SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 050505
Vacating the north-south alley east of Main Street north of 13th Street and the north-south alley west of Main Street from 13th Street to 14th Street, and directing the City Clerk to record certain documents in Jackson County. (1505-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 18th day of
March, 2005, a petition was filed with the City Clerk of Kansas City by the Tax
Increment Financing Commission of Kansas City, Missouri, for the vacation of the north-south alley next east of Main Street from the
north line of 13th Street as now established north to its terminus, said
terminus being a line drawn parallel to and 15 feet north of the south line of
Lot 54, Block 4, McGee's addition, and the north-south alley next west of Main
Street from the south line of 13th Street as now established to the north line
of 14th Street as now established, and all utility easements over, under,
across and along said alleys, all in Section 5, 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 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 alleys 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 of the north-south alley next east of Main Street from the
north line of 13th Street as now established north to its terminus, said
terminus being a line drawn parallel to and 15 feet north of the south line of
Lot 54, Block 4, McGee's addition, and the north-south alley next west of Main
Street from the south line of 13th Street as now established to the north line
of 14th Street as now established (including all utility easements over,
under, across and along the alley east of Main Street), all in Section 5,
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 in the north-south alley west of Main Street from 13th
Street to 14th Street 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 easement. The City of Kansas
City shall have at all times the right to go upon the above-described easement
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