Platte City, MO In General

[CC 1992 §510.040; Ord. No. 288 §§1 — 3, 4-23-1975; Ord. No. 698 §1, 11-15-1993]

Whenever any person or entity desires to vacate any public street, avenue, alley, highway or part thereof within the City of Platte City, Missouri, said person or entity shall file a petition for vacation with the City Clerk. The petition shall be made upon oath or affirmation stating that the facts therein contained are true and correct according to the petitioner's best information, knowledge and belief and the petition shall set forth the following:

A distinct description of the street, avenue, alley, highway or part thereof to be vacated which shall reference platted lots, blocks and streets in sufficient detail to identify the exact location to be vacated;

The names and addresses of all persons or entitles affected by the proposed vacation; and

The reasons for which the vacation is being sought.

Upon the filing of the petition, the petitioner shall provide the City Clerk with the following:

A proposed notice of public hearing setting forth a date and time of hearing acceptable to the City Clerk, which date shall not be less than fifteen (15) days after petitioner proposes to give notice as herein required;

A cash deposit in a sum acceptable to the City Clerk sufficient to pay all anticipated publication expense and recording fees.

The petitioner shall be responsible for giving notice of the pendency of the petition and the date, time and place of hearing at least fifteen (15) days in advance or the hearing by sending a copy of the notice of public hearing to all persons affected by the proposed vacation at their last known address by certified mail with return receipt requested or by obtaining a written waiver of notice from such persons or entities. Proof that notice has been given as required or that a written waiver of notice has been obtained must be filed by the petitioner with the City Clerk prior to the hearing. For purposes of this Section, the term "persons or entities affected", shall mean the owners of the fee interest in all real estate touching upon the property to be vacated or for which the street, avenue, alley, highway or past thereof provides access.

The City Clerk shall be responsible for publication of the printed public notice required by this Section which shall be printed in a newspaper of general circulation in the City of Platte City, Missouri, not less than fifteen (15) days prior to the date of the proposed hearing.

Any individual notice required by this Section shall be deemed given on the date that the same is placed in the U.S. mail with postage prepaid and certified for delivery to the addresses only.

In the event that upon hearing the petitioner's request for vacation is granted, the granting of the vacation shall be by ordinance and a certified copy thereof shall be delivered to the Recorder of Deeds for Platte County, Missouri, for recording.

All expenses incurred for giving notice hereunder, including the notice by publication and any recording expense, shall be paid by the petitioner.

In the event of vacation of a public street, avenue, alley, highway or part thereof, the title thereto shall vest in the persons or entities owning the fee title to the land on each side thereof in equal proportions according to the length or width of such land as the same may border thereon. However, the City of Platte City may reserve utility easements in the vacated lands and restrict the use thereof consistent with the easements reserved.