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Legislation #: 050338 Introduction Date: 3/24/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating Belleview Avenue between 25th Street and 26th Street, and three alleys adjacent to the west, in Jackson County, Missouri and directing the City Clerk to record certain documents. (1494-V)

Legislation History
DateMinutesDescription
3/23/2005 Filed by the Clerk's office
3/24/2005 Referred to Planning, Zoning & Economic Development Committee
3/30/2005 Advance and Do Pass as a Committee Substitute, Debate
3/31/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
050338 Recorded Documents.pdf Recorded Info 1484K Recorded Attachements
050338.pdf Authenticated 146K Authenticated
C001494V_FACTSHT.xls Fact Sheet 52K Fact Shet
C001494V_STAFFRPT02_15_05.doc Staff Report 40K Staff Report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050338

 

Vacating Belleview Avenue between 25th Street and 26th Street, and three alleys adjacent to the west, in Jackson County, Missouri and directing the City Clerk to record certain documents. (1494-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 11th day of February, 2005, a petition was filed with the City Clerk of Kansas City by Boulevard Brewing Associates, L. P., for the vacation of Belleview Avenue from the south line of 25th Street to the north line of 26th Street, the northeast-southwest alley next southeast of Southwest Boulevard from the west line of Belleview Avenue to the north line of 26th Street, the north-south alley next west of Belleview Avenue from the southeast line of said northeast-southwest alley to the north line of 26th Street, and the east-west alley next north of 26th Street from the west line of said north-south alley west to its terminus, said terminus also being the east line of a vacated alley described in Book B2151 at page 78 and all utility easements over, under, across and along said street and alleys, all in Section 7, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, giving the distinct description of the street and alleys 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 street and alleys 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 Belleview Avenue from the south line of 25th Street to the north line of 26th Street, the northeast-southwest alley next southeast of Southwest Boulevard from the west line of Belleview Avenue to the north line of 26th Street, the north-south alley next west of Belleview Avenue from the southeast line of said northeast-southwest alley to the north line of 26th Street, and the east-west alley next north of 26th Street from the west line of said north-south alley west to its terminus, said terminus also being the east line of a vacated alley described in Book B2151 at page 78 and all utility easements over, under, across and along said street and alleys, all in Section 7, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, be and the same are 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 Myers, 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