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ORDINANCE NO. 971672
Vacating Mersington Avenue from the north line
of 51st Terrace to the north line of 52nd Street and 52nd Street from the east
line of Cleveland Avenue to the west line of Mersington Avenue, in Kansas City,
Jackson County, Missouri. (1176-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 7th day of October, 1997, a
petition was filed with the City Clerk of Kansas City by Midtown Community
Development Corporation for the vacation of Mersington Avenue from the north
line of 51st Terrace to the north line of 52nd Street and 52nd Street from the
east line of Cleveland Avenue to the west line of Mersington Avenue, all in
Section 34-49-33, in Kansas City, Jackson County, Missouri, giving the distinct
description of the streets 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 streets 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 Mersington Avenue
from the north line of 51st Terrace to the north line of 52nd Street and 52nd
Street from the east line of Cleveland Avenue to the west line of Mersington
Avenue, all in Section 34-49-33, 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