ORDINANCE NO. 970521
Vacating N. Hardesty Avenue from the north line of N.E.
48th Street to the south line of N.E. 49th Street, and all utility easements
over, under, along and across said avenue, except for a sewer easement across
the north 230 feet thereof, in Kansas City, Clay County, Missouri. (1113-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 13th day of February, 1997, a petition was filed
with the City Clerk of Kansas City by William L. and Lena J. Alvis for the
vacation of N. Hardesty Avenue from the north line of N.E. 48th Street to the
south line of N.E. 49th Street, and all utility easements over, under, along
and across said avenue, except for a sewer easement across the north 230 feet
thereof, in the Southeast Quarter of Section 32-51-32, in Kansas City, Clay
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 N. Hardesty Avenue from the north
line of N.E. 48th Street to the south line of N.E. 49th Street, and all utility
easements over, under, along and across said avenue, except for a sewer
easement across the north 230 feet thereof, in the Southeast Quarter of Section
32-51-32, in Kansas City, Clay 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 sewer pipes, over, under, along and across
the north 230 feet of the above-described property. The City of Kansas City
shall have at all times the right to go upon the north 230 feet of 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
north 230 feet of 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 Clay 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