ORDINANCE NO. 031214
Vacating
21st Street between Grand Boulevard and McGee Street, and a portion of the adjacent
north-south alley and directing the City Clerk to record certain documents in
Jackson County. (1453-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 16th
day of September, 2003, a petition was filed with the City Clerk of Kansas City
by MCZ/Centrum-Western, L.L.C., for the vacation of E. 21st Street from the
east line of Grand Boulevard, as now established, to the west line of McGee
Street, as now established, and the north-south alley next east of Grand
Boulevard from the north line of E. 21st Street to a line described as
follows: beginning at the northeast corner of Lot 101, Union Station addition,
said corner also being on the west right of way line of said north-south alley,
thence North 89E41'03" East, a
distance of 14.00 feet; thence North 00E43'22"
West, a distance of 43.91 feet to a point of curve; thence in a northeasterly
direction along a curve to the right having an initial tangent bearing of North
29E44'10" East and a
radius of 33.30 feet an arc distance of 4.44 feet to a point on the east right
of way line of said north-south alley, and the terminus of said described line,
all in Section 8, Township 49 North, Range 33 West, Kansas City, Jackson County,
Missouri, giving the distinct description of the street and 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 street and 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 E. 21st Street from the east line of Grand Boulevard, as now
established, to the west line of McGee Street, as now established, and the
north-south alley next east of Grand Boulevard from the north line of E. 21st
Street to a line described as follows: beginning at the northeast corner of
Lot 101, Union Station addition, said corner also being on the west right of
way
line of said north-south
alley, thence North 89E41'03" East, a distance of 14.00 feet; thence
North 00E43'22" West, a distance of 43.91 feet to a point
of curve; thence in a northeasterly direction along a curve to the right having
an initial tangent bearing of North 29E44'10" East
and a radius of 33.30 feet an arc distance of 4.44 feet to a point on the east
right of way line of said north-south alley, and the terminus of said described
line, all in Section 8, 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:
____________________________________
M.
Margaret Sheahan Moran
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