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Legislation #: 071267 Introduction Date: 11/20/2007
Type: Ordinance Effective Date: 1/13/2008
Sponsor: None
Title: Vacating N.E. 83rd Street between N. Brighton Avenue and N. Denver Avenue, Kansas City, Clay County, Missouri; retaining utility easements; and directing the City Clerk to record certain documents. (1578-V)

Legislation History
DateMinutesDescription
11/16/2007 Filed by the Clerk's office
11/20/2007 Referred to Planning and Zoning Committee
12/12/2007 Do Pass
12/13/2007 Assigned to Third Read Calendar
1/3/2008 Passed

View Attachments
FileTypeSizeDescription
071267.pdf Recorded Info 139K Recorded Ordinance
071267 Mailing List.pdf Plan Mailing List 37K Mail List
071267 Docket Map.pdf Maps 58K Document Maps
071267.pdf Authenticated 122K Authenticated
Adv. 121207.pdf Advertise Notice 8K Advertise Notice
071260,267,272,273,274,275 Affidavit of Publication.pdf Other 52K Affidavit of Publication
C001578V_FACTSHT.xls Fact Sheet 57K Fact Sheet
C001578V_STAFFRPT11_06_07.doc Staff Report 40K Staff Report

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ORDINANCE NO. 071267

 

Vacating N.E. 83rd Street between N. Brighton Avenue and N. Denver Avenue, Kansas City, Clay County, Missouri; retaining utility easements; and directing the City Clerk to record certain documents. (1578-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 23rd day of October, 2007, a petition was filed with the City Clerk of Kansas City by CKC Holdings, L. L. C., for the vacation of N.E. 83rd Street from the east line of N. Brighton Avenue/Missouri Highway 152 to a line parallel to and 20 feet west of the west line of N. Denver Avenue, all in Section 8, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri, 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 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 no private rights will be unreasonably injured or endangered by this vacation and that the public will suffer no unreasonable loss or inconvenience thereby.

 

Section 3. That N.E. 83rd Street from the east line of N. Brighton Avenue/Missouri Highway 152 to a line parallel to and 20 feet west of the west line of N. Denver Avenue, all in Section 8, Township 51 North, Range 32 West, Kansas City, Clay 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

 

Approved by the City Plan Commission

 

 

____________________________________

Virginia Walsh, Secretary

 

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