ORDINANCE NO. 970232
Vacating certain portions of N.E. Shady Lane between N.
Jackson Avenue and N. Brighton Avenue and all utility easements over, under,
along and across said street right of way in Kansas City, Clay County,
Missouri. (1245-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 17th day of January, 1997, a petition was filed
with the City Clerk of Kansas City by J.A. Peterson Enterprises, Inc., for the
vacation of street right of way located on the north side of N.E. Shady Lane
between N. Jackson Avenue and N. Brighton Avenue described as follows: A tract
of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas
City, Clay County, Missouri, being bounded and described as follows: Commencing
at the southwest corner of said Northwest Quarter; thence North 0 15'12"
East, along the west line of said Northwest Quarter, 1125.39 feet; thence South
89 44'48" East, 415.59 feet to a point on the north right of way line of
N.E. Shady Lane, as now established, said point being also the true point of
beginning of the tract to be herein described; thence northerly, along a curve
to the left, having an initial tangent bearing of North 43 00'00" East, a
radius of 15.00 feet, an arc distance of 23.56 feet; thence North 43 00'00
East, 1.71 feet; thence southeasterly, along a curve to the left, having an
initial tangent bearing of South 39 41'30" East, radius of 210.00 feet, an
arc distance of 1.79 feet; thence southerly, along a curve to the right, having
a common tangent with the last described course, a radius of 15.00 feet, an arc
distance of 21.78 feet; thence South 43 00'00" West, 1.59 feet to the true
point of beginning; and also, a tract of land in the Northwest Quarter of
Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being
bounded and described as follows: Commencing at the southwest corner of said
Northwest Quarter; thence North 0 15'12" East, along the west line of said
Northwest Quarter, 1332.55 feet; thence South 89 44'48" East, 632.02 feet
to a point on the north right of way line of N.E. Shady Lane, as now
established, said point being also the true point of beginning of the tract to
be herein described; thence northerly, along a curve to the left, having an
initial tangent bearing of North 61 29'32" East, a radius of 15.00 feet,
an arc distance of 21.94 feet; thence North 67 41'55" East, 29.37 feet;
thence South 8 29'10" East, 1.61 feet; thence southerly, along a curve to
the right, tangent to the last described course, having a radius of 15.00 feet,
an arc distance of 19.52 feet; thence southwesterly, along a curve to the left,
having a common tangent with the last described course, a radius of 355.00
feet, an arc distance of 28.30 feet to the true point of beginning; and also, a
tract of land in the Northwest Quarter of Section 29, Township 51, Range 32,
Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing
at the southwest corner of said Northwest Quarter; thence South 89 34'16"
East, along the south line of said Northwest Quarter, 1679.04 feet; thence
North 0 25'44" East, 1087.95 feet to a point on the north right of way
line of N.E. Shady Lane, as now established, said point being also the true
point of beginning of the tract to be herein described; thence northeasterly,
along a curve to the left, having an initial tangent bearing of South 70
00'00" East, a radius of 15.00 feet, an arc distance of 23.56 feet; thence
South 70 00'00" East, 50.00 feet; thence southeasterly, along a curve to
the left, having an initial tangent bearing of South 20 00'00" West, a
radius of 15.00 feet, an arc distance of 23.56 feet; thence North 70 00'00"
West, 80.00 feet to the true point of beginning; and all utility easements
over, under, along and across all of the above street rights of way, giving the
distinct description of the street right of way 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
street right of way 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 street right of way located on the
north side of N.E. Shady Lane between N. Jackson Avenue and N. Brighton Avenue
described as follows: A tract of land in the Northwest Quarter of Section 29,
Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and
described as follows: Commencing at the southwest corner of said Northwest
Quarter; thence North 0 15'12" East, along the west line of said Northwest
Quarter, 1125.39 feet; thence South 89 44'48" East, 415.59 feet to a point
on the north right of way line of N.E. Shady Lane, as now established, said point
being also the true point of beginning of the tract to be herein described;
thence northerly, along a curve to the left, having an initial tangent bearing
of North 43 00'00" East, a radius of 15.00 feet, an arc distance of 23.56
feet; thence North 43 00'00 East, 1.71 feet; thence southeasterly, along a
curve to the left, having an initial tangent bearing of South 39 41'30"
East, radius of 210.00 feet, an arc distance of 1.79 feet; thence southerly,
along a curve to the right, having a common tangent with the last described
course, a radius of 15.00 feet, an arc distance of 21.78 feet; thence South 43
00'00" West, 1.59 feet to the true point of beginning; and also, a tract
of land in the Northwest Quarter of Section 29, Township 51, Range 32, Kansas
City, Clay County, Missouri, being bounded and described as follows: Commencing
at the southwest corner of said Northwest Quarter; thence North 0 15'12"
East, along the west line of said Northwest Quarter, 1332.55 feet; thence South
89 44'48" East, 632.02 feet to a point on the north right of way line of
N.E. Shady Lane, as now established, said point being also the true point of
beginning of the tract to be herein described; thence northerly, along a curve
to the left, having an initial tangent bearing of North 61 29'32" East, a
radius of 15.00 feet, an arc distance of 21.94 feet; thence North 67
41'55" East, 29.37 feet; thence South 8 29'10" East, 1.61 feet;
thence southerly, along a curve to the right, tangent to the last described
course, having a radius of 15.00 feet, an arc distance of 19.52 feet; thence
southwesterly, along a curve to the left, having a common tangent with the last
described course, a radius of 355.00 feet, an arc distance of 28.30 feet to the
true point of beginning; and also, a tract of land in the Northwest Quarter of
Section 29, Township 51, Range 32, Kansas City, Clay County, Missouri, being
bounded and described as follows: Commencing at the southwest corner of said
Northwest Quarter; thence South 89 34'16" East, along the south line of said
Northwest Quarter, 1679.04 feet; thence North 0 25'44" East, 1087.95 feet
to a point on the north right of way line of N.E. Shady Lane, as now
established, said point being also the true point of beginning of the tract to
be herein described; thence northeasterly, along a curve to the left, having an
initial tangent bearing of South 70 00'00" East, a radius of 15.00 feet,
an arc distance of 23.56 feet; thence South 70 00'00" East, 50.00 feet;
thence southeasterly, along a curve to the left, having an initial tangent
bearing of South 20 00'00" West, a radius of 15.00 feet, an arc distance
of 23.56 feet; thence North 70 00'00" West, 80.00 feet to the true point
of beginning; and all utility easements over, under, along and across all of
the above street rights of way, be and the same is hereby vacated.
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 Clay 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 ______________________,
19___, 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 _________________________, 19____.
____________________________________
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. 19____, 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