ORDINANCE NO. 120479
Vacating the north-south and
east-west alleys south of 12th Street east of Virginia Avenue, Kansas City,
Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents.
(1575-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 17th day of April,
2012, a petition was filed with the City Clerk of Kansas City by Boone
Tabernacle Church of God In Christ for the vacation of the east-west alley next
south of E. 12th Street from the east line of Virginia Avenue to the west line
of Lydia Avenue, and the north-south alley next east of Virginia Avenue from
the south line of said east-west alley to the north line of E. 13th Street, all
in Section 4, 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
east-west alley next south of E. 12th Street from the east line of Virginia
Avenue to the west line of Lydia Avenue, and the north-south alley next east of
Virginia Avenue from the south line of said east-west alley to the north line
of E. 13th Street, all in Section 4, 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