ORDINANCE NO. 940167
Vacating 34th Street from the west line of West Coleman
Road to the west line of Lots 267 and 268, "Coleman Highlands", all
in Section 18, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The Council of Kansas City does hereby
find and declare that on the 9th day of November, 1993, a petition was filed
with the City Clerk of Kansas City by Sandra L. Rossi, Now Kizer & Wilson
Geoffrey Weed for the vacation of 34th Street from the west line of West
Coleman Road to the west line of Lots 267 and 268, "Coleman
Highlands", all in Section 18, Township 49 North, Range 33 West, 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 34th Street from the west line of
West Coleman Road to the west line of Lots 267 and 268, "Coleman
Highlands", all in Section 18, 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:
____________________________________
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