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ORDINANCE NO. 980703
Vacating all that sixty foot right of way
dedicated for a Frontage Road, together with the southwesterly forty feet of
that sixty foot right of way dedicated as part of M-291, all in the recorded
plat of Pioneer Industrial Park-I, in Kansas City, Clay County, Missouri,
said strip being one hundred feet in width and lying southwesterly of, sixty
feet from and parallel to the existing centerline of Missouri Route 291 (N.E.
Cookingham Drive). (1267-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 2nd day of February, 1998, a
petition was filed with the City Clerk of Kansas City by Timothy D. Harris for
the vacation of all that sixty foot right of way dedicated for a Frontage Road,
together with the southwesterly forty feet of that sixty foot right of way
dedicated as part of M-291, all in the recorded plat of Pioneer Industrial
Park-I, in Kansas City, Clay County, Missouri, said strip being one hundred
feet in width and lying southwesterly of, sixty feet from and parallel to the
existing centerline of Missouri Route 291 (N.E. Cookingham Drive), all in
Sections 26-52-32 and 27-52-32, giving the distinct description of the road 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 road 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 sixty foot
right of way dedicated for a Frontage Road, together with the southwesterly
forty feet of that sixty foot right of way dedicated as part of M-291, all in
the recorded plat of Pioneer Industrial Park-I, in Kansas City, Clay County,
Missouri, said strip being one hundred feet in width and lying southwesterly
of, sixty feet from and parallel to the existing centerline of Missouri Route
291 (N.E. Cookingham Drive), all in Sections 26-52-32 and 27-52-32, 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 Clay 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
______________________, 19___, 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
_________________________, 19____.
____________________________________
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.
19____, 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