COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 051052
Vacating the north-south alley
east of Charlotte Street north of 24th Terrace, and directing the
City Clerk to record certain documents. (1496-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 20th day of
June, 2005, a petition was filed with the City Clerk of Kansas City by UMKC for
the vacation of the north-south alley next east of Charlotte Street from the
north line of E. 26th Terrace north to its terminus, said terminus being the
easterly projection of the north line of Lot 26, Block 2, Porter Place, all in
Section 8, 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 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 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
north-south alley next east of Charlotte Street from the north line of E. 26th
Terrace north to its terminus, said terminus being the easterly projection of
the north line of Lot 26, Block 2, Porter Place, all in Section 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.
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