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Legislation #: 170660 Introduction Date: 8/24/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating the north/south alley next east of Main Street from the south right-of-way line of E. 19th Street to the north right-of-way line of E. 20th Street and a portion of right-of-way located on the north side of E. 20th Street running from the alley to the west right-of-way line of Walnut Street; and directing the City Clerk to record certain documents. (1753-V).

Legislation History
DateMinutesDescription
8/24/2017 Filed by the Clerk's office
8/24/2017 Referred to Planning, Zoning & Economic Development Committee
8/30/2017 Advance and Do Pass, Debate
8/31/2017 Passed

View Attachments
FileTypeSizeDescription
170660 Rcrd Info.pdf Recorded Info 466K Recorded Info
170660.pdf Authenticated 229K Authenticated
170660 Consent 2.pdf Vacation Consent Form 45K Consent
170660 Consent 1.pdf Vacation Consent Form 480K Consent
170660 Petition.pdf Vacation Petition Form 438K Petition
170660 Map.pdf Exhibit 696K Exhibit
170660 Staff Report.pdf Staff Report 11577K Staff Report
170660 Fact Sheet.pdf Fact Sheet 225K Fact Sheet

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ORDINANCE NO. 170660

 

Vacating the north/south alley next east of Main Street from the south right-of-way line of E. 19th Street to the north right-of-way line of E. 20th Street and a portion of right-of-way located on the north side of E. 20th Street running from the alley to the west right-of-way line of Walnut Street; and directing the City Clerk to record certain documents. (1753-V).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council of Kansas City does hereby find and declare that on the 20th day of July, 2017, a petition was filed with the City Clerk of Kansas City by John Honiotes, Olsson Associates, for the vacation of the alley in Block 37 of McGee's Addition, a subdivision of land in the Northwest Quarter of Section 8, Township 49 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri, and portions of Walnut Street right-of-way and a portion of East 20th Street right-of-way; being bounded and described as follows: Commencing at the Northeast corner of Lot 490 of said Block 37 of McGee's Addition, thence South 02 degrees 16 minutes 09 seconds West, 15.10 feet to a point on the Southerly right-of-way line of East 19th Street, as now established, said point also being the point of beginning; thence South 87 degrees 34 minutes 14 seconds East on said Southerly right-of-way line, 16.50 feet to a point on the Westerly line of Lot 499 of said Block 37 of McGee's Addition; thence South 02 degrees 16 minutes 09 seconds West on the Westerly Lot lines of Lots 499 thru 507, 380.92 feet to a point on the Northerly right-of-way of East 20th Street, as now established; thence South 87 degrees 31 minutes 12 seconds East on said Northerly right-of-way line, 96.51 feet to a point on the Westerly right-of-way of Walnut Street, as now established; thence North 14 degrees 54 minutes 54 seconds East on said Westerly right-of-way line, 50.69 feet to a point on the South line of said Lot 505; thence South 87 degrees 31 minutes 12 seconds East on said South line of Lot 505, 8.04 feet; thence South 02 degrees 14 minutes 34 seconds West, 58.08 feet; thence North 87 degrees 43 minutes 12 seconds West, 132.18 feet to a point on the Easterly line of Lot 498 of said Block 37 of McGee's Addition; thence North 02 degrees 16 minutes 09 seconds East on said Easterly line of Lots 498 thru 490 of said Block 37 of McGee's Addition, 389.95 feet to the point of beginning. Containing 8,123 square feet or 0.19 acres, more or less, 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 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 alley in Block 37 of McGee's Addition, a subdivision of land in the Northwest Quarter of Section 8, Township 49 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri, and portions of Walnut Street right-of-way and a portion of East 20th Street right-of-way; being bounded and described as follows: Commencing at the Northeast corner of Lot 490 of said Block 37 of McGee's Addition, thence South 02 degrees 16 minutes 09 seconds West, 15.10 feet to a point on the Southerly right-of-way line of East 19th Street, as now established, said point also being the point of beginning; thence South 87 degrees 34 minutes 14 seconds East on said Southerly right-of-way line, 16.50 feet to a point on the Westerly line of Lot 499 of said Block 37 of McGee's Addition; thence South 02 degrees 16 minutes 09 seconds West on the Westerly Lot lines of Lots 499 thru 507, 380.92 feet to a point on the Northerly right-of-way of East 20th Street, as now established; thence South 87 degrees 31 minutes 12 seconds East on said Northerly right-of-way line, 96.51 feet to a point on the Westerly right-of-way of Walnut Street, as now established; thence North 14 degrees 54 minutes 54 seconds East on said Westerly right-of-way line, 50.69 feet to a point on the South line of said Lot 505; thence South 87 degrees 31 minutes 12 seconds East on said South line of Lot 505, 8.04 feet; thence South 02 degrees 14 minutes 34 seconds West, 58.08 feet; thence North 87 degrees 43 minutes 12 seconds West, 132.18 feet to a point on the Easterly line of Lot 498 of said Block 37 of McGee's Addition; thence North 02 degrees 16 minutes 09 seconds East on said Easterly line of Lots 498 thru 490 of said Block 37 of McGee's Addition, 389.95 feet to the point of beginning. Containing 8,123 square feet or 0.19 acres, more or less, 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. That a full width utility easement be retained and utilities shall be relocated in accordance with the agreements made with the utility companies.

 

Section 5. 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 6. 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:

 

 

____________________________________

Sarah Baxter

Assistant City Attorney

 

Approved by the City Plan Commission

 

 

____________________________________

Diane Binckley, Secretary

 

STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

On the _____ day of ___________________, 20___, 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 _________________________, 20____.

 

____________________________________

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. 20____, 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