ORDINANCE NO. 071326
Vacating N. Park Avenue between Nicholson Avenue and the Missouri Pacific railroad tracks, Kansas City, Jackson County,
Missouri, retaining utility easements; and directing the City Clerk to record
certain documents. (1557-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 11th day of
September, 2007, a petition was filed with the City Clerk of Kansas City by Cargill,
Inc., for the vacation of N. Park Avenue from the south line of Nicholson Avenue
south to the north line of the Missouri Pacific Railroad right of way, all in
Sections 28 and 33, Township 50 North, Range 33 West, Kansas City, 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 N.
Park Avenue from the south line of Nicholson Avenue south to the north line of
the Missouri Pacific Railroad right of way, all in Sections 28 and 33, Township
50 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
____________________________________
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