ORDINANCE NO. 040529
Vacating
Jackson Avenue between Blue Parkway and 51st Street, 50th Terrace on the both
sides of Kensington Avenue and 51st Street between Jackson Avenue and
Kensington Avenue and directing the City Clerk to record certain documents.
(1439-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 19th
day of May, 2003, a petition was filed with the City Clerk of Kansas City by
Swope Community Builders, for the vacation of Jackson Avenue from the
southeasterly prolongation of the north line of Lot 1, Blue Parkway Town
Center, Second Plat, said line and prolongation thereof being a curve to the
left with a radius of 1175 feet, to the easterly extension of the south line of
said Lot 1, E. 50th Terrace from the east line of Jackson Avenue to the west
line of Kensington Avenue and E. 50th Terrace from the east line of Kensington
Avenue east to its terminus, as now established, and E. 51st Street from the
east line of Jackson Avenue to the west line of Kensington Avenue, all in
Sections 26, 27 and 35, Township 49 North, Range 33 West, Kansas City, Jackson
County, Missouri, giving the distinct description of the streets 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
streets 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 Jackson Avenue from the southeasterly prolongation of the north line
of Lot 1, Blue Parkway Town Center, Second Plat, said line and prolongation
thereof being a curve to the left with a radius of 1175 feet, to the easterly
extension of the south line of said Lot 1, E. 50th Terrace from the east line
of Jackson Avenue to the west line of Kensington Avenue and E. 50th Terrace
from the east line of Kensington Avenue east to its terminus, as now
established, and E. 51st Street from the east line of Jackson Avenue to the
west line of Kensington Avenue, all in Sections
26, 27 and 35, 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 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 legality:
____________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney
Approved
by the City Plan Commission
____________________________________
Charles
Meyers, Chairman
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