COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080049

Vacating a ten foot wide strip of right of way on the east side of Northwestern Avenue a distance of 50 feet south of 21st Street, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents upon the satisfaction of a condition relating to pedestrian improvements. (1585-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 Levitt Enterprises, Inc., for the vacation of the east 10 feet of Northwestern Avenue from the south line of W. 21st Street to the westerly projection of the south line of Lot 2, Block 24, Goodrich Addition, and all utility easements over, under, across and along said right of way, 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 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 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 of the east 10 feet of Northwestern Avenue from the south line of W. 21st Street to the westerly projection of the south line of Lot 2, Block 24, Goodrich Addition, and all utility easements over, under, across and along said right of way, all in Section 8, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, be and the same is hereby vacated.

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; however, the City Clerk shall not record the ordinance, or release the ordinance for recording, until the Director of City Development notifies the Clerk that the following condition has been satisfied:

That the brick pavers within the westerly five feet of Northwestern Avenue be repaired for a minimum distance of 50 feet south of 21st Street so as to provide a suitable pedestrian surface, or that permits be secured to construct a new sidewalk within that area consisting of a five foot wide concrete surface, and that pedestrian protection consisting of bollards and/or planting areas (if deemed feasible by the City Forester) be installed as required by Development Services, or that the developer enter into a secured deferral agreement for the provision of same within one year of ordinance approval as required by Development Services; the agreement shall provide that the installation of the bollards may be delayed until after City reconstruction of Northwestern Avenue.

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.

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Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney

Approved by the City Plan Commission

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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.

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Recorder

By__________________________________

Deputy