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ORDINANCE NO. 990718
Vacating the east-west alley next south of Truman Road
from the east line of Olive Street to the west line of Wabash Avenue, in Kansas
City, Jackson County, Missouri. (1308-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 15th day of January, 1999, a petition
was filed with the City Clerk of Kansas City by Robert W. Gaines for the
vacation of the east-west alley next south of Truman Road from the east line of
Olive Street to the west line of Wabash Avenue, all in Section 4-49-33, 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 east-west alley next
south of Truman Road from the east line of Olive Street to the west line of
Wabash Avenue, all in Section 4-49-33, 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