ORDINANCE NO. 150395
Vacating all of Wheeling Avenue
and Belmont Avenue as established by the East Center Plat from the point of
beginning south to Interstate I-70, retaining a utility easement, and directing
the City Clerk to record certain documents. (1704-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 14th day of April,
2015, a petition was filed with the City Clerk of Kansas City by May Technologies
for the vacation of Wheeling Avenue and Belmont Avenue as established by the
East Center Plat from the point of beginning south to Interstate I-70, all in
Section 13, Township 49 South, Range 33 West, 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 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 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 Wheeling
Avenue and Belmont Avenue as established by the East Center Plat from the point
of beginning south to Interstate I-70, all in Section 13, Township 49 South,
Range 33 West, 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