ORDINANCE NO. 040968
Vacating
a portion of 135th Street east of relocated Missouri Highway 150, and directing
the City Clerk to record certain documents. (1468-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 15th
day of June, 2004, a petition was filed with the City Clerk of Kansas City by
State Line Shops, L.L.C., for the vacation of all that part of the South 1/2 of
the Fractional Section 19, Township 47 North, Range 33 West, in Kansas City,
Jackson County, Missouri, being more particularly described as follows:
Commencing at the northeast corner of the South 1/2 of said Fractional Section
19; thence South 03E29'47" West along
the east line of the South 1/2 of said Fractional Section 19, a distance of
44.86 feet to a point on the southerly right of way of 135th Street, as now
established; thence North 84E24'53"
West along said southerly right of way a distance of 117.47 feet to the point
of beginning; thence South 67E27'38"
west along said southerly right of way a distance of 363.84 feet; thence South
58E19'06" West along
said southerly right of way a distance of 389.08 feet; thence North 30E08'50" West, a distance of 25.01
feet; thence North 58E19'06" East along a
line parallel to and 25 feet north of said right of way a distance of 389.97
feet; thence North 65E27'38" East along a
line parallel to and 25 feet north of said right of way a distance of 322.32
feet to the westerly extension of the southerly right of way of 135th Street;
thence South 84E24'53" East along
said westerly extension a distance of 49.81 feet to the point of beginning,
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 all that part of the South 1/2 of the Fractional Section 19, Township
47 North, Range 33 West, in Kansas City, Jackson County, Missouri, being more
particularly described
as follows: Commencing at the
northeast corner of the South 1/2 of said Fractional Section 19; thence South
03E29'47" West along the east line of the South 1/2
of said Fractional Section 19, a distance of 44.86 feet to a point on the
southerly right of way of 135th Street, as now established; thence North 84E24'53" West along said southerly right of way a distance of 117.47
feet to the point of beginning; thence South 67E27'38"
west along said southerly right of way a distance of 363.84 feet; thence South
58E19'06" West along said southerly right of way a
distance of 389.08 feet; thence North 30E08'50"
West, a distance of 25.01 feet; thence North 58E19'06"
East along a line parallel to and 25 feet north of said right of way a distance
of 389.97 feet; thence North 65E27'38" East along a
line parallel to and 25 feet north of said right of way a distance of 322.32
feet to the westerly extension of the southerly right of way of 135th Street;
thence South 84E24'53" East along said westerly extension a
distance of 49.81 feet to the point of beginning, 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