ORDINANCE NO. 080829
Vacating the north-south and
east-west alleys north of 16th Street west of Myrtle Avenue, Kansas City,
Jackson County, Missouri; reserving an easement; and directing the City Clerk
to record certain documents. (1391-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 4th day of
September, 2001, a petition was filed with the City Clerk of Kansas City by
Millennium Super Stops for the vacation of the north-south alley next west of
Myrtle Avenue from the north line of 16th Street to the south line of the
east-west alley next north of 16th Street, and said east-west alley from the
west line of Myrtle Avenue to the southerly prolongation of the east line of
Lot 9, Block 1, Myrtle Park, all in Section 3, Township 49 North, Range 33
West, 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 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
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 the
north-south alley next west of Myrtle Avenue from the north line of 16th Street
to the south line of the east-west alley next north of 16th Street, and said
east-west alley from the west line of Myrtle Avenue to the southerly prolongation
of the east line of Lot 9, Block 1, Myrtle Park, all in Section 3, 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 (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 5. 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 6. 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
____________________________________
Virginia
Walsh, Secretary
STATE OF MISSOURI )
)
ss.
COUNTY OF ________ )
On the _________ day
of ______________________, 200__, 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
_________________________, 200___.
____________________________________
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. 200___, 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