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Legislation #: 110054 Introduction Date: 1/20/2011
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating E. 51st Street between Missouri Pacific Railroad right of way and Brighton Avenue, Kansas City, Jackson County, Missouri; accepting a water main easement; and directing the City Clerk to record certain documents. (1638-V)

Legislation History
DateMinutesDescription
1/20/2011 Filed by the Clerk's office
1/20/2011 Referred to Planning and Zoning Committee
2/9/2011 Hold On Agenda (2/23/2011)
2/23/2011 Do Pass
2/24/2011 Assigned to Third Read Calendar
3/3/2011 Passed

View Attachments
FileTypeSizeDescription
1100054 Recorded Documents.pdf Recorded Info 666K Recorded Documents
110054 Affidavit of Publication.pdf Other 65K Affidavit of publication
C001638V_STAFFRPT01_04_11.doc Staff Report 507K Staff Report
C001638VFACTSHT.xls Fact Sheet 84K Fact Sheet

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ORDINANCE NO. 110054

 

Vacating E. 51st Street between Missouri Pacific Railroad right of way and Brighton Avenue, Kansas City, Jackson County, Missouri; accepting a water main easement; and directing the City Clerk to record certain documents.

(1638-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 30th day of December, 2010, a petition was filed with the City Clerk of Kansas City by J & M Holdings, L. L. C., for the vacation of E. 51st Street from the west line of Brighton Avenue as now established west to the east line of the Missouri Pacific Railroad right of way, and all utility easements over, under, across and along said street, all in Sections 26 and 35, Township 49 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 E. 51st Street from the west line of Brighton Avenue as now established west to the east line of the Missouri Pacific Railroad right of way, and all utility easements over, under, across and along said street, all in Sections 26 and 35, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, be and the same is hereby vacated.

 

Section 5. That a water main easement over the easterly 15 feet of the released right of way is hereby accepted. A copy of the easement is attached to this ordinance.

 

Section 6. 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, and the water main easement, to be filed for record in the Recorder's Office in Jackson County, Missouri.

 

Section 7. 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