ORDINANCE NO. 100022

 

Vacating a portion of E. 147th Street, east of Holmes Road, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1608-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 6th day of November, 2009, a petition was filed with the City Clerk of Kansas City by Thomas Smith for the vacation of that portion of E. 147th Street in the North half of Section 33, Township 47, Range 33 in Kansas City, Jackson County, Missouri being described as follows: Beginning at a point on the east line of the Northwest Quarter of said Section 33, that is 34.77 feet south of the north quarter of said Section 33, said point being on the south right of way line of old Missouri Highway 150, also being the south right of way line of E. 147th Street; thence North 86 degrees 39 minutes 33 seconds West along said south right of way line a distance of 694.90 feet; thence North 3 degrees 20 minutes 27 seconds East, 80.00 feet to the south right of way line of new Missouri Highway 150, also being the north right of way line of E. 147th Street; thence South 86 degrees 39 minutes 33 seconds East along the south right of way line of said new Missouri Highway 150, a distance of 657.97 feet; thence South 77 degrees 35 minutes 48 seconds East continuing along said south right of way line a distance of 164.43 feet; thence South 67 degrees 57 minutes 41 seconds East continuing along said south right of way line a distance of 168.76 feet; thence North 86 degrees 39 minutes 33 seconds West, a distance of 285.30 feet to the point of beginning, 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 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 Council finds that no private rights will be unreasonably injured or endangered by this vacation and that the public will suffer no unreasonable loss or inconvenience thereby.

 

Section 4. That portion of E. 147th Street in the North half of Section 33, Township 47, Range 33 in Kansas City, Jackson County, Missouri being described as follows: Beginning at a point on the east line of the Northwest Quarter of said Section 33, that is 34.77 feet south of the north quarter of said Section 33, said point being on the south right of way line of old Missouri Highway 150, also being the south right of way line of E. 147th Street; thence North 86 degrees 39 minutes 33 seconds West along said south right of way line a distance of 694.90 feet; thence North 3 degrees 20 minutes 27 seconds East, 80.00 feet to the south right of way line of new Missouri Highway 150, also being the north right of way line of E. 147th Street; thence South 86 degrees 39 minutes 33 seconds East along the south right of way line of said new Missouri Highway 150, a distance of 657.97 feet; thence South 77 degrees 35 minutes 48 seconds East continuing along said south right of way line a distance of 164.43 feet; thence South 67 degrees 57 minutes 41 seconds East continuing along said south right of way line a distance of 168.76 feet; thence North 86 degrees 39 minutes 33 seconds West, a distance of 285.30 feet to the point of beginning, 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 5. 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 6. 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

 

 

____________________________________

Virginia Walsh, Secretary

 

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