[CC 1992 §510.040; Ord. No. 288 §§1 — 3, 4-23-1975; Ord. No. 698 §1, 11-15-1993]
A. 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:
1. 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;
2. The
names and addresses of all persons or entitles affected by the proposed
vacation; and
3. The
reasons for which the vacation is being sought.
B. Upon
the filing of the petition, the petitioner shall provide the City
Clerk with the following:
1. 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;
2. A cash
deposit in a sum acceptable to the City Clerk sufficient to pay all
anticipated publication expense and recording fees.
C. 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.
D. 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.
E. 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.
F. 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.
G. All expenses
incurred for giving notice hereunder, including the notice by publication
and any recording expense, shall be paid by the petitioner.
H. 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.