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ORDINANCE NO. 981262
Vacating Topping Avenue from the northwesterly
right of way line of Winner Road to the southeasterly right of way line of
Kansas City Terminal Railway and Topping Avenue Diversion from the east line of
Topping Avenue to a point 254.47 feet southwesterly of the south line of
Independence Avenue (as now established), as measured along the southeasterly
line of said Topping Avenue Diversion, all in Kansas City, Jackson County,
Missouri. (1283-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 31st day of August, 1998, a
petition was filed with the City Clerk of Kansas City by Sheffield Assembly of
God Church, Inc., for the vacation of Topping Avenue from the northwesterly
right of way line of Winner Road to the southeasterly right of way line of
Kansas City Terminal Railway and Topping Avenue Diversion from the east line of
Topping Avenue to a point 254.47 feet southwesterly of the south line of
Independence Avenue (as now established), as measured along the southeasterly
line of said Topping Avenue Diversion, all in Sections 1-49-33 and 2-49-33,
in Kansas City, Jackson County, Missouri, giving the distinct description of
the streets 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 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 Topping Avenue from
the northwesterly right of way line of Winner Road to the southeasterly right
of way line of Kansas City Terminal Railway and Topping Avenue Diversion from
the east line of Topping Avenue to a point 254.47 feet southwesterly of the
south line of Independence Avenue (as now established), as measured along the
southeasterly line of said Topping Avenue Diversion, all in Sections
1-49-33 and 2-49-33, in Kansas City, Jackson 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:
____________________________________
Assistant
City Attorney
STATE OF MISSOURI )
) ss.
COUNTY OF ________ )
On the _________ day of
______________________, 19___, 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
_________________________, 19____.
____________________________________
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.
19____, 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