ORDINANCE NO. 060023
Vacating a portion of N.E. 51st Street west of N. Wheeling Avenue, and a portion of N. White Avenue south of N.E. 51st Street, Kansas City, Clay County, Missouri, and directing the City Clerk to record
certain documents. (1493-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 5th day of
December, 2005, a petition was filed with the City Clerk of Kansas City by
Tonka Development, L. L. C. for the vacation of N.E. 51st Street from the
northerly projection of the west line of Lot 25, Block 7, Maple Hill
Subdivision, to the west line of N. Wheeling Avenue, and N. White Avenue from
the south line of N.E. 51st Street to the easterly projection of the south line
of Lot 27, Block 7, Maple Hill Subdivision, all in Section 33, Township 51
North, Range 32 West, Kansas City, Clay 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 for a period of
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 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
N.E. 51st Street from the northerly projection of the west line of Lot
25, Block 7, Maple Hill Subdivision, to the west line of N. Wheeling Avenue,
and N. White Avenue from the south line of N.E. 51st Street to the easterly
projection of the south line of Lot 27, Block 7, Maple Hill Subdivision, all in
Section 33, Township 51 North, Range 32 West, Kansas City, Clay County,
Missouri, be and the same are 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:
____________________________________
M.
Margaret Sheahan Moran
Assistant City Attorney
Approved
by the City Plan Commission
____________________________________
Charles
Myers, Chairman
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