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.

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Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney

Approved by the City Plan Commission

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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.

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Recorder

By_________________________________

Deputy