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