ORDINANCE NO. 040354

Vacating a portion of E. 68th Street just east of Holmes Road and directing the City Clerk to record certain documents. (1431-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 20th day of December, 2002, a petition was filed with the City Clerk of Kansas City by The Temple, Congregation of BNai Jehudah, for the vacation of E. 68th Street from the east line of Holmes Road, as now established, said east line also being the southerly projection of the west line of Lot 2, Baptist Medical Center Third Plat, to a line described as follows: Commencing at the most easterly southeast corner of Lot 2, Baptist Medical Center Third Plat, thence South 02E20'28" West (South 02E16'54" West, plat) a distance of 6.37 feet to a point on the north right of way line of E. 68th Street, as now established, thence South 36E43'20" east radially to the centerline of E. 68th Street, a distance of 50.00 feet to a point on the south right of way line of E. 68th Street, as now established, said point also being the point of beginning of said vacation limit line, thence southwesterly along a curve to the right having an initial tangent bearing of South 53E16'40" West, a radius of 175 feet and an arc distance of 96.15 feet to a point on the north line of E. 68th Street, as now established, said point also being the terminus of said vacation limit line, and all utility easements over, under, across and along said street, all in Section 8, Township 48 North, Range 33 West, Kansas City, Jackson 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 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 E. 68th Street from the east line of Holmes Road, as now established, said east line also being the southerly projection of the west line of Lot 2, Baptist Medical Center Third

Plat, to a line described as follows: Commencing at the most easterly southeast corner of Lot 2, Baptist Medical Center Third Plat, thence South 02E20'28" West (South 02E16'54" West, plat) a distance of 6.37 feet to a point on the north right of way line of E. 68th Street, as now established, thence South 36E43'20" east radially to the centerline of E. 68th Street, a distance of 50.00 feet to a point on the south right of way line of E. 68th Street, as now established, said point also being the point of beginning of said vacation limit line, thence southwesterly along a curve to the right having an initial tangent bearing of South 53E16'40" West, a radius of 175 feet and an arc distance of 96.15 feet to a point on the north line of E. 68th Street, as now established, said point also being the terminus of said vacation limit line, and all utility easements over, under, across and along said street, all in Section 8, Township 48 North, Range 33 West, Kansas City, Jackson County, Missouri, be and the same is hereby vacated.

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

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