ORDINANCE NO. 960545
Vacating the north-south alley between Main Street and
Walnut Street from the south line of 9th Street, as it now exists, to the north
line of 10th Street, in Kansas City, Jackson County, Missouri. (1153-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 11th day of July, 1995, a petition was filed with
the City Clerk of Kansas City by Tower Properties Company for the vacation of
the north-south alley between Main Street and Walnut Street from the south line
of 9th Street, as it now exists, to the north line of 10th Street, all in
Section 5-49-33, in Kansas City, Jackson County, Missouri, giving the distinct
description of the 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 alley 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 north-south alley between Main
Street and Walnut Street from the south line of 9th Street, as it now exists,
to the north line of 10th Street, all in Section 5-49-33, 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
Assistant City Attorney
STATE OF MISSOURI )
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
IN RECORDER'S OFFICE
STATE OF MISSOURI ) )
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