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Legislation #: 080489 Introduction Date: 5/15/2008
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
5/12/2008 Filed by the Clerk's office
5/15/2008 Referred to Planning and Zoning Committee
6/4/2008 Do Pass as a Committee Substitute
6/5/2008 Assigned Third Read Calendar as Substituted
6/12/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080489 Recorded Documents.pdf Recorded Info 668K Recorded Information
080489.pdf Authenticated 149K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080489 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080489
080489 Affidavit of Publication.pdf Other 37K Affidavit of Publication
080489 Mailing List.pdf Plan Mailing List 200K Mail List
080489 Docket Maps.pdf Maps 90K Document Maps
Adv. 060408 No. 2.pdf Advertise Notice 8K Advertise Notice
C001569V_FACTSHT.xls Fact Sheet 60K Fact Sheet
C001569V_STAFFRPT12_04_07.doc Staff Report 50K Staff Report

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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