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COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 971671
Vacating part of Madison Avenue adjoining Lot 1,
Superior Datsun-Buick, First Plat from 103rd Street to a point 375 feet south
of the south line of said street in Kansas City, Jackson County, Missouri.
(1265-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 22nd day of September, 1997, a
petition was filed with the City Clerk of Kansas City by Hendrick Automotive
Group for the vacation of all that part of Madison Avenue lying in Section 31,
Township 48 North, Range 33 West, said avenue also lying adjacent to Tract III,
Lot 1, Superior Datsun-Buick, First Plat, a recorded plat in Kansas City,
Jackson County, Missouri, being more particularly described as follows:
Beginning at the northwest corner of said lot; thence South 0210'45"
West, a distance of 120.00 feet; thence North 8749'15" West, a distance
of 3.00 feet; thence South 0210'45" West, a distance of 25.00 feet;
thence South 8749'15" East, a distance of 3.00 feet; thence South
0210'46" West, a distance of 230.11 feet; thence on a curve to the left
having a chord bearing of North 1708'40" West, a delta of 2552'00",
a radius of 305.00 feet, and a length of 137.69; thence North 3004'40"
West, a distance of 12.48 feet; thence on a curve to the right having initial
tangent bearing of the last described course, a delta of 3215'25", a
radius of 150.00 feet; and a length of 16.81 feet; thence North 0210'45"
East, a distance of 81.68 feet; thence North 8711'55" West, a distance of
14.99 feet; thence North 0210'45" East, a distance of 146.47 feet; thence
North 4729'25" East, a distance of 14.07 feet; thence South
8711'55" East, a distance of 65.00 feet to the point of beginning, giving
the distinct description of the avenue 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 avenue 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
Madison Avenue lying in Section 31, Township 48 North, Range 33 West, said
avenue also lying adjacent to Tract III, Lot 1, Superior Datsun-Buick, First
Plat, a recorded plat in Kansas City, Jackson County, Missouri, being more
particularly described as follows: Beginning at the northwest corner of said
lot; thence South 0210'45" West, a distance of 120.00 feet; thence North
8749'15" West, a distance of 3.00 feet; thence South 0210'45" West,
a distance of 25.00 feet; thence South 8749'15" East, a distance of 3.00
feet; thence South 0210'46" West, a distance of 230.11 feet; thence on a
curve to the left having a chord bearing of North 1708'40" West, a delta
of 2552'00", a radius of 305.00 feet, and a length of 137.69; thence
North 3004'40" West, a distance of 12.48 feet; thence on a curve to the
right having initial tangent bearing of the last described course, a delta of
3215'25", a radius of 150.00 feet; and a length of 16.81 feet; thence
North 0210'45" East, a distance of 81.68 feet; thence North
8711'55" West, a distance of
14.99 feet; thence North 0210'45" East, a
distance of 146.47 feet; thence North 4729'25" East, a distance of 14.07
feet; thence South 8711'55" East, a distance of 65.00 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 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.
Section 6. That this ordinance
shall become effective (a) ten (10) days after passage or (b) upon notice of
the acceptance of the construction of realigned Madison Avenue to the City
Clerk from the Director of Public Works; whichever last occurs.
_____________________________________________
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