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Legislation #: 050505 Introduction Date: 4/28/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS XBARNES, COOPER, FAIRFIELD, NASH AND RILEY
Title: Vacating the north-south alley east of Main Street north of 13th Street and the north-south alley west of Main Street from 13th Street to 14th Street, and directing the City Clerk to record certain documents in Jackson County. (1505-V)

Legislation History
DateMinutesDescription
4/28/2005 Filed by the Clerk's office
4/28/2005 Referred to Planning, Zoning & Economic Development Committee
5/18/2005 Advance and Do Pass as Second Committee Substitute, Consent
5/19/2005 Passed As Second Substitute

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050505.pdf Other 464K Recording Information
050505.pdf Authenticated 149K Authenticated

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050505

 

Vacating the north-south alley east of Main Street north of 13th Street and the north-south alley west of Main Street from 13th Street to 14th Street, and directing the City Clerk to record certain documents in Jackson County. (1505-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 18th day of March, 2005, a petition was filed with the City Clerk of Kansas City by the Tax Increment Financing Commission of Kansas City, Missouri, for the vacation of the north-south alley next east of Main Street from the north line of 13th Street as now established north to its terminus, said terminus being a line drawn parallel to and 15 feet north of the south line of Lot 54, Block 4, McGee's addition, and the north-south alley next west of Main Street from the south line of 13th Street as now established to the north line of 14th Street as now established, and all utility easements over, under, across and along said alleys, all in Section 5, Township 49 North, Range 33 West, 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 alleys 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 north-south alley next east of Main Street from the north line of 13th Street as now established north to its terminus, said terminus being a line drawn parallel to and 15 feet north of the south line of Lot 54, Block 4, McGee's addition, and the north-south alley next west of Main Street from the south line of 13th Street as now established to the north line of 14th Street as now established (including all utility easements over, under, across and along the alley east of Main Street), all in Section 5, 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 in the north-south alley west of Main Street from 13th Street to 14th Street 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 easement. The City of Kansas City shall have at all times the right to go upon the above-described easement 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

 

Approved by the City Plan Commission

 

 

____________________________________

Charles Myers, Chairman

 

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