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ORDINANCE NO. 990279
Vacating the east-west alley next south of 31st
Street from the west line of Holmes Street to the east line of the north-south
alley next west of Holmes Street, in Kansas City, Jackson County, Missouri.
(1306-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 14th day of December, 1998, a
petition was filed with the City Clerk of Kansas City by A.F.A.B., L.L.C., for
the vacation of the east-west alley next south of 31st Street from the west
line of Holmes Street to the east line of the north-south alley next west of
Holmes Street, all in Section 17-49-33, 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 of the east-west
alley next south of 31st Street from the west line of Holmes Street to the east
line of the north-south alley next west of Holmes Street, all in Section
17-49-33, 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