COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090482

Vacating the east-west alley north of E. 12th Street from Bennington Avenue east to the north-south alley, in Kansas City, Jackson County, Missouri, retaining a utility easement, requiring an alternative paved surface, and directing the City Clerk to record certain documents. (1580-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 20th day of April, 2009, a petition was filed with the City Clerk of Kansas City by Sheffield Place for the vacation of the east-west alley next north of E. 12th Street from the east line of Bennington Avenue to the southerly projection of the east line of Lot 21, Block 16, Centropolis, a subdivision in Kansas City, Jackson County, Missouri, all in Section 1, 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 east-west alley next north of E. 12th Street from the east line of Bennington Avenue to the southerly projection of the east line of Lot 21, Block 16, Centropolis, a subdivision in Kansas City, Jackson County, Missouri, all in Section 1, 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. To alleviate any burden to the neighborhood caused by this vacation, the developer is required to secure permits for construction of a 12 foot wide paved surface on the east leg of the east west alley from the north south alley east to Newton Avenue as required by Development Services, and to construct said surface, at such time as the residential lots north of the vacated alley are paved. Before this ordinance is recorded, developer and City will enter into an agreement for the paving to be done within 5 years, or the right-of-way to be rededicated.

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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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.

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Recorder

By_________________________________

Deputy