ORDINANCE NO. 050092
Vacating the north-south alley east of Flora Avenue from 23rd Street to 24th Street, Kansas City, Jackson County, Missouri, and
directing the City Clerk to record certain documents. (1485-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 1st
day of December, 2004, a petition was filed with the City Clerk of Kansas City
by Bethel African Methodist Episcopal Church, for the vacation of the
north-south alley east of Flora Avenue from 23rd Street to 24th
Street, Kansas City, Jackson County, Missouri, giving the distinct description
of the alley to be vacated, and also the names of the persons and corporations
owning or claiming to own the property fronting thereon, and that twenty (20)
days 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 alley 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
north-south alley east of Flora Avenue from 23rd Street to 24th Street, 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
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.
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