ORDINANCE NO. 080366

Vacating a portion of N.W. Winter Avenue, north of N.W. Barry Road, Kansas City, Platte County, Missouri, retaining a utility easement, and directing the City Clerk to record certain documents. (1592-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 March, 2008, a petition was filed with the City Clerk of Kansas City by Zona Rosa Development L. L. C., for the vacation of that portion of N.W. Winter Avenue described as follows: Commencing at the Northeast corner of Tract A, Block 1, "ZonaRosa 1st Plat," a subdivision of land in said Kansas City; thence North 8949'21" West, along the North line of said Tract "A" and the North line of Lot 2, Block 1, said ZonaRosa 1st Plat, 213.92 feet: thence Southwesterly along the Northerly line of said Lot 2, along a curve to the left being tangent to the last described course having a radius of 125.00 feet, a central angle of 5408'30", and an arc distance of 118.12 feet to the True Point of Beginning of the Tract of land to be herein described: thence Southerly along the Westerly line of said Lot 2 and the Easterly right of way line of NW Winter Avenue as now established, along a curve to the left having a common tangent with the last described course of South 3602'09" West, with a radius of 125.00 feet, a central angle of 3551'30" and an arc distance of 78.23 feet; thence South 010'39" West along said Westerly lot line and said Easterly right of way line, 162.62 feet; thence North 8725'14" West, 60.05 feet to a point on the Westerly right of way line of said NW Winter Avenue and on the Easterly line of Lot 4, "Bel Manor," a subdivision of land in said Kansas City; thence North 010'39" East along said Westerly right of way line and said Easterly lot line, 149.12 feet; thence North 4500'00" East, 118.73 feet to the point of beginning. all in Section 12 Township 51 North, Range 34 West, Kansas City, Platte 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 a portion of N.W. Winter Avenue described as follows: Commencing at the Northeast corner of Tract A, Block 1, "ZonaRosa 1st Plat," a subdivision of land in said Kansas City; thence North 8949'21" West, along the North line of said Tract "A" and the North line of Lot 2, Block 1, said ZonaRosa 1st Plat, 213.92 feet: thence Southwesterly along the Northerly line of said Lot 2, along a curve to the left being tangent to the last described course having a radius of 125.00 feet, a central angle of 5408'30", and an arc distance of 118.12 feet to the True Point of Beginning of the Tract of land to be herein described: thence Southerly along the Westerly line of said Lot 2 and the Easterly right of way line of NW Winter Avenue as now established, along a curve to the left having a common tangent with the last described course of South 3602'09" West, with a radius of 125.00 feet, a central angle of 3551'30" and an arc distance of 78.23 feet; thence South 010'39" West along said Westerly lot line and said Easterly right of way line, 162.62 feet; thence North 8725'14" West, 60.05 feet to a point on the Westerly right of way line of said NW Winter Avenue and on the Easterly line of Lot 4, "Bel Manor," a subdivision of land in said Kansas City; thence North 010'39" East along said Westerly right of way line and said Easterly lot line, 149.12 feet; thence North 4500'00" East, 118.73 feet to the point of beginning. all in Section 12 Township 51 North, Range 34 West, Kansas City, Platte 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.

Section 7. That the Director of Finance is authorized to sign any necessary consents for this vacation.

_____________________________________________

Approved as to form and legality:

____________________________________

M. Margaret Sheahan Moran

Assistant City Attorney

Approved by the City Plan Commission

____________________________________

Virginia Walsh, Secretary

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