ORDINANCE NO. 960166
Vacating the north-south alley next west of Olive Street,
from the south line of 22nd Street to the south line of Lots 4 and 25, Block 2,
"Flournoy's Addition, in 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 24th day of October, 1995, a petition was filed
with the City Clerk of Kansas City by Mt. Pleasant Missionary Baptist Church
for the vacation of the north-south alley next west of Olive Street, from the
south line of 22nd Street to the south line of Lots 4 and 25, Block 2,
"Flournoy's Addition", all in Section 9-49-33, in 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 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 north-south alley next west of
Olive Street, from the south line of 22nd Street to the south line of Lots 4
and 25, Block 2, "Flournoy's Addition", all in Section 9-49-33, in
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 and
legality:
____________________________________
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 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