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Legislation #: 170077 Introduction Date: 2/2/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating unimproved City right-of-way in Platte County, Missouri; and directing the City Clerk to record said ordinance in the Office of the Recorder of Deeds for Platte County, Missouri.

Legislation History
DateMinutesDescription
1/31/2017 Filed by the Clerk's office
2/2/2017 Referred to Planning, Zoning & Economic Development Committee
2/15/2017 Hold On Agenda (2/22/2017)
2/22/2017 Advance and Do Pass, Debate
2/23/2017 Passed

View Attachments
FileTypeSizeDescription
170077 Rcrd Info.pdf Recorded Info 366K Recorded Info
170077 Map.pdf Maps 1166K Map
170077 Fact Sheet.pdf Fact Sheet 192K Fact Sheet

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ORDINANCE NO. 170077

 

Vacating unimproved City right-of-way in Platte County, Missouri; and directing the City Clerk to record said ordinance in the Office of the Recorder of Deeds for Platte County, Missouri.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council of Kansas City does hereby find that the Director of the Department of Public Works has declared certain City right-of-way to be unimproved with no future plans to improve said right-of-way and therefore vacates the following City right-of-way:

 

Council District 2:

 

Vacating unimproved public right-of-way of N.W. 56th Street, while retaining a public utility easement, described as follows:

 

The 50 foot wide east-west right-of-way adjoined on the south by Lots 1, 2, and 9 “Parkdale Farms”, a subdivision in the 2nd Council District in Kansas City, Platte County, Missouri, and on the north by parcels number PL199031100004001000 and PL199031200001001000, from the west right-of-way line of N. Helena Avenue, as now established, westerly to the east right-of-way line of N. Lucerne Drive, as now established; all in the NE 1/4 of the NW 1/4 Section 31 Township 51 N, Range 33 W, Kansas City, Platte County, Missouri. A 50 foot wide public utility easement is retained over, under, in and upon the same area described above.

 


 

Section 2. 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, and that the notice required by Section 75-4 of the Code of Ordinances has been provided.

 

Section 3. The City’s easement reserved in section 1 provides 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 properties. The City of Kansas City shall have at all times the right to go upon the above-described properties 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 properties 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 to be filed for record in the Recorder's Office in Platte 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:

 

 

____________________________________

Dustin E. Johnson

Assistant City Attorney

 

Approved by the Director of the Department

of Public Works:

 

 

____________________________________

Sherri McIntyre

Director of Public Works

 


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