ORDINANCE NO. 910012
Vacating Tracy Avenue from the north line of Independence
Avenue to the southeasterly right-of-way line of I-29 and I-35, all in Kansas
City, Jackson County, Missouri. (Case No. 968-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 5th day of September, 1990, a petition was filed
with the City Clerk of Kansas City by Housing Authority of Kansas City, Missouri,
for the vacation of Tracy Avenue from the north line of Independence Avenue to
the southeasterly right-of-way line of I-29 and I-35, all in Kansas City,
Jackson County, Missouri, giving the distinct description of the street 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 street 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 Tracy Avenue from the north line of
Independence Avenue to the southeasterly right-of-way line of I-29 and I-35,
all 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 use, 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 Ordinance 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 acknowledgement 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