ORDINANCE NO. 060592
Vacating Santa Fe Street and
adjacent right of way north of 8th Street, Kansas City, Jackson County,
Missouri and directing the City Clerk to record certain documents. (1532-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 21st day of
April, 2006, a petition was filed with the City Clerk of Kansas City by K. C.
West Bottoms II., L. L. C., for the vacation of Santa Fe Street from the north
line of 8th Street as now established north to its terminus as now established
and any existing right of way in the 60 foot strip of land adjacent to the east
as accepted by Ordinance 38742, passed February 19, 1908, all in Section 6,
Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, 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 a
period of 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
Santa Fe Street from the north line of 8th Street as now established north to
its terminus as now established and any existing right of way in the 60 foot
strip of land adjacent to the east as accepted by Ordinance 38742, passed
February 19, 1908, 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 or
fence (except driveways, paved areas, grass, and shrubs) without first securing
the written approval of the Director of Public Works and the Director of Water
Services.
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