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ORDINANCE NO. 031177
Vacating
the north-south alley east of Main Street from the south line of Grand
Boulevard to the north line of Warwick Trafficway and directing the City Clerk
to record certain documents. (1445-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 2nd day
of September, 2003, a petition was filed with the City Clerk of Kansas City by
Hallmark Cards, Inc., for the vacation of the north-south alley next east of
Main Street from the south line of Grand Boulevard, as now established, to the
north line of Warwick Trafficway, as now established, all in Section 17,
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
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 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 north-south alley next east of Main Street from the south line of
Grand Boulevard, as now established, to the north line of Warwick Trafficway,
as now established, all in Section 17, 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
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