Legislation #: |
990720 |
Introduction Date: |
5/20/1999 |
Type: |
Ordinance |
Effective Date: |
6/13/1999 |
Sponsor: |
None |
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Title: |
Vacating N.E. Shoal Creek Drive and N.E. 76th Street (both formerly known as N.E. Willis Road) from the north line of N.E. 74th Terrace, also being the westerly prolongation of the south line of Tract B, Block 8, "Northbrook - First Plat", to the south line of relocated N.E. 76th Street, (said south line being a line drawn 80 feet south of and parallel to the north line of relocated N.E. 76th Street) and all utility easements over, under, along and across said streets, except certain water main and utility easements reserved herein, in Kansas City, Clay County, Missouri. (1271-V) |
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Legislation History |
Date | Minutes | Description |
6/3/1999
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| Waive Charter Requirements City Council |
5/27/1999
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| Waive Charter Requirements City Council |
5/20/1999
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| Prepare to Introduce |
5/20/1999
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| Referred Planning, Zoning & Economic Development Committee |
5/26/1999
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| Do Pass |
5/27/1999
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| Assigned to Third Read Calendar |
6/3/1999
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| Passed |
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Printer Friendly Version
ORDINANCE NO. 990720
Vacating N.E. Shoal Creek Drive and N.E. 76th
Street (both formerly known as N.E. Willis Road) from the north line of N.E.
74th Terrace, also being the westerly prolongation of the south line of Tract
B, Block 8, Northbrook - First Plat, to the south line of relocated N.E. 76th
Street, (said south line being a line drawn 80 feet south of and parallel to
the north line of relocated N.E. 76th Street) and all utility easements over,
under, along and across said streets, except certain water main and utility
easements reserved herein, in Kansas City, Clay County, Missouri. (1271-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 May, 1998, a petition
was filed with the City Clerk of Kansas City by North Brooks Homes Association,
Inc., for the vacation of N.E. Shoal Creek Drive and N.E. 76th Street (both
formerly known as N.E. Willis Road) from the north line of N.E. 74th Terrace,
also being the westerly prolongation of the south line of Tract B, Block 8,
Northbrook - First Plat, to the south line of relocated N.E. 76th Street,
(said south line being a line drawn 80 feet south of and parallel to the north
line of relocated N.E. 76th Street) and all utility easements over, under,
along and across said streets, except water main easements granted under
Document Nos. E79933, recorded on May 17, 1984, and G38587, and recorded on May
25, 1989, and except utility easements over the south 15.00 feet of the north
40.00 feet of the east 891.40 feet of the west 1207.26 feet of the Southwest
Quarter of Section 15-51-32, all in Sections 15-51-32 and 16-51-32, in Kansas
City, Clay 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 N.E. Shoal Creek
Drive and N.E. 76th Street (both formerly known as N.E. Willis Road) from the
north line of N.E. 74th Terrace, also being the westerly prolongation of the
south line of Tract B, Block 8, Northbrook - First Plat, to the south line of
relocated N.E. 76th Street, (said south line being a line drawn 80 feet south
of and parallel to the north line of relocated N.E. 76th Street) and all
utility easements over, under, along and across said streets, except water main
easements granted under Document Nos. E79933, recorded on May 17, 1984, and
G38587, and recorded on May 25, 1989, and except utility easements over the
south 15.00 feet of the north 40.00 feet of the east 891.40 feet of the west
1207.26 feet of the Southwest Quarter of Section 15-51-32, all in Sections
15-51-32 and 16-51-32, in Kansas City, Clay 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 utility easement. The
City of Kansas City shall have at all times the right to go upon the above‑described
utility easement 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 utility easement 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 Clay 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:
____________________________________
Assistant
City Attorney
STATE OF MISSOURI )
) ss.
COUNTY OF ________ )
On the _________ day of
______________________, 19___, 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
_________________________, 19____.
____________________________________
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.
19____, 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
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