ORDINANCE NO. 010448

Vacating a certain portion of 58th Street, east of Marion Avenue, in Kansas City, Jackson County, Missouri. (1355-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 10th day of November, 2000, a petition was filed with the City Clerk of Kansas City by Mr. John L. King, Hawthorne, Development L.L.C. for the vacation of all that part of 58th Street described as follows: Beginning at the northeast corner of Lot 39, Fairway Hill 5th Plat, a subdivision of land in Kansas City, Jackson County, Missouri; thence North 3E39'04" West along the northerly extension of the east line of said Lot 39, 50.00 feet to the northerly right of way line of 58th Street; thence southwesterly along said northerly right of way line on a curve to the left (said curve having a radius of 414.57 feet, chord bearing of South 76E40'28" West, chord distance of 139.34) an arc distance of 140.00 feet; thence South 67E00'00' West along said northerly right of way line, 16.05 feet; thence southeasterly on a curve to the right (said curve having a radius of 50.00 feet, chord bearing of South 17E05'41" East, chord distance of 58.64 feet) an arc distance of 62.67 feet; thence northeasterly on a curve to the right (said curve having a radius of 25.00 feet, chord bearing of North 42E54'19" East, chord distance of 20.41 feet) an arc distance of 21.03 feet to the southerly right of way line of said 58th Street; thence North 67E00'00" East along said southerly right of way line, 3.45 feet; thence northeasterly along said southerly right of way line on a curve to the right (said curve having a radius of 364.57 feet, chord bearing of North 76E40'28" East, chord distance of 122.53 feet) an arc distance of 123.12 feet to the point of beginning, all in Section 34-49-32, in 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 all that part of 58th Street described as follows: Beginning at the northeast corner of Lot 39, Fairway Hill 5th Plat, a subdivision of land in Kansas City, Jackson County, Missouri; thence North 3E39'04" West along the northerly extension of the east line of said Lot 39, 50.00 feet to the northerly right of way line of 58th Street; thence southwesterly along said northerly right of way line on a curve to the left (said curve having a radius of 414.57 feet, chord bearing of South 76E40'28" West, chord distance of 139.34) an arc distance of 140.00 feet; thence South 67E00'00' West along said northerly right of way line, 16.05 feet; thence southeasterly on a curve to the right (said curve having a radius of 50.00 feet, chord bearing of South 17E05'41" East, chord distance of 58.64 feet) an arc distance of 62.67 feet; thence northeasterly on a curve to the right (said curve having a radius of 25.00 feet, chord bearing of North 42E54'19" East, chord distance of 20.41 feet) an arc distance of 21.03 feet to the southerly right of way line of said 58th Street; thence North 67E00'00" East along said southerly right of way line, 3.45 feet; thence norhteasterly along said southerly right of way line on a curve to the right (said curve having a radius of 364.57 feet, chord bearing of North 76E40'28" East, chord distance of 122.53 feet) an arc distance of 123.12 feet to the point of beginning, all in Section 34-49-32, in 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:

____________________________________

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