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Legislation #: 180893 Introduction Date: 11/15/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Vacating a portion of Avenida Cesar E. Chavez in between Southwest Boulevard to the west and West Pennway to the east; retaining utility and access easements; and directing the City Clerk to record certain documents. (CD-ROW-2018-00115)

Legislation History
DateMinutesDescription
11/15/2018 Filed by the Clerk's office
11/15/2018 Referred to Planning, Zoning & Economic Development Committee
11/28/2018 Advance and Do Pass, Debate
11/29/2018 Passed
12/6/2018 Held on Docket (12/20/2018)
12/20/2018 Held on Docket (1/31/2019)
2/7/2019 Held on Docket (3/7/2019)
3/7/2019 Held off Docket

View Attachments
FileTypeSizeDescription
180893.pdf Authenticated 110K Aothenticated
CD-ROW-2018-00115_ORD_REQUEST.doc Advertise Notice 31K Ordinance Request
CD-ROW-2018-00115_Staff Report_11-06-18.pdf Staff Report 137K Staff Report
Site Plan.pdf Plan 37K Site Plan
Consent for Vacation.pdf Other 287K Consent for Vacation
Petition for Vacation.pdf Other 238K Petition for Vacation
Utility Comments.pdf Other 714K Utility Comments
CD-ROW-2018-00115_Fact_Sheet.docx Fact Sheet 27K Fact Sheet
CD-ROW-2018-00115_DocketMap.pdf Maps 778K Docket Map

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ORDINANCE NO. 180893

 

Vacating a portion of Avenida Cesar E. Chavez in between Southwest Boulevard to the west and West Pennway to the east; retaining utility and access easements; and directing the City Clerk to record certain documents. (CD-ROW-2018-00115)

 

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 19th day of September, 2018, a petition was filed with the City Clerk of Kansas City by Crossroads Westside Apartments, for the vacation of all that part of Avenida Cesar E. Chavez (previously known as 23rd Street and also previously known as Jaudon Street) lying southeasterly of the southeasterly right-of-way line of Southwest Boulevard and west of the northerly prolongation of the west line of vacated West Pennway in Kansas City, Jackson County, Missouri, containing 4,864 square feet more or less, giving the distinct description of the street 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 street 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 all that part of Avenida Cesar E. Chavez (previously known as 23rd Street and also previously known as Jaudon Street) lying southeasterly of the southeasterly right-of-way line of Southwest Boulevard and west of the northerly prolongation of the west line of vacated West Pennway in Kansas City, Jackson County, Missouri, containing 4,864 square feet 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.

 

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

 

 

____________________________________

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