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ORDINANCE NO. 031216
Vacating
42nd Terrace between Washington Street and Wornall Road, and directing the City
Clerk to record certain documents in Jackson County. (1446-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 25th
day of July, 2003, a petition was filed with the City Clerk of Kansas City by
St. Lukes Hospital of Kansas City, for the vacation of W. 42nd Terrace between
the east line of Washington Street, as now established, and the west line of
Wornall Road, all in Sections 19 and 20, 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 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 W. 42nd Terrace between the east line of Washington Street, as now
established, and the west line of Wornall Road, all in Sections 19 and 20,
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:
____________________________________
M.
Margaret Sheahan Moran
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