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Legislation #: 010134 Introduction Date: 1/18/2001
Type: Ordinance Effective Date: 2/4/2001
Sponsor: None
Title: Vacating the subdivision plats of "Marion Industrial Park" recorded on March 28, 1967, under Document No. B574828 in Book 32 at page 99; "Marion Industrial Park 2nd Plat" recorded on June 12, 1975, under Document No. K262727 in Book 34 at page 25; "Marion Industrial Park 3rd Plat" recorded on April 10, 1995, under Document No. K1186676 in Book K2676 at page 1041; "Marion Merrell Dow Park" recorded on April 12, 1995, under Document No. K1187017 in Book K2677 at page 682; including all lots, blocks, utility easements and building setback lines dedicated by said subdivision plats except 103rd Street therein, all in Sections 35-48-33 and 26-48-33 in Kansas City, Jackson County, Missouri. (1203-V); authorizing certain actions in connection with this ordinance by the City Clerk and the Director of Finance.

Legislation History
DateMinutesDescription
1/18/2001

Prepare to Introduce

1/18/2001

Referred Planning, Zoning & Economic Development Committee

1/24/2001

Advance and Do Pass as a Committee Substitute

1/25/2001

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010134

 

Vacating the subdivision plats of Marion Industrial Park recorded on March 28, 1967, under Document No. B574828 in Book 32 at page 99; Marion Industrial Park 2nd Plat recorded on June 12, 1975, under Document No. K262727 in Book 34 at page 25; Marion Industrial Park 3rd Plat recorded on April 10, 1995, under Document No. K1186676 in Book K2676 at page 1041; Marion Merrell Dow Park recorded on April 12, 1995, under Document No. K1187017 in Book K2677 at page 682; including all lots, blocks, utility easements and building setback lines dedicated by said subdivision plats except 103rd Street therein, all in Sections 35-48-33 and 26-48-33 in Kansas City, Jackson County, Missouri. (1203-V); authorizing certain actions in connection with this ordinance by the City Clerk and the Director of Finance.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The Council of Kansas City does hereby find and declare that on the 6th day of March, 2000, a petition was filed with the City Clerk of Kansas City by Aventis Pharmaceuticals, Inc., for the vacation of the subdivision plats of Marion Industrial Park recorded on March 28, 1967, under Document No. B574828 in Book 32 at page 99; Marion Industrial Park 2nd Plat recorded on June 12, 1975, under Document No. K262727 in Book 34 at page 25; Marion Industrial Park 3rd Plat recorded on April 10, 1995, under Document No. K1186676 in Book K2676 at page 1041; Marion Merrell Dow Park recorded on April 12, 1995, under Document No. K1187017 in Book K2677 at page 682; including all lots, blocks, utility easements and building setback lines dedicated by said subdivision plats except 103rd Street therein, all in Sections 35-48-33 and 26-48-33 in 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 streets and 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 the vacation of the subdivision plats of Marion Industrial Park recorded on March 28, 1967, under Document No. B574828 in Book 32 at page 99; Marion Industrial Park 2nd Plat recorded on June 12, 1975, under Document No. K262727 in Book 34 at page 25; Marion Industrial Park 3rd Plat recorded on April 10, 1995, under Document No. K1186676 in Book K2676 at page 1041; Marion Merrell Dow Park recorded on April 12, 1995, under Document No. K1187017 in Book K2677 at page 682; including all lots, blocks, utility easements and building setback lines dedicated by said subdivision plats except 103rd Street therein, all in Sections 35-48-33 and 26-48-33 in Kansas City, Jackson County, Missouri, be and the same is hereby vacated. However, the City of Kansas City reserves a full width 10 foot water easement dedicated by


Document No. K860005 in Book 1874 at page 1225 and a full width sewer easement dedicated by Document No. B-482991 in Book B5701 at page 270; Document No. 587139 in Book B5988 at page 192; Document No. B513343 in Book B5788 at page 635; and Document No. K948428 in Book K2075 at page 1172, and the right to locate, construct and maintain (or to authorize any franchised utility to locate, construct and maintain) conduits, water and sewer pipes, or any other of them, over, under, along and across the above-described property. The City of Kansas City shall hav


e 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. That the Director of Finance is hereby authorized and directed to execute a consent to vacate for each subdivision plat and any other documents necessary to effectuate the vacation of the subdivision plats listed in this ordinance.

 

Section 6. 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 ______________________, 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