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Legislation #: 980541 Introduction Date: 5/28/1998
Type: Ordinance Effective Date: 6/28/1998
Sponsor: None
Title: Vacating N.W. 71st Terrace from the east line of U.S. Highway 169 to the Kansas City-Gladstone city limits line, and all utility easements over, under, along and across said street, except for a 10.0 foot wide utility easement, in Kansas City, Clay County, Missouri. (1284-V)

Legislation History
DateMinutesDescription
5/28/1998

Prepare to Introduce

5/28/1998

Referred Planning, Zoning & Economic Development Committee

6/3/1998

Hold On Agenda

6/10/1998

Do Pass as a Committee Substitute

6/11/1998

Assigned to Third Read Calendar

6/18/1998

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980541

 

Vacating N.W. 71st Terrace from the east line of U.S. Highway 169 to the Kansas City-Gladstone city limits line, and all utility easements over, under, along and across said street, except for a 10.0 foot wide utility easement, in Kansas City, Clay County, Missouri. (1284-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 13th day of March, 1998, a petition was filed with the City Clerk of Kansas City by Jon W. Matthews for the vacation of N.W. 71st Terrace from the east line of U.S. Highway 169 to the Kansas City-Gladstone city limits line, and all utility easements over, under along and across aid street, except that part described as follows: A strip of land 10.00 feet wide lying 5.00 feet on each side of the following described centerline: Commencing at the northeast corner of the Northeast Quarter of Section 22-51-33; thence South 030'04" West, along the east line of said Northeast Quarter, 509.63 feet; thence North 8929'56" West, 180.00 feet to the true point of beginning of said centerline; thence North 8922'47" West, 140.00 feet to the point of termination, all in Section 22-51-33, in 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 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.W. 71st Terrace from the east line of U.S. Highway 169 to the Kansas City-Gladstone city limits line, and all utility easements over, under, along and across said street, except for a 10.0 foot wide utility easement, all in Section 22-51-33, in Kansas City, Clay 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 10.00 foot wide utility easement. The City of Kansas City shall have at all times the right to go upon the above‑described 10.00 foot wide utility easement 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 10.00 foot wide utility easement 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 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