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ORDINANCE NO. 030934
Vacating
the east-west and north-south alleys, west of Central Street and directing the
City Clerk to record certain documents with the appropriate offices. (1426-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 3rd day
of June, 2003, a petition was filed with the City Clerk of Kansas City by DST
Realty, Inc., for the vacation of the east-west alley next south of W. 7th
Street from the west line of Central Street to the east line of the north-south
alley next west of Central Street, and said north-south alley from the westerly
prolongation of the south line of said east-west alley to the easterly
prolongation of the north line of Lot 29, Kings Resurvey of Hubbards
Addition, Blocks 5-8, all in Section 5, Township 49 North, Range 33 West,
Kansas City, Jackson County, Missouri, giving the distinct description of the
alleys 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 alleys 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 east-west alley next south of W. 7th Street from the west line of
Central Street to the east line of the north-south alley next west of Central
Street, and said north-south alley from the westerly prolongation of the south
line of said east-west alley to the easterly prolongation of the north line of
Lot 29, Kings Resurvey of Hubbards Addition, Blocks 5-8, all in Section 5,
Township 49 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
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 ______________________, 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