ORDINANCE NO. 970189
Vacating the north-south alley next west of Newton Avenue
from the south line of the east-west alley next south of Wilson Avenue to the
north line of Winner Road, in Kansas City, Jackson County, Missouri. (1166-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 14th day of October, 1996, a petition was filed
with the City Clerk of Kansas City by Missouri Valley Enterprises, Inc., for
the vacation of the north-south alley next west of Newton Avenue from the south
line of the east-west alley next south of Wilson Avenue to the north line of
Winner Road, all in Section 36-50-33, in 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 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 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 next west of
Newton Avenue from the south line of the east-west alley next south of Wilson
Avenue to the north line of Winner Road, all in Section 36-50-33, 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 ______________________,
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