ORDINANCE NO. 971460
Vacating a pedestrian way, as dedicated by the Plat of
"Troostwood", lying between Lot 5 and Lot 6, "Troostwood"
from the east line of Troost Avenue to a line connecting the southeast corner
of said Lot 5 to the northeast corner of said Lot 6; and vacating a pedestrian
way, as dedicated by the Plat of "Troostwood", lying between Lot 17
and Lot 18, "Troostwood" from the east line of Troost Avenue to the
east line of said Lots 17 and 18, all in Kansas City, Jackson County,
Missouri. (1254-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 2nd day of July, 1997, a petition was filed with
the City Clerk of Kansas City by Troostwood L.P. for the vacation of a
pedestrian way, as dedicated by the Plat of "Troostwood", lying
between Lot 5 and Lot 6, "Troostwood" from the east line of Troost
Avenue to a line connecting the southeast corner of said Lot 5 to the northeast
corner of said Lot 6; and for the vacation of a pedestrian way, as dedicated by
the Plat of "Troostwood", lying between Lot 17 and Lot 18,
"Troostwood" from the east line of Troost Avenue to the east line of
said Lots 17 and 18, all in Section 28-49-33, in Kansas City, Jackson County,
Missouri, giving the distinct description of the pedestrian ways 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 pedestrian ways 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 a pedestrian way, as dedicated by
the Plat of "Troostwood", lying between Lot 5 and Lot 6,
"Troostwood" from the east line of Troost Avenue to a line connecting
the southeast corner of said Lot 5 to the northeast corner of said Lot 6; and
for the vacation of a pedestrian way, as dedicated by the Plat of
"Troostwood", lying between Lot 17 and Lot 18, "Troostwood"
from the east line of Troost Avenue to the east line of said Lots 17 and 18,
all in Section 28-49-33, 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