SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 120117
Vacating a portion of E. 6th
Street, east of Charlotte Street and the adjacent north-south alley, Kansas
City, Jackson County, Missouri; retaining a utility easement; and directing the
City Clerk to record certain documents. (1652-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 30th day of December,
2011, a petition was filed with the City Clerk of Kansas City by Kansas City
Power and Light for the vacation of E. 6th Street (platted Emily Street) from
the east line of Charlotte Street to the southerly prolongation of the east
line of Lot 37, Block 3, Ranson and Hopkins Addition, and the north-south alley
next east of Charlotte Street from the north line of E. 6th Street to the south
line of Interstate 35, and all utility easements over, under, across and along
said E. 6th Street only, all in Section 5, Township 49 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 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 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 4. That E.
6th Street (platted Emily Street) from the east line of Charlotte Street to the
southerly prolongation of the east line of Lot 37, Block 3, Ranson and Hopkins
Addition, and the north-south alley next east of Charlotte Street from the
north line of E. 6th Street to the south line of Interstate 35, and all utility
easements over, under, across and along said E. 6th Street only, all in Section
5, Township 49 North, Range 33 West, 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 conduits, water, gas
and sewer pipes, poles and wire, or any of them over, under, along and across said
alley. The City of Kansas City shall have at all times the right to go upon said
alley to construct, maintain and repair the same; and nothing in this vacation
action shall be construed so as to grant any right to use said alley 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 5. That
prior to recording this ordinance, the petitioner will enter into an agreement
with the Parks and Recreation Department to restore the vacated right of way as
required by said department.
Section 6. 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 7. 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
____________________________________
Diane
Binckley, Secretary
STATE OF MISSOURI )
)
ss.
COUNTY OF ________ )
On the _____ day of
___________________, 20___, 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
_________________________, 20____.
____________________________________
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. 20____, 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