ORDINANCE NO. 030533

Vacating a portion of N.E. Flintlock Road east of relocated N.E. Flintlock Road, approximately one-quarter mile south of Missouri Highway 152. (1364-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 3rd day of December, 2002, a petition was filed with the City Clerk of Kansas City by 152 & I-35 Investors, L.P., for the vacation of that portion of N.E. Flintlock Road in the Southeast Quarter and the Southwest Quarter of Section 11, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northwest corner of said Southeast Quarter; thence South 00E27'34" West along the west line of said Southeast Quarter, 935.94 feet; thence South 89E32'26" East, 30.32 feet to the true point of beginning of the tract to be herein described; thence South 00E26'23" West, 302.84 feet; thence southwesterly on a curve to the right tangent to the least described course having a radius of 449.24 feet, an arc distance of 353.16 feet; thence South 45E28'52" West, 307.67 feet; thence North 36E55'52" East, 11.47 feet; thence northeasterly on a curve to the left tangent to the last described course, having a radius of 1850.00 feet, an arc distance of 266.02 feet; thence North 45E28'52" East, 37.01 feet; thence northeasterly on a curve to the left, tangent to the last described course, having a radius of 389.24 feet, and arc distance of 305.99 feet; thence North 00E26'23" East, 35.99 feet; thence northeasterly on a curve to the left, having an initial tangent bearing of North 17E21'03" East, a radius of 1850.00 feet, and arc distance of 273.76 feet to the true point of beginning, and all utility easements over, under, along and across said street excepting the ten foot wide sewer easement granted to the City recorded in Clay County, Missouri on February 8, 1990, Book 1956, page 387, 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 the portion of N.E. Flintlock Road in the Southeast Quarter and the Southwest Quarter of Section 11, Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northwest corner of said Southeast Quarter; thence South 00E27'34" West along the west line of said Southeast Quarter, 935.94 feet; thence South 89E32'26" East, 30.32 feet to the true point of beginning of the tract to be herein described; thence South 00E26'23" West, 302.84 feet; thence southwesterly on a curve to the right tangent to the least described course having a radius of 449.24 feet an, arc distance of 353.16 feet; thence South 45E28'52" West, 307.67 feet; thence North 36E55'52" East, 11.47 feet; thence northeasterly on a curve to the left tangent to the last described course, having a radius of 1850.00

feet, an arc distance of 266.02 feet; thence North 45E28'52" East, 37.01 feet; thence northeasterly on a curve to the left, tangent to the last described course, having a radius of 389.24 feet, and arc distance of 305.99 feet; thence North 00E26'23" East, 35.99 feet; thence northeasterly on a curve to the left, having an initial tangent bearing of North 17E21'03" East, a radius of 1850.00 feet, and arc distance of 273.76 feet to the true point of beginning, and all utility easements over, under, along and across said street excepting the ten foot wide sewer easement granted to the City recorded in Clay County, Missouri on February 8, 1990, Book 1956, page 387, be and the same is hereby vacated.

Section 4. That the City Clerk of Kansas City, Missouri 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 ______________________, 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