COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 060614
Vacating certain portions of Broadway Boulevard lying north and south of 22nd Street, Kansas City, Jackson
County, Missouri, reserving certain easements, and directing the City Clerk to
record certain documents. (1518-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 20th day of April, 2006, a
petition was filed with the City Clerk of Kansas City by Chouteau Properties,
Inc., for the vacation of all that part of the east 40 feet of Broadway
Boulevard lying north of the south line of the north half of Section 8, Township
49 North, Range 33 West, and lying south of the following described line:
Commencing at the southwest corner of Lot 16, Block 25, Goodrich Addition, said
point also being on the east right of way line of said Broadway Boulevard;
thence N 0227'28" E along said
east right of way line a distance of 73.02 feet to the point of beginning of
said line; thence N 8732'32" W a
distance of 40 feet to the centerline of said Broadway Boulevard, said point
being the terminus of said line; except a 50 foot strip of said Broadway
Boulevard being 25 feet on each side of the following described centerline:
commencing at the southwest corner of said Lot 16; thence S 0227'28" W along the southerly
prolongation of the west line of said Lot 16 a distance of 23.39 feet to the point
of beginning of said centerline; thence S 6112'01"
W along said centerline a distance of 11.20 feet to the beginning of a curve
concave to the southeast having a radius of 98.67 feet; thence southwesterly
66.11 feet along said curve through a central angle of 38? 23' 18"; thence
S 2248'43" W along said
centerline a distance of 49.45 feet to the beginning of a curve concave to the
northwest having a radius of 101.33 feet; thence southwesterly 25.76 feet along
said curve through a central angle of 1434'02"
to the west right of way line of said Broadway Boulevard as it now exists, said
point being the terminus of said centerline, all in Section 8, 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
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
the right-of-way as legally described above in Section 1 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,
landscaping and fences) without first securing the written approval of the
Director of Public Works. The City of Kansas City also reserves the right to
go upon the above-described property to construct, maintain and repair any
retaining walls or overhangs within the abutting public right of way.
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.
____________________________________
Notary Public within and for
County, Missouri
My term expires:
__________________________
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