ORDINANCE NO. 940612
Vacating 28th Street from the west line of McGee Street
Trafficway to the east line of Union Cemetery, all in Section 17, Township 49,
Range 33, Kansas City, Jackson County, Missouri.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The Council of Kansas City does hereby
find and declare that on the 28th day of July, 1993, a petition was filed with
the City Clerk of Kansas City by Hallmark Cards, Incorporated for the vacation
of 28th Street from the west line of McGee Street Trafficway to the east line
of Union Cemetery, all in Section 17, Township 49, Range 33, 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 28th Street from the west line of
McGee Street Trafficway to the east line of Union Cemetery, all in Section 17,
Township 49, Range 33, 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 ) ) 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
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 ) ) 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 acknowledgement 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