
with certificate of acknowledgement 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