COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 080489
Vacating the north-south alley
and two east-west alleys east of Cherry Street south of 30th Street, Kansas City, Jackson County, Missouri, retaining a utility easement; and directing the
City Clerk to record certain documents. (1569-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 30th day of
November, 2007, a petition was filed with the City Clerk of Kansas City by
Superior Linen Supply Co., for the vacation of the north-south alley next east
of Cherry Street from the south line of 30th Street as now established south to
its terminus, said terminus being the north line of Lot 47, Springfield
Highlands, a subdivision in Kansas City, Jackson County, Missouri, and the
east-west alley next south of 30th Street from east line of Cherry Street to
west line of said north-south alley, and the east-west alley next north of 31st
Street as now established from the east line of Cherry Street to the west line
of said north-south alley, all in Section 17, 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 Cherry Street from the south line of 30th Street
as now established south to its terminus, said terminus being the north line of
Lot 47, Springfield Highlands, a subdivision in Kansas City, Jackson County,
Missouri, and the east-west alley next south of 30th Street from east line of
Cherry Street to west line of said north-south alley, and the east-west alley
next north of 31st Street as now established from the east line of Cherry
Street to the west line of said north-south alley, all in Section 17, 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; provided, however that all necessary consents from affected utilities for the existing raised
walkway must be obtained,
and a clearance memo issued by City Development prior to recording of this
ordinance.
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
____________________________________
Virginia
Walsh, Secretary
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