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ORDINANCE NO. 030936
Vacating
the north-south alley next east of Walnut Street between 9th Street and 10th
Street and directing the City Clerk to record certain documents. (1441-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 3rd day
of June, 2003, a petition was filed with the City Clerk of Kansas City by 909
Walnut Management, L.L.C., for the vacation of the north-south alley next east
of Walnut Street from the south line of 9th Street to the north line of 10th
Street, all in Section 5, Township 49 North, Range 33 West, 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 east of Walnut Street from the south line
of 9th Street to the north line of 10th Street, all in Section 5, Township 49
North, Range 33 West, 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