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Legislation #: 120834 Introduction Date: 9/20/2012
Type: Ordinance Effective Date: 10/21/2012
Sponsor: None
Title: Vacating the north-south and east-west alleys adjacent Block 2, Coates _ Hopkins 2nd Addition, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1661-V)

Legislation History
DateMinutesDescription
9/19/2012 Filed by the Clerk's office
9/20/2012 Referred to Planning, Zoning & Economic Development Committee
10/10/2012 Advance and Do Pass, Consent
10/11/2012 Passed

View Attachments
FileTypeSizeDescription
120834 Recorded Documents.pdf Recorded Info 644K Recorded Documents
120834 Related Documents.pdf Related Documents 868K Related Documents
120834.pdf Authenticated 2800K Authenticated and Not Recorded
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120834 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120834
120834 Fact Sheet.xls Fact Sheet 87K Fact Sheet
C001661V_STAFFRPT09_04_12.doc Staff Report 506K Staff Report

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ORDINANCE NO. 120834

 

Vacating the north-south and east-west alleys adjacent Block 2, Coates & Hopkins 2nd Addition, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1661-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 20th day of August, 2012, a petition was filed with the City Clerk of Kansas City by Anthony and Christine Baldin for the vacation of the north-south alley west of and adjacent Block 2, Coates and Hopkins 2nd Addition from its northerly terminus as now established, said terminus being the south right of way line of Forester Road as now established, south to the north line of Block 6, Coates and Hopkins 2nd Addition, and the east-west alley south of and adjacent said Block 2, from the southerly projection of the east line of said north-south alley east to its terminus as now established, said terminus being a line beginning on the south line of said Block 2 to at a point 56.58 feet northeasterly of the southwest corner of said Block 2 and extending southeasterly from and perpendicular to said south line of said Block 2, all in Section 6, 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 west of and adjacent Block 2, Coates and Hopkins 2nd Addition from its northerly terminus as now established, said terminus being the south right of way line of Forester Road as now established, south to the north line of Block 6, Coates and Hopkins 2nd Addition, and the east-west alley south of and adjacent said Block 2, from the southerly projection of the east line of said north-south alley east to its terminus as now established, said terminus being a line beginning on the south line of said Block 2 to at a point 56.58 feet northeasterly of the southwest corner of said Block 2 and extending southeasterly from and perpendicular to said south line of said Block 2, all in Section 6, 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.

 

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

 

 

____________________________________

Diane Binckley, Secretary

 

STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

On the _____ day of ___________________, 20___, 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 _________________________, 20____.

 

____________________________________

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. 20____, 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